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100 Manufacturer’s Warranty
AN IMPLIED WARRANTY LASTS, OR THE DISCLAIMER OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT
APPLY TO YOU.
SAMSUNG MAKES NO WARRANTIES OR REPRESENTATIONS,
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE
QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE OR
SUITABILITY OF ANY THIRD-PARTY SOFTWARE OR EQUIPMENT
USED IN CONJUNCTION WITH THE PRODUCT, OR THE ABILITY
TO INTEGRATE ANY SUCH SOFTWARE OR EQUIPMENT WITH
THE PRODUCT, WHETHER SUCH THIRD-PARTY SOFTWARE OR
EQUIPMENT IS INCLUDED WITH THE PRODUCT DISTRIBUTED
BY SAMSUNG OR OTHERWISE. RESPONSIBILITY FOR THE
QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE AND
SUITABILITY OF ANY SUCH THIRD-PARTY SOFTWARE OR
EQUIPMENT RESTS SOLELY WITH THE USER AND THE DIRECT
VENDOR, OWNER OR SUPPLIER OF SUCH THIRD-PARTY
SOFTWARE OR EQUIPMENT.
Nothing in the Product instructions or information shall be construed
to create an express warranty of any kind with respect to the
Products. No agent, employee, dealer, representative or reseller is
authorized to modify or extend this Limited Warranty or to make
binding representations or claims, whether in advertising,
presentations or otherwise, on behalf of SAMSUNG regarding the
Products or this Limited Warranty.
This Limited Warranty gives you specific legal rights, and you may
also have other rights that vary from state to state.
What is the procedure for resolving disputes?
ALL DISPUTES WITH SAMSUNG ARISING IN ANY WAY FROM
THIS LIMITED WARRANTY OR THE SALE, CONDITION OR
PERFORMANCE OF THE PRODUCTS SHALL BE RESOLVED
EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION,
AND NOT BY A COURT OR JURY. Any such dispute shall not be
combined or consolidated with a dispute involving any other
person’s or entity’s Product or claim, and specifically, without
limitation of the foregoing, shall not under any circumstances
proceed as part of a class action. The arbitration shall be conducted
before a single arbitrator, whose award may not exceed, in form or
amount, the relief allowed by the applicable law. The arbitration shall
be conducted according to the American Arbitration Association
(AAA) Commercial Arbitration Rules applicable to consumer
disputes. This arbitration provision is entered pursuant to the
Federal Arbitration Act. The laws of the State of Texas, without
reference to its choice of laws principles, shall govern the
interpretation of the Limited Warranty and all disputes that are
subject to this arbitration provision. The arbitrator shall decide all
issues of interpretation and application of this arbitration provision
and the Limited Warranty.
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
Boost SPH-M390.book Page 100 Friday, August 31, 2012 6:30 PM