LG UltraWide 34U65ZA handleiding

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Handleiding

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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 dispute involving any other

person’s or entity’s product or claim. More specifically, without limitation of the foregoing, 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. This does not apply to consumers in Ontario and Québec. In accordance with provincial

legislation, the consumer and LG may agree to resolve the dispute using any procedure available, including commencing the action before the competent courts of those provinces.

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, Ontario M9L 2X6. This arbitration provision is governed by your applicable provincial or territorial commercial arbitration legislation. For

consumers in Ontario and Québec, the applicable arbitration legislation only applies if consumers agree to submit the dispute to arbitration. 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 arbitration provision and to the arbitrability of the dispute are for the court to decide. The arbitrator is bound by the terms of

this provision.

Governing Law. The law of the province or territory of your purchase shall govern this Limited Warranty and any disputes between you and LG except to the extent that such law is preempted by or inconsistent with applicable

federal or provincial/territorial law. Should arbitration not be permitted for any claim, action, dispute or controversy between you and LG, you and LG attorn to the exclusive jurisdiction of the courts of the province or territory of your

purchase for the resolution of the claim, action, dispute or controversy between you and LG.

Fees/Costs. You do not need to pay any fee to begin an arbitration. Upon receipt of your written demand for arbitration, LG will promptly pay all arbitration filing fees unless you seek more than $25,000 in damages, in which case the

payment of these fees will be governed by the applicable arbitration rules. Except as otherwise provided for herein, LG will pay all filing, administration and arbitrator fees for any arbitration initiated in accordance with the applicable

arbitration rules and this arbitration provision. If you prevail in the arbitration, LG will pay your attorneys’ fees and expenses as long as they are reasonable, by considering factors including, but not limited to, the purchase amount and

claim amount. Notwithstanding the foregoing, if applicable law allows for an award of reasonable attorneys’ fees and expenses, an arbitrator can award them to the same extent that a court would. If the arbitrator finds either the

substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the applicable laws), then the payment of all arbitration fees will be governed by the applicable arbitration

rules. In such a situation, you agree to reimburse LG for all monies previously disbursed by it that are otherwise your obligation to pay under the applicable arbitration rules. Except as otherwise provided for, LG waives any rights it may

have to seek attorneys’ fees and expenses from you if LG prevails in the arbitration.

Hearings and Location. If your claim is for $25,000 or less, you may choose to have the arbitration conducted solely (1) on the basis of documents submitted to the arbitrator, (2) through a telephonic hearing, or (3) by an in-person

hearing as established by the applicable arbitration rules. If your claim exceeds $25,000, the right to a hearing will be determined by the applicable arbitration rules. Any in-person arbitration hearings will be held at the nearest, most

mutually-convenient arbitration location available within the province or territory in which you reside unless you and LG both agree to another location or agree to a telephonic arbitration.

Severability and Waiver. If any portion of this Limited Warranty (including these arbitration procedures) is unenforceable, the remaining provisions will continue in full force and effect to the maximum extent permitted by

applicable law. Should LG fail to enforce strict performance of any provision of this Limited Warranty (including these arbitration procedures), it does not mean that LG intends to waive or has waived any provision or part of this

Limited Warranty.

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