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LG V40 ThinQ - LM-V405 Manual

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LIMITED WARRANTY STATEMENT 215
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 administered
by the American Arbitration Association (“AAA”) and will be conducted before a
single arbitrator under the AAA’s Consumer Arbitration Rules that are in effect
at the time the arbitration is initiated (referred to as the “AAA Rules”) and under
the procedures set forth in this section. The AAA Rules are available online at
www.adr.org/consumer
. Send a copy of your written demand for arbitration, as
well as a copy of this provision, to the AAA in the manner described in the AAA
Rules. You must also send a copy of your written demand to LG at LG Electronics,
U.S.A., Inc. Attn: Legal Department- Arbitration 1000 Sylvan Avenue Englewood
Cliffs, NJ 07632. If there is a conflict between the AAA Rules and the rules set
forth in this section, the rules set forth in this section will govern. This arbitration
provision is governed by the Federal Arbitration Act. 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 state of your residence shall govern this Limited
Warranty and any disputes between us except to the extent that such law is
preempted by or inconsistent with applicable federal law.
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 to the AAA unless you seek more than $25,000 in damages, in which case
the payment of these fees will be governed by the AAA Rules. Except as otherwise
provided for herein, LG will pay all AAA filing, administration and arbitrator fees
for any arbitration initiated in accordance with the AAA 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 standards set
forth in Federal Rule of Civil Procedure 11(b)), then the payment of all arbitration
fees will be governed by the AAA 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 AAA 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.
… 216


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