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Chapter 10: Appendix
THE ABOVE WARRANTIES ARE SUBJECT TO THE
FOLLOWING CONDITIONS:
(1) You must provide your original bill of sale or other proof
of purchase.
(2) The warranties from TCL are effective only if the 3D
glasses were purchased as new and unopened from TCL
or from TCL’s authorized distributors, dealers or resellers
(“ADR’s”) and located/operated in Canada.
(3) Warranties extend only to material defects in material or
workmanship as limited above, and do not extend to:
a. Misuse, abuse, moisture, liquids, dust, dirt, neglect,
accident, damage, 24/7 applications, improper
operation, improper cleaning, improper maintenance,
normal wear and tear or any other external cause or
event, including fire, theft, acts of God, alteration,
power failures, power surges or power shortages,
lightning, other electrical faults, or repairs,
modifications or replacements by persons other than
those authorized by TCL.
b. Replacement of missing discarded or lost parts.
c. The battery for the glasses.
d. Repair of damage that is cosmetic only and does not
affect the functionality of the 3D glasses, such as wear
and tear, scratches and dents.
e. Damage to the 3D glasses caused by failure to follow
the instructions, User manuals or guides as to usage
and /or storage.
f. Damages sustained during the shipping of the 3D
glasses to TCL due to improper packaging.
Disclaimer an
d
Limitation of Reme
d
y
TO THE EXTENT NOT PRECLUDED BY LAW, ALL OTHER
EXPRESS AND IMPLIED WARRANTIES, CONDITIONS AND
REPRESENTATIONS FOR THESE 3D GLASSES, 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,
THESE 3D GLASSES
MAY NOT FUNCTION PROPERLY AND MAY BE DAMAGED
AS A RESULT. THIS WARRANTY WILL NOT COVER ANY
SERVICE THAT IS REQUIRED, IN PART OR IN WHOLE.
IF
THE 3D GLASSES
FAIL TO WORK AS WARRANTED
ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE
THE REPLACEMENT OF THE DEFECTIVE
3D GLASSES
. IN
NO EVENT WILL TCL, TOSHIBA CORPORATION, THEIR
AFFILIATES OR ADRs (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
3D GLASSES
, 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 an
d
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 3D Glasses; (iii) any oral or written
representations, statements, brochures, press releases,
advertising, announcement, point of sale display, or
promotional material relating to the 3D Glasses; (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 final 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.
