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Chapter 12: Appendix
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 nal
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, checked the “Troubleshooting” section,
and have visited support.toshiba.com. for additional
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