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Warranty Information 109
For any arbitration in which your total damage claims, exclusive of
attorney fees and expert witness fees, are $5,000.00 or less (“Small
Claim”), the arbitrator may, if you prevail, award your reasonable
attorney fees, expert witness fees and costs as part of any award,
but may not grant SAMSUNG its attorney fees, expert witness fees or
costs unless it is determined that the claim was brought in bad faith.
In a Small Claim case, you shall be required to pay no more than half
of the total administrative, facility and arbitrator fees, or $50.00 of
such fees, whichever is less, and SAMSUNG shall pay the remainder
of such fees. Administrative, facility and arbitrator fees for
arbitrations in which your total damage claims, exclusive of attorney
fees and expert witness fees, exceed $5,000.00 (“Large Claim”)
shall be determined according to AAA rules. In a Large Claim case,
the arbitrator may grant to the prevailing party, or apportion among
the parties, reasonable attorney fees, expert witness fees and costs.
Judgment may be entered on the arbitrator’s award in any court of
competent jurisdiction.
This arbitration provision also applies to claims against SAMSUNG’s
employees, representatives and affiliates if any such claim arises
from the Product’s sale, condition or performance.
You may opt out of this dispute resolution procedure by providing
notice to SAMSUNG no later than 30 calendar days from the date of the
first consumer purchaser’s purchase of the Product. To opt out, you
must send notice by e-mail to optout@sta.samsung.com, with the
subject line: “Arbitration Opt Out.” You must include in the opt out
e-mail (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 IMEI or MEID or Serial Number, as applicable, if you have it (the
IMEI or MEID or Serial Number can be found (i) on the Product box;