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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
Chapter 7: Appendix
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