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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 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.
G730V.book Page 202 Friday, November 22, 2013 4:03 PM