Warranty Information 198What is the procedure for resolving disputes?ALL DISPUTES WITH SAMSUNG ARISING IN ANY WAY FROMTHIS LIMITED WARRANTY OR THE SALE, CONDITION ORPERFORMANCE OF THE PRODUCTS SHALL BE RESOLVEDEXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION,AND NOT BY A COURT OR JURY.Any such dispute shall not be combined or consolidated witha dispute involving any other person’s or entity’s Product orclaim, and specifically, without limitation of the foregoing,shall not under any circumstances proceed as part of a classaction. The arbitration shall be conducted before a singlearbitrator, whose award may not exceed, in form or amount,the relief allowed by the applicable law. The arbitration shallbe conducted according to the American ArbitrationAssociation (AAA) Commercial Arbitration Rules applicable toconsumer disputes. This arbitration provision is enteredpursuant to the Federal Arbitration Act. The laws of the Stateof Texas, without reference to its choice of laws principles,shall govern the interpretation of the Limited Warranty and alldisputes that are subject to this arbitration provision. Thearbitrator shall decide all issues of interpretation andapplication of this arbitration provision and the LimitedWarranty.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 youprevail, award your reasonable attorney fees, expert witnessfees and costs as part of any award, but may not grantSAMSUNG its attorney fees, expert witness fees or costsunless it is determined that the claim was brought in badfaith. In a Small Claim case, you shall be required to pay nomore than half of the total administrative, facility andarbitrator fees, or $50.00 of such fees, whichever is less, andSAMSUNG shall pay the remainder of such fees.Administrative, facility and arbitrator fees for arbitrations inwhich your total damage claims, exclusive of attorney feesand expert witness fees, exceed $5,000.00 (“Large Claim”)shall be determined according to AAA rules. In a Large Claimcase, the arbitrator may grant to the prevailing party, orapportion among the parties, reasonable attorney fees,expert witness fees and costs. Judgment may be entered onthe arbitrator’s award in any court of competent jurisdiction.This arbitration provision also applies to claims againstSAMSUNG’s employees, representatives and affiliates if anysuch claim arises from the Product’s sale, condition orperformance.
