Samsung SPH-N200 User Manual

Page 142

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Section 18

140

Terms and Conditions & Warranty Information

INCLUDING FRAUD, MISREPRESENTATION, OR ANY
OTHER LEGAL THEORY, RELATED DIRECTLY OR
INDIRECTLY TO THE SERVICES, WHETHER BETWEEN
THE COMPANY AND THE CUSTOMER OR BETWEEN THE
COMPANY OR THE CUSTOMER, ON THE ONE HAND, AND
EMPLOYEES, AGENTS OR AFFILIATED BUSINESSES Of
THE OTHER PARTY, ON THE OTHER HAND, SHALL BE
RESOLVED BY ARBITRATION AS PRESCRIBED IN THIS
SECTION. THE FEDERAL ARBITRATION ACT, NOT STATE
LAW, GOVERNS THE QUESTION OF WHETHER A CLAIM IS
SUBJECT TO ARBITRATION.

A single arbitrator engaged in the practice of law will
conduct the arbitration under the rules of the American
Arbitration Association. The arbitrator will be selected in
accordance with AAA procedures from a list of qualified
people maintained by the AAA. All expedited procedures
prescribed by the AAA rules will apply, and each party will
bear their own costs and attorney’s fees.

No discovery will be permitted, except that the parties will
exchange, thirty days prior to the hearing on their dispute,
all documents to be submitted to the arbitrator, including
any reports or summaries, and a list of the names and
addresses of those persons to be called to testify. Following
exchange of this information, the parties may agree to
waive a hearing.

The arbitrator will have authority only to award
compensatory damages and will not have authority to
award punitive damages, lost profits, or other non-
compensatory damages. The arbitrator’s decision and
award will be final and binding, and judgment on the
award rendered by the arbitrator may be entered in any
court with jurisdiction. The arbitrator’s decision must not
contain findings of fact or conclusions of law.

If any party files a judicial or administrative action
asserting a claim that is subject to arbitration and another

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