DISCLAIMER NOTICE
The following notice sets out the exclusions and limitations of liability of TOSHIBA TEC CORPORATION (including its employees, agents and
1The exclusion and limitations of liability referred to in this notice shall be effective to the fullest extent permissible at law. For the avoidance of doubt, nothing in this notice shall be taken to exclude or limit TOSHIBA TEC CORPORATION’s liability for death or personal injury caused by TOSHIBA TEC CORPORATION’s negligence or TOSHIBA TEC CORPORATION‘s fraudulent misrepresentation.
2All warranties, conditions and other terms implied by law are, to the fullest extent permitted by law, excluded and no such implied warranties are given or apply in relation to the Products.
3TOSHIBA TEC CORPORATION shall not be liable for any loss, cost, expense, claim or damage whatsoever caused by any of the following:
(a)use or handling of the Product otherwise than in accordance with the manuals, including but not limited to Operator’s Manual, User‘s Guide, and/or incorrect or careless handling or use of the Product;
(b)any cause which prevents the Product from operating or functioning correctly which arises from or is attributable to either acts, omissions, events or accidents beyond the reasonable control of TOSHIBA TEC CORPORATION including without limitation acts of God, war, riot, civil commotion, malicious or deliberate damage, fire, flood, or storm, natural calamity, earthquakes, abnormal voltage or other disasters;
(c)additions, modifications, disassembly, transportation, or repairs by any person other than service technicians authorized by TOSHIBA TEC CORPORATION; or
(d)use of paper, supplies or parts other than those recommended by TOSHIBA TEC CORPORATION.
4Subject to paragraph 1, TOSHIBA TEC CORPORATION shall not be liable to Customer for:
(a)loss of profits; loss of sales or turnover; loss of or damage to reputation; loss of production; loss of anticipated savings; loss of goodwill or business opportunities; loss of customers; loss of, or loss of use of, any software or data; loss under or in relation to any contract; or
(b)any special, incidental, consequential or indirect loss or damage, costs, expenses, financial loss or claims for consequential compensation;
whatsoever and howsoever caused which arise out of or in connection with the Product or the use or handling of the Product even if TOSHIBA TEC CORPORATION is advised of the possibility of such damages.
TOSHIBA TEC CORPORATION shall not be liable for any loss, cost, expense, claim or damage caused by any inability to use (including, but not limited to failure, malfunction,
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