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Arbitration

ARBITRATION NOTICE: THIS LIMITED WARRANTY CONTAINS AN ARBITRATION PROVISION THAT REQUIRES 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.
FOR FURTHER CLARITY, THIS ARBITRATION PROVISION IS NOT APPLICABLE TO CUSTOMERS RESIDING IN ONTARIO. IN ARBITRATION, CLASS ACTIONS AND JURY TRIALS ARE NOT PERMITTED. PLEASE SEE THE SECTION TITLED “PROCEDURE FOR RESOLVING DISPUTES” BELOW.

PROCEDURE FOR RESOLVING DISPUTES:

EXCEPT WHERE PROHIBITED BY LAW, ALL DISPUTES BETWEEN YOU AND LG ARISING OUT OF OR RELATING IN ANY WAY TO THIS LIMITED WARRANTY OR THE PRODUCT SHALL BE RESOLVED EXCLUSIVELY 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. FOR CLARITY, THIS PROVISION DOES NOT APPLY TO CONSUMERS RESIDING IN ONTARIO.

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, address, 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 receipt of the Notice of Dispute, the dispute shall be resolved by binding arbitration in accordance with the procedure 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 arbitrator 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 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 the jurisdiction in which you reside as it relates to the claims at issue between you and LG. This does not apply to consumers in Ontario. In accordance with provincial legislation, the consumer and LG may agree to resolve the dispute using any procedure available, including commencing the action in the Superior Court of Justice.

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. 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.

Opt Out. The arbitration provision requires you and LG to resolve disputes by binding arbitration instead of court, unless the laws of your province or territory do not permit that, or, in other jurisdictions, if you choose to opt out.

For individuals that fall within the binding arbitration provisions, you may opt out of this dispute resolution procedure. If you opt out, neither you nor LG can require the other to participate in an arbitration proceeding. To opt out, you must send notice to LG no later than 30 calendar days from the date of the first consumer purchaser’s purchase of the product by either (i) sending an e-mail to optout@lge.com, with the subject line: “Arbitration Opt Out;” or (ii) calling 1- 800-980-2973. You must include in the opt out e-mail or provide by telephone: (a) your name and address; (b) the date on which the product was purchased; (c) the product model name or model number; and (d) the serial number (the serial number can be found (i) on the product; or (ii) online by accessing https://www.lg.com/ca_en/findmodel_serial/ ).

In the event that you “Opt Out”, the law of the province or territory of your residence 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 agree to attorn to the exclusive jurisdiction of the courts of the province or territory of your residence for the resolution of the claim, action, dispute or controversy between you and LG.

You may only opt out of the dispute resolution procedure in the manner described above (that is, by e-mail or telephone); no other form of notice will be effective to opt out of this dispute resolution procedure. Opting out of this dispute resolution procedure will not affect the coverage of the Limited Warranty in any way, and you will continue to enjoy the full benefits of the Limited Warranty. If you keep this product and do not opt out, then you accept all terms and conditions of the arbitration provision described above.

Conflict of Terms. In the event of a conflict or inconsistency between the terms of this Limited Warranty and the End User License Agreement (“EULA”) in regards to dispute resolution, the terms of this Limited Warranty shall control and govern the rights and obligations of the parties and shall take precedence over the EULA.