46
Others
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 any 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 any where applicable and to the extent not preculded
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.
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 warrany
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.
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.
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 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:
www.toshiba.ca
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.
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.
