49
Intr
oduction
Connecting y
our
TV
Setting up y
our
TV
Using the
TV’
s Features
Appendix
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
AUTHORIZED SERVICE DEPOTs (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 rule s
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 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 Product failure could lead to injury to persons or
loss of life or catastrophic property damage.
IF THE CUSTOMER USES THE PRODUCT IN ANY CRITICAL
APPLICATION, THE CUSTOMER – AND NOT TCL, ITS AFFILIATES,
ADRs OR AUTHORIZED SERVICE DEPOTs – ASSUME SOLE AND
FULL RESPONSIBILITY FOR SUCH USE. TCL RESERVES THE
RIGHT TO REFUSE TO SERVICE ANY PRODUCT USED IN A
CRITICAL APPLICATION. TCL, ITS AFFILIATES, ADRs AND
AUTHORIZED SERVICE DEPOTs HEREBY DISCLAIM ANY AND
ALL LIABILITY, DAMAGES AND CONSEQUENCES ARISING OUT
OF THE SERVICE OR REFUSAL TO SERVICE SUCH PRODUCT AND
FURTHER DISCLAIM ANY AND ALL LIABILITY, CONSEQUENCES
AND DAMAGES THAT MAY ARISE OR RESULT FROM THE USE OF
THE PRODUCT IN ANY CRITICAL APPLICATIONS.
Limited Canadian Warranty
for Toshiba Brand Plasma Television Models
(continued from previous page)
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 par t 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 Ont ario.
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 TCL Authorized Service Depot, 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
Authorized Service Depot .
For additional information, visit TCL's website:
www.toshiba.ca
Appendix
30A0121A_En_p45-bc
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