Chapter 9: Appendix
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
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
(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
78