LG PDI Premium PQNUD1S40 Manual Del Propietario Y De Instalación página 45

WARRANTY (CANADA)
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WARRANTY (CANADA)
ARBITRATION NOTICE: THIS LIMITED WARRANTY CONTAINS AN ARBITRATION PROVISION THAT RE-
QUIRES YOU AND LG TO RESOLVE DISPUTES BY BINDING ARBITRATION INSTEAD OF IN COURT, UNLESS
THE LAWS OF YOUR PROVINCE OR TERRITORY DO NOT PERMIT THAT, OR, IN OTHER JURISDICTIONS, IF
YOU CHOOSE TO OPT OUT. IN ARBITRATION, CLASS ACTIONS AND JURY TRIALS ARE NOT PERMITTED.
PLEASE SEE THE SECTION TITLED "PROCEDURE FOR RESOLVING DISPUTES" BELOW.
PROCEDURE FOR RESOLVING DISPUTES(FOR CANADIAN PRODUCTS):
EXCEPT WHERE PROHIBITED AT LAW, ALL DISPUTES BETWEEN YOU AND LG ARISING OUT OF OR RE-
LATING IN ANY WAY TO THIS LIMITED WARRANTY OR THE PRODUCT SHALL BE RESOLVED EXCLU-
SIVELY THROUGH BINDING ARBITRATION, AND NOT IN A COURT OF GENERAL JURISDICTION. EXCEPT
WHERE PROHIBITED AT LAW, YOU AND LG BOTH IRREVOCABLY AGREE TO WAIVE THE RIGHT TO A
JURY TRIAL AND TO BRING OR PARTICIPATE IN A CLASS ACTION.
Definitions. For the purposes of this section, references to "LG" mean LG Electronics Canada, Inc., its parents,
subsidiaries and affiliates, and each of their officers, directors, employees, agents, beneficiaries, predecessors
in interest, successors, assigns and suppliers; references to "dispute" or "claim" shall include any dispute,
claim or controversy of any kind whatsoever (whether based in contract, tort, statute, regulation, ordinance,
fraud, misrepresentation or any other legal or equitable theory) arising out of or relating in any way to the sale,
condition or performance of the product or this Limited Warranty.
Notice of Dispute. In the event you intend to commence an arbitration proceeding, you must first notify LG in
writing at least 30 days in advance of initiating the arbitration by sending a letter to LGECI Legal Team at 20
Norelco Drive, North York, Ontario, Canada M9L 2X6 (the "Notice of Dispute"). You and LG agree to engage in
good faith discussions in an attempt to amicably resolve your claim. The notice must provide your name, ad-
dress, and telephone number; identify the product that is the subject of the claim; and describe the nature of
the claim and the relief being sought. If you and LG are unable to resolve the dispute within 30 days of LG's re-
ceipt of the Notice of Dispute, the dispute shall be resolved by binding arbitration in accordance with the proce-
dure set out herein. You and LG both agree that, during the arbitration proceeding, the terms (including any
amount) of any settlement offer made by either you or LG will not be disclosed to the arbitrator until the arbitra-
tor determines the dispute.
Agreement to Binding Arbitration and Class Action Waiver. Upon failure to resolve the dispute during the 30
day period after LG's receipt of the Notice of Dispute, you and LG agree to resolve any claims between you
and LG only by binding arbitration on an individual basis, unless you opt out as provided below, or you reside in
a jurisdiction that prevents full application of this clause in the circumstances of the claims at issue (in which
case if you are a consumer, this clause will only apply if you expressly agree to the arbitration). To the extent
permitted by applicable law, any dispute between you and LG shall not be combined or consolidated with a dis-
pute involving any other person's or entity's product or claim. More specifically, without limitation of the fore-
going, except to the extent such a prohibition is not permitted at law, any dispute between you and LG shall
not under any circumstances proceed as part of a class or representative action. Instead of arbitration, either
party may bring an individual action in small claims court, but that small claims court action may not be brought
on a class or representative basis except to the extent this prohibition is not permitted at law in your province
or territory of jurisdiction as it relates to the claims at issue between you and LG.
Arbitration Rules and Procedures. To begin arbitration of a claim, either you or LG must make a written demand
for arbitration. The arbitration will be private and confidential, and conducted on a simplified and expedited
basis before a single arbitrator chosen by the parties under the provincial or territorial commercial arbitration
law and rules of the province or territory of your residence. You must also send a copy of your written demand
to LG at LG Electronics, Canada, Inc., Attn: Legal Department- Arbitration, 20 Norelco Drive, North York, On-
tario M9L 2X6. This arbitration provision is governed by your applicable provincial or territorial commercial arbi-
tration legislation. Judgment may be entered on the arbitrator's award in any court of competent jurisdiction.
All issues are for the arbitrator to decide, except that, issues relating to the scope and enforceability of the arbi-
tration provision and to the arbitrability of the dispute are for the court to decide. The arbitrator is bound by the
terms of this provision.