77
Other
Disclaimer and Limitation of Remedy
TO THE EXTENT PERMITTED BY LAW, ALL OTHER
EXPRESS AND IMPLIED WARRANTIES, CONDITIONS
AND REPRESENTATIONS FOR THIS PRODUCT,
INCLUDING THE IMPLIED WARRANTIES, CONDITIONS
AND REPRESENTATIONS OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY
DISCLAIMED AND EXCLUDED. IF THE APPLICABLE
LAW 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, ITS AFFILIATES, ADRs
AND ASPs, 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 PLAYER.
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, ADRs OR ASDs (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
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2010/01/22 10:21:11
