Samsung SPH-M260ZKABST User Manual

Page 109

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Manufacturer’s Warranty

99

Warranty

SORT; LOSS OF USE, TIME, DATA, REPUTATION,
OPPORTUNITY, GOODWILL, PROFITS OR SAVINGS;
INCONVENIENCE; INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES; OR DAMAGES ARISING FROM THE
USE OR INABILITY TO USE THE PRODUCT. SOME STATES
AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, OR THE DISCLAIMER
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS AND DISCLAIMERS
MAY NOT APPLY TO YOU.

SAMSUNG MAKES NO WARRANTIES OR
REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR
OTHERWISE, AS TO THE QUALITY, CAPABILITIES,
OPERATIONS, PERFORMANCE OR SUITABILITY OF ANY
THIRD-PARTY SOFTWARE OR EQUIPMENT USED IN
CONJUNCTION WITH THE PRODUCT, OR THE ABILITY TO
INTEGRATE ANY SUCH SOFTWARE OR EQUIPMENT WITH
THE PRODUCT, WHETHER SUCH THIRD-PARTY SOFTWARE
OR EQUIPMENT IS INCLUDED WITH THE PRODUCT
DISTRIBUTED BY SAMSUNG OR OTHERWISE.
RESPONSIBILITY FOR THE QUALITY, CAPABILITIES,
OPERATIONS, PERFORMANCE AND SUITABILITY OF ANY
SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT RESTS
SOLELY WITH THE USER 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

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