component have anything to do with the warranty and i asked that question in so far as a consumer should have here is why would they have notice of the alternative dispute resolution related to the warranty on some other subject that it would apply to a different something separate maybe we should take a step back there's a definition i mean there is a definition of what a warranty is under the new jersey law that is if it was yes yes and that's in the statutes in new jersey statute twelve eight to dash three  thirteen etc etc and it says any affirmation of fact or a promise made by the seller to the buyer which relates to the goods that's a statutory definition is there anything in there that talks about a promise from the buyer to the seller a and it's many pages within the warranty in response to sort of questions the consumer would look at why would a consumer believe that within the context of a warranty section that the arbitration clause included and that i want to use contractual nature the first page of the stock and instructs consumers to please read it before they use the product the second page includes provisions of license provisions that have nothing to do with authority the third page says the consumer  indicated are small pages with their i assume they are small pages so the size is conducive to placement within the packaging is that right that's correct so there are necessarily a greater number of pages to cover the subject matter than there would be with a package three feet by three feet presumably that's absolutely right yes all right and what about the size of the farm the reasonable consumer who got three copies of the warranty sued for breach expressed warranty was actively interested in a battery problem which is discussed in that document when you when you see this this hasn't really been presented in this context before it was presented in the northern agreement or a contract is or is the sizes concern the paper she does constrain the producer and the text  publisher at least as to that quality is it not yes so it's not just the size and it's not just the number of pages that's a problem here it's the fact that there's nothing on the packaging there's nothing on the cover there's nothing on the next page there's nothing in the paper of contents if not there's nothing in the index and then there are hundred forty three pages of small text and the first ninety yes they're like these are we and we're familiar with what the document looks like and the number of pages of between the covers the end where the arbitration clause is but your client relies on warranty provisions as part of his cause of action date and why is it that the client should be able to rely on some of the a warranty contains that discusses the condition of the product and the limitations on when they can get that product prepared big never think it was waiting their right to sue in court and other claims and the second reason is notice of a warranty is not notice of any contractual agreement or terms because we will be speaking a warranty is different than a contract in groton versus cadillac motor which is a new jersey supreme court case cited in our preferred page twenty four that discusses the new jersey requirements for creation of an express warranty there is no discussion of off or acceptance consideration in any of the classic contract requirements and  no that term is not a warranty christening it could be in a document that's called going to bed long as there's a reasonable notice and a realistic opportunity for the purchaser to recognize that there's also a bilateral contract turn in a document that may be called the warranty i just is a contract was part of the talking about whether there's a notice and one way there could be if it was a document that was called an agreement somebody a product rather just another factor that shows another reason he wouldn't expect to find this term in there without something else pointing to it i'm not sure that i mean at the get go i thought you had agreed t cent if he doesn't have any notice of us in the first place and i think another point that sure we'll be getting at is another reason that reason roll purchaser would not expect this type of turn in a warranty i mean stamp and it's kind of the way it's set up recognizes that this arbitration provision is different than a warranty because it does provide this opt out where as the warranty provision doesn't have anything like that moving is the simplest stuff that samsung could have taken here with regard to placing pro for the purpose of putting the consumer on the use of the packaging or bind yourself to so is that how we make sure we're not treating arbitration causes different than other contractual causes because we're we can't ignore concepts you know not special care right right right so this set so if we accept that your opponents argument is there was no notice here you know you're not in a really good position to say that there's no there's no basis for that argument at least agreed on that right there has to be a notice that  was so then the question is what notice is good enough notice your assertion is there doesn't have to be anything in the table of contents it doesn't have to be anything in the index or doesn't have to be anything on the title page there doesn't have to be anything to point the way at all as long as it's somewhere in the document no matter how wrong the matter mean on your theory this could be the phone book and officials up on page three hundred eighty eight insufficient size font it's in there and it's good enough an receive a contract you are bound by its terms and there are a number of cases it's a bad extends to warranties that that sort or it may be the case but i guess we're talking past each other that that in the shrinkwrap world a person is on constructive notice of of certain things to which their attention is directed but i get the feeling that we slipped back i th matter of semantics there is nothing in the word rhymes he that would suggest some kind of similarity or that the term is synon is that the use of the word were t should be enough to point someone to or even cause them to conclude that