17
DISCLAIMER NOTICE
The following notice sets out the exclusions and limitations of liability of TOSHIBA TEC CORPORATION
(including its employees, agents and sub-contractors) to any purchaser or user (‘User’) of the e-
STUDIO350/450, including its accessories, options and bundled software (‘Product’).
1 The 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.
2 All 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.
3 TOSHIBA 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.
4 Subject 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, hang-up, virus infection or other
problems) which arises from use of the Product with hardware, goods or software which TOSHIBA TEC
CORPORATION has not directly or indirectly supplied