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Samsung SM-T217AZKAATT User Manual

Page 39

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Warranty Information 34

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 case, the arbitrator may grant to the
prevailing party, or apportion among the parties,
reasonable attorney fees, expert witness fees and costs.
Judgment may be entered on the arbitrator’s award in any
court of competent jurisdiction.

This arbitration provision also applies to claims against
SAMSUNG’s employees, representatives and affiliates if
any such claim arises from the Product’s sale, condition or
performance.

You may opt out of this dispute resolution procedure by
providing notice to SAMSUNG no later than 30 calendar days
from the date of the first consumer purchaser’s purchase of
the Product. To opt out, you must send notice by e-mail to
[email protected], with the subject line:
“Arbitration Opt Out.” You must include in the opt out e-mail