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
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.
59
