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M380_UG.book Page 166 Wednesday, May 11, 2011 2:36 PM
be combined or consolidated with a dispute involving any
arbitrations in which the Purchaser's total damage claims,
other person's or entity's Product or claim, and specifically,
exclusive of attorney fees and expert witness fees, exceed
without limitation of the foregoing, shall not under any
$5,000.00 ("Large Claim") shall be determined according to
circumstances proceed as part of a class action. The
AAA rules. In a Large Claim case, the arbitrator may grant to
arbitration shall be conducted before a single arbitrator, whose
the prevailing party, or apportion among the parties, reasonable
award may not exceed, in form or amount, the relief allowed by
attorney fees, expert witness fees and costs. Judgment may be
the applicable law. The arbitration shall be conducted
entered on the arbitrator's award in any court of competent
according to the American Arbitration Association (AAA)
jurisdiction.
Commercial Arbitration Rules applicable to consumer disputes.
This arbitration provision also applies to claims against
This arbitration provision is entered pursuant to the Federal
SAMSUNG'S employees, representatives and affiliates if any
Arbitration Act. The laws of the State of Texas, without
such claim arises from the Product's sale, condition or
reference to its choice of laws principles, shall govern the
performance.
interpretation of the Limited Warranty and all disputes that are
subject to this arbitration provision. The arbitrator shall decide
Purchaser may opt out of this dispute resolution procedure
by providing notice to SAMSUNG no later than 30 calendar
all issues of interpretation and application of this arbitration
days from the date of Purchaser's original purchase of the
provision and the Limited Warranty.
Product. To opt out, Purchaser must send notice by e-mail to
For any arbitration in which the Purchaser's total damage
optout@sta.samsung.com, with the subject line: "Arbitration
claims, exclusive of attorney fees and expert witness fees, are
Opt Out." Purchaser must include in the opt out e-mail (a)
$5,000.00 or less ("Small Claim"), the arbitrator may, if the
Purchaser's name and address; (b) the date on which the
Purchaser prevails, award the Purchaser's reasonable attorney
Product was purchased; (c) the Product model name or
fees, expert witness fees and costs as part of any award, but
model number; and (d) the IMEI or MEID or Serial Number, as
may not grant SAMSUNG its attorney fees, expert witness fees
applicable, if Purchaser has it (the IMEI or MEID or Serial
or costs unless it is determined that the claim was brought by
Number can be found (i) on the Product box; (ii) on the
the Purchaser in bad faith. In a Small Claim case, the
Product information screen, which can be found under
Purchaser shall be required to pay no more than half of the
"Settings;" (iii) on a label on the back of the Product beneath
total administrative, facility and arbitrator fees, or $50.00 of such
the battery, if the battery is removable; and (iv) on the outside
fees, whichever is less, and SAMSUNG shall pay the remainder
of the Product if the battery is not removable). Alternatively,
of such fees. Administrative, facility and arbitrator fees for
Purchaser may opt out by calling 1-888-987-4357 and
providing the same information. These are the only two
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Manufacturer’s Warranty
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