47
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 PLAYER 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 PLAYER IS
OPENED, SERVICED, OR REPAIRED BY PERSONS OTHER
THAN THOSE AUTHORIZED BY TCL TO SERVICE OR REPAIR
THE PRODUCT.
IF THE PLAYER 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
OR ADRs (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
PLAYER, 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
Player; (iii) any oral or written representations, statements,
brochures, press releases, advertising, announcement, point of
sale display, or promotional material relating to the Player; (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.
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 Player or in
any other document enclosed with, or used in the context of the
promotion or sale of, the Player, 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 Toshiba Factory 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
theToshiba Factory Service Depot.
For additional information, visit TCL’s website:
www.toshiba.ca
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