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Disclaimer and Limitation of Remedy
TO THE EXTENT NOT PRECLUDED BY LAW, ALL OTHER
EXPRESS AND IMPLIED WARRANTIES, CONDITIONS AND
REPRESENTATIONS FOR THIS TELEVISION, INCLUDING THE
IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, ARE HEREBY DISCLAIMED AND EXCLUDED.
IF THE APPLICABLE LAW, STATUTORY OR OTHERWISE,
PRECLUDES THE EXCLUSION OF ANY IMPLIED WARRANTIES,
CONDITIONS AND REPRESENTATIONS THEN SUCH IMPLIED
WARRANTIES, CONDITIONS AND REPRESENTATIONS ARE
OTHERWISE LIMITED IN DURATION TO THE TERM OF THIS
EXPRESS WRITTEN LIMITED WARRANTY. TO THE EXTENT
NOT PRECLUDED BY LAW, STATUTORY OR OTHERWISE, THIS
WRITTEN WARRANTY SUPERCEDES AND SPECIFICALLY
DISCLAIMS ANY OTHER WARRANTY, CONDITION OR
REPRESENTATION NOT STATED IN THIS WARRANTY, WHETHER
MADE BY TCL, TOSHIBA CORPORATION, THEIR AFFILIATES,
ADRs AND ASPs AND WHETHER MADE ORALLY OR IN WRITING
(INCLUDING ANY STATEMENT IN ANY BROCHURE, PRESS
RELEASE, ANNOUNCEMENT, ADVERTISEMENT, POINT OF SALE
DISPLAY, ETC.).
YOU MUST READ AND FOLLOW ALL SET-UP AND USAGE
INSTRUCTIONS IN THE APPLICABLE USER GUIDES AND/OR
MANUALS. IF YOU FAIL TO DO SO, THIS TELEVISION MAY
NOT FUNCTION PROPERLY AND YOU MAY SUFFER DAMAGE.
THIS WARRANTY WILL NOT COVER ANY SERVICE THAT IS
REQUIRED, IN PART OR IN WHOLE, AS A RESULT OF ANY
FAILURE TO FOLLOW THE SET-UP AND USAGE INSTRUCTIONS.
THIS WARRANTY DOES NOT APPLY AND SHALL BE VOID AND
UNENFORCEABLE IF THE TELEVISION IS OPENED, SERVICED,
OR REPAIRED BY PERSONS OTHER THAN THOSE AUTHORIZED
BY TCL TO SERVICE OR REPAIR THE TELEVISION.
IF THE TELEVISION FAILS TO WORK AS WARRANTED ABOVE,
YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE REPAIR OR
REPLACEMENT OF THE DEFECTIVE PART. IN NO EVENT WILL
TCL, TOSHIBA CORPORATION, THEIR AFFILIATES, ADRs OR
ASPs (THE “
RELATED PARTIES
”) BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DAMAGES, MONEY, REIMBURSEMENT,
COSTS OR EXPENSES. THIS LIMITATION APPLIES TO DAMAGES,
MONEY, REIMBURSEMENT, COSTS OR EXPENSES OF ANY KIND
WHATSOEVER INCLUDING ANY DIRECT OR INDIRECT DAMAGES,
DAMAGE TO PROPERTY OR PERSON, LOST PROFITS, LOST
SAVINGS, INCONVENIENCE OR OTHER SPECIAL, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER
FOR BREACH OF WARRANTY, BREACH OF CONTRACT, TORT
(INCLUDING NEGLIGENCE), UNDER A STATUTE OR UNDER ANY
OTHER LAW OR FORM OR ACTION, OR WHETHER ARISING OUT
OF THE USE OF OR INABILITY TO USE THE TELEVISION, EVEN
IF ANY OF THE RELATED PARTIES HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR OF ANY CLAIM BY ANY
OTHER PARTY.
No person, agent, distributor, dealer or company is authorized to
change, modify or extend the terms of these warranties in any manner
whatsoever.
