Samsung SCH-I535MBPVZW User Manual

Page 35

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Warranty Information 30

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 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

VZW_i535_Eng_PSW_.book Page 30 Monday, February 10, 2014 2:15 PM

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