Samsung SGH-I257ZKAATT - Manual (Page 43)

Warranty Information 37
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