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Chapter 8: Appendix
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 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 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 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 at
www.toshiba.ca
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