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h. Service of a DAV Product on which the TOSHIBA label or logo, rating label or serial number have
been defaced or removed;
i. Damage to the DAV Product caused by failure to follow the specifications, User manuals or guides as
to usage and/or storage.
j. Firmware updates that are posted to the Toshiba Support website and can be performed by the end
user
Disclaimer and Limitation of Remedy
TO THE EXTENT NOT PRECLUDED BY LAW, ALL OTHER EXPRESS AND IMPLIED WAR-
RANTIES, CONDITIONS AND REPRESENTATIONS FOR THIS DAV PRODUCT, INCLUDING
THE IMPLIED WARRANTIES AND CONDITIONS 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 APPLI-
CABLE 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 SER-
VICE OR REPAIR THE DAV PRODUCT.
IF THE DAV PRODUCT FAILS TO WORK AS WARRANTED ABOVE, YOUR SOLE AND EX-
CLUSIVE REMEDY SHALL BE REPAIR OR REPLACEMENT OF THE DEFECTIVE PART. IN NO
EVENT WILL TCL, TOSHIBA CORPORATION, THEIR AFFILIATES, ADRs OR ASPs (THE "
RE-
LATED 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 CON-
SEQUENTIAL 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 POS-
SIBILITY 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,
