that do not provide for direct and immediate access to the product for service purposes. 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.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
