Samsung SGH-T499MAWTMB - Manual (Page 178)

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OPERATIONS, PERFORMANCE AND SUITABILITY OF ANY
SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT RESTS
SOLELY WITH THE PURCHASER 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 the Purchaser's total
damage claims, exclusive of attorney fees and expert
witness fees, are $5,000.00 or less ("Small Claim"),
the arbitrator may, if the Purchaser prevails, award
the Purchaser's reasonable attorney fees, expert
witness fees and costs as part of any award, but may
not grant SAMSUNG its attorney fees, expert witness