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811-SD6191W010
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 DAV PRODUCT 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 DAV
PRODUCT IS OPENED, SERVICED, OR REPAIRED BY
PERSONS OTHER THAN THOSE AUTHORIZED BY TCL TO
SERVICE OR REPAIR THE DAV PRODUCT.
IF THE DAV PRODUCT 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 DAV PRODUCT, 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 DAV Product; (iii) any oral or written
representations, statements, brochures, press releases,
advertising, announcement, point of sale display, or promotional
material relating to the DAV Product; (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.
Critical Applications
The DAV Product 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 DAV Product failure
could lead to injury to persons or loss of life or catastrophic
property damage.
IF THE CUSTOMER USES THE DAV PRODUCT 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 DAV PRODUCT
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
DAV PRODUCT AND FURTHER DISCLAIM ANY AND ALL
LIABILITY, CONSEQUENCES AND DAMAGES THAT MAY
ARISE OR RESULT FROM THE USE OF THE DAV PRODUCT
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.
How to Obtain Warranty Services
If, after following all of the operating instructions in this manual
and checking the “Before Calling Service Personnel” section,
you find that service is needed:
(1) To find 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: www.toshiba.ca
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 DAV
Product or in any other document enclosed with, or used in
the context of the promotion or sale of, the DAV Product, on
the other hand, the provisions of this limited warranty shall
prevail.
