Limited Canada Warranty, For LCD Televisions

Chapter 9: Appendix

Limited Canada Warranty

for LCD Televisions

Toshiba of Canada Limited (“TCL”) makes the following limited warranties to original consumers in Canada. THESE LIMITED WARRANTIES EXTEND TO THE ORIGINAL CONSUMER PURCHASER OR ANY PERSON RECEIVING THIS TOSHIBA BRAND FLAT PANEL TELEVISION (the “TELEVISION(S)” or “Television(s)”) AS A GIFT FROM THE ORIGINAL CONSUMER PURCHASER AND TO NO OTHER PURCHASER OR TRANSFEREE.

TELEVISIONS PURCHASED IN CANADA, AND USED ANYWHERE OUTSIDE OF CANADA INCLUDING, WITHOUT LIMITATION, THE UNITED STATES AND MEXICO, ARE NOT COVERED BY THESE WARRANTIES.

TELEVISIONS PURCHASED ANYWHERE OUTSIDE OF CANADA, INCLUDING, WITHOUT LIMITATION, THE UNITED STATES AND MEXICO, AND USED IN CANADA, ARE NOT COVERED BY THESE WARRANTIES.

Limited One (1) Year Warranty on Parts and Labour

Subject to the more limited warranty if the Television is used for any commercial or business purposes as set out below, TCL warrants the Television and its parts against material defects in materials or workmanship that result in the Television failing for a period of one (1) year after the date of original retail purchase. DURING THIS PERIOD, TCL WILL, AT TCL’S OPTION, REPAIR OR REPLACE A DEFECTIVE PART WITH A NEW OR REFURBISHED PART WITHOUT CHARGE TO YOU FOR PARTS OR LABOUR.

a)FOR TELEVISIONS 32 INCHES OR LESS:

YOU MUST DELIVER THE ENTIRE TELEVISION TO A TCL TELEVISION AUTHORIZED SERVICE PROVIDER (“ASP”). YOU MUST PAY FOR ALL TRANSPORTATION AND INSURANCE CHARGES FOR THE TELEVISION TO AND FROM THE ASP.

b)FOR TELEVISIONS OVER 32 INCHES:

During this period, ASP personnel will come to your home when warranty service is required. Depending on the type of repair required, the service will either be performed in your home or the Television will be taken to an ASP for repair and returned to your home at no cost to you. IN-HOME SERVICE ONLY APPLIES WITHIN 100 KILOMETERS OF AN

ASP. IF YOU ARE NOT WITHIN 100 KILOMETERS OF AN ASP, YOU MUST DELIVER THE ENTIRE TELEVISION TO AN ASP. YOU MUST PAY FOR ALL TRANSPORTATION AND INSURANCE CHARGES FOR THE TELEVISION TO AND FROM THE ASP.

Limited Warranty for Commercial Units

TCL warrants Televisions that are used for any commercial or business purposes as follows: all parts are warranted against material defects in materials or workmanship that result in the Television failing for a period of ninety (90) days after the date of original retail purchase. DURING THIS PERIOD, TCL WILL, AT TCL’S OPTION, REPAIR OR REPLACE THE DEFECTIVE PART WITH A NEW OR REFURBISHED PART WITHOUT CHARGE TO YOU.

c)FOR TELEVISIONS 32 INCHES OR LESS:

YOU MUST DELIVER THE ENTIRE TELEVISION TO AN ASP. YOU MUST PAY FOR ALL TRANSPORTATION AND INSURANCE CHARGES FOR THE TELEVISION TO AND FROM THE ASP.

d)FOR TELEVISIONS OVER OVER 32 INCHES:

During this period, ASP personnel will come on-site when warranty service is required. Depending on the type of repair required, the service will either be performed on-site or the Television will be taken to an ASP for repair and returned at no cost to you. ON-SITE

SERVICE ONLY APPLIES WITHIN 100 KILOMETERS OF AN ASP. IF YOU ARE NOT WITHIN 100 KILOMETERS OF AN ASP, YOU MUST DELIVER THE ENTIRE TELEVISION TO AN ASP. YOU MUST PAY FOR ALL TRANSPORTATION AND INSURANCE CHARGES FOR THE TELEVISION TO AND FROM THE ASP.

Rental Units

The warranty for Television rental units begins with the date of first rental or thirty (30) days from the date of shipment to the rental firm, whichever comes first.

Your Responsibility

THE ABOVE WARRANTIES ARE SUBJECT TO THE FOLLOWING CONDITIONS:

(1)You must provide your bill of sale or other proof of purchase.

(2)All warranty servicing of this Television must be performed by an ASP.

(3)The warranties from TCL are effective only if the Television is (i) purchased as new and unopened from TCL or from TCL’s authorized distributors, dealers or resellers (“ADR’s”) and (ii) located/operated in Canada.

(4)Labour charges for set installation, setup, adjustment of customer controls, and installation or repair of antenna systems are not covered by these warranties. Reception problems caused by inadequate antenna systems are your responsibility.

(5)Warranties extend only to material defects in materials or workmanship as limited above, and do not extend to:

a.Service, repairs or replacement made necessary by accident, misuse, abuse, moisture, liquids, dust, dirt, neglect, accident, damage, 24/7 applications, improper installation, improper operation, improper cleaning, improper maintenance, normal wear and tear, screen burn or image retention caused by prolonged display of static images and/or phosphor aging, or any other external cause or event, act or omission outside the control of TCL, including fire, theft, acts of God, alteration, power failures, power surges or power shortages, lightning, other electrical faults, or repairs, modifications or replacements by persons other than those authorized by TCL to service the Television;

b.Replacement of missing, discarded or lost parts, the provision of retrofits, or preventive maintenance;

c.Repair of damage that is cosmetic only or does not affect the Television functionality, such as wear and tear, scratches and dents;

d.Service on Toshiba-branded accessory items (such accessory items may be covered by their own warranty);

e.Service on third party products or service made necessary by use of incompatible third party products;

f.Service made necessary by the simultaneous use of this Television and connected equipment;

g.Modifications to the Television not approved in writing by TCL, and service made necessary by the use or installation of non-Toshiba modifications to the Television;

h.Service of a Television on which the TOSHIBA label or logo, rating label or serial number have been defaced or removed;

i.On-site service and repair of the Television; and

j.Damage to the Television caused by failure to follow the specifications, User manuals or guides as to usage and/or storage.

Disclaimer and Limitation of Remedy

TO THE EXTENT NOT PRECLUDED BY LAW, ALL OTHER EXPRESS AND IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS FOR THIS TELEVISION, INCLUDING THE IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS 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 APPLICABLE USER GUIDES AND/OR MANUALS. IF YOU FAIL TO DO SO, THIS TELEVISION 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 TELEVISION IS OPENED, SERVICED, OR REPAIRED BY PERSONS OTHER THAN THOSE AUTHORIZED BY TCL TO SERVICE OR REPAIR THE TELEVISION.

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 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 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 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.

Critical Applications

The Television 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 Television failure could lead to injury to persons or loss of life or catastrophic property damage.

IF THE CUSTOMER USES THE TELEVISION 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 TELEVISION 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 TELEVISION AND FURTHER DISCLAIM ANY AND ALL LIABILITY, CONSEQUENCES AND DAMAGES THAT MAY ARISE OR RESULT FROM THE USE OF THE TELEVISION IN ANY CRITICAL APPLICATIONS.

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 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 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 at www.toshiba.ca