LG Mega 12,000 BTU Single Zone Mini Split Air Conditioning Unit Owner's Manual - Manuel (Page 38)

38 WARRANTY (CANADA)
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. 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
[email protected], 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/support/repair-service/schedule-
repair and clicking on “Find My Model & Serial Number”).
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.