h. Service of a Television on which theTOSHIBA
label or logo, rating label or serial number
have been defaced or removed;
i. Damage to the Television caused by failure
tofollow the specifications, User manuals or
guides asto usage and/or storage.
j. Firmware updates that are posted to the
Toshiba Support website and can be
performed by the end user via a USB stick or
SD card type media.
IDisclaimer and Limitation of Remedy
TOTHE EXTENT NOT PRECLUDED BY LAW, ALL
OTHER EXPRESS AND IMPLIED WARRANTIES,
CONDITIONS AND REPRESENTATIONS
FORTHIS TELEVISION, INCLUDING THE
IMPLIED WARRANTIES, CONDITIONS AND
REPRESENTATIONS OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE,
ARE HEREBY DISCLAIMED AND EXCLUDED.
IFTHE 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 OFTHIS 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 INANY BROCHURE, PRESS RELEASE,
ANNOUNCEMENT, ADVERTISEMENT, POINT OF
SALE DISPLAY, ETC.).
YOU MUST READ AND FOLLOW ALL SET-UP AND
USAGE INSTRUCTIONS INTHE APPLICABLE USER
GUIDES AND/OR MANUALS. IFYOU FAILTO DOSO,
THIS TELEVISION MAY NOT FUNCTION PROPERLY
AND YOU MAY SUFFER DAMAGE. THIS WARRANTY
WILL NOT COVER ANY SERVICE THAT IS REQUIRED,
IN PARTOR IN WHOLE, AS A RESULT OFANY
FAILURE TO FOLLOW THE SET-UP AND USAGE
INSTRUCTIONS. THIS WARRANTY DOES NOTAPPLY
AND SHALL BE VOIDAND UNENFORCEABLE IFTHE
TELEVISION ISOPENED, SERVICED, OR REPAIRED
BYPERSONS OTHER THAN THOSE AUTHORIZED BY
TCL TO SERVICE OR REPAIR THE TELEVISION.
IFTHE TELEVISION FAILSTO WORK AS WARRANTED
ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY
SHALL BE REPAIROR REPLACEMENT OF THE
DEFECTIVE PART IN NO EVENTWILL TCL, TOSHIBA
CORPORATION, THEIR AFFILIATES, ADRs OR ASPs
(THE "RELATED PARTIES") BELIABLE 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
OFCONTRACT, 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 OFTHE 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 IDispnteResolution
Tothe extent not precluded bylaw, any clairn, 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: 0)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).
]b the extent not precluded by law, you agree to waive
any right that you may have to commence or participate
inany 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 inthe manner as agreed
to between you and TCL Failing such agreement, the
arbitration will be conducted byone arbitrator pursuant
tothe 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 bejoined 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 lifesupport 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.
IFTHE CUSTOMER USES THE TELEVISION IN ANY
CRITICAL APPLICATION, THE CUSTOMER AND
NOTTCL, ITS AFFILIATES, ADRs OR ASPs ASSUME
SOLE AND FULL RESPONSIBILITY FOR SUCH USE.
TCL RESERVES THE RIGHT TOREFUSE TO SERVICE
ANY TELEVISION USED INA 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.
GeneralProvisions
Ifand 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 ofthis warranty
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