Arbitration and Dispute Resolution
To the extent not precluded by law, any claim, dispute, controversy
or disagreement (whether for breach of warranty, breach of contract,
tort (including negligence), under a statute or under any other law or
form of action) against any of the Related Parties arising out of, or
otherwise relating to: (i) this warranty; (ii) the Television; (iii) any oral
or written representations, statements, brochures, press releases,
advertising, announcement, point of sale display, or promotional
material relating to the Television; (iv) the relationships that result
from this warranty, (the foregoing claims, disputes controversies and
disagreements are collectively referred to as the “Dispute”), shall
be referred to and resolved by
fi
nal and binding arbitration (to the
exclusion of the courts). To the extent not precluded by law, you agree
to waive any right that you may have to commence or participate in
any representative or class proceeding against the Related Parties
relating to any Dispute. If and where applicable and to the extent
not precluded by law, you further agree to opt out of any such
representative or class proceedings.Arbitration of any Dispute will be
conducted in the forum and in the manner as agreed to between you
and TCL. Failing such agreement, the arbitration will be conducted
by one arbitrator pursuant to the laws and rules relating to arbitration
generally in force in the jurisdiction in which you reside at the time
that the Dispute arises. To the extent not precluded by law, no claim,
dispute, controversy or disagreement of any other person may be
joined or combined with any Dispute by you, without the prior written
consent of TCL.
Critical Applications
The Television you have purchased is not designed for any “critical
applications.” “Critical applications” means life support systems,
medical applications, connections to implanted medical devices,
commercial transportation, nuclear facilities or systems or any other
applications where Television failure could lead to injury to persons or
loss of life or catastrophic property damage.
IF THE CUSTOMER USES THE TELEVISION IN ANY CRITICAL
APPLICATION, THE CUSTOMER – AND NOT TCL, ITS AFFILIATES,
ADRs OR ASPs – ASSUME SOLE AND FULL RESPONSIBILITY
FOR SUCH USE. TCL RESERVES THE RIGHT TO REFUSE TO
SERVICE ANY TELEVISION USED IN A CRITICAL APPLICATION.
TCL, ITS AFFILIATES, ADRs AND ASPs HEREBY DISCLAIM ANY
AND ALL LIABILITY, DAMAGES AND CONSEQUENCES ARISING
OUT OF THE SERVICE OR REFUSAL TO SERVICE SUCH
TELEVISION AND FURTHER DISCLAIM ANY AND ALL LIABILITY,
CONSEQUENCES AND DAMAGES THAT MAY ARISE OR
RESULT FROM THE USE OF THE TELEVISION IN ANY CRITICAL
APPLICATIONS.
General Provisions
If and to the extent that any provision of this limited warranty should
generally be found to be unenforceable, the unenforceable provision
shall be severed from the warranty and deemed not to form part
of the warranty. The remaining provisions of this warranty shall
be and remain valid and enforceable. If and to the extent that any
provision of this limited warranty as it relates to any of the Related
Parties is found to be invalid or unenforceable in respect of that
party (the “
Excluded Party
”), the Excluded Party shall be deemed
to be severed or excluded from the provision, and the provision shall
remain valid, enforceable and applicable in respect of the other or
remaining Related Parties.
To the extent permitted by law, this limited warranty shall be governed
and construed in accordance with the laws of Ontario.
If there is any inconsistency between this limited warranty, on the one
hand, and any statement in the packaging of the Television or in any
other document enclosed with, or used in the context of the promotion
or sale of, the Television, on the other hand, the provisions of this
limited warranty shall prevail.
How to Obtain Warranty Services
If, after following all of the operating instructions in this manual and
checking the “Troubleshooting” section, you
fi
nd that service is
needed:
(1) To
fi
nd the nearest ASP, visit TCL’s web site at www.toshiba.ca, or
call toll free 1-800-268-3404
(2) Present your bill of sale or other proof of purchase to the ASP.
For additional information, visit TCL’s website at www.toshiba.ca
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