General
Provisions
If
and tothe extent that any provision of this limited warranty
shouldgenerally be found to be unenforceable, the
unenforceableprovision shall be severed from the warranty
anddeemed not to form part of the warranty. The remaining
provisionsof this warranty shall be and remain valid and
enforceable.
If
and tothe extent that any provision of this
limitedwarranty as it relates to any of the Related Parties is
foundto be invalid or unenforceable
in
respectof that party
(the"Excluded Party"
),
theExcluded Party shall be deemed
to besevered or excluded from the provision, andthe provision
shall remain valid, enforceableand applicable
in
respectof the
otheror remaining Related Parties.
To
theextent permitted by
law,
this limitedwarranty shall be
governedand construed
in
accordancewith the laws of Ontario.
If
there
is
any inconsistencybetween this limited warranty, on
theone hand, and any statement
in
the packagingof the
DAV
Productor
in
anyother document enclosed with, or used
in
the
contextof the promotion or sale
of,
the
DAV
Product,
on
the
otherhand, the provisions of this limited warranty shall prevail.
How
to
ObtainWarranty Services
If,
afterfollowing
all
ofthe operating instructions
in
this manual
andchecking the "Troubleshooting" section, you find that
serviceis needed:
(1)
To
find the nearest
ASP,
visit
TCl's
website
at
www.toshiba.ca. orcall toll free 1-800-268-3404.
(2)
Presentyour bill of sale or other proof of purchase
to
the
ASP.
Foradditional information, visit
TCl's
website
at
www.toshiba.ca
LIMITED WARRANTY
IF
THE DAVPRODUCT
FAilS
TO
WORK
AS
WARRANTED ABOVE,
YOUR
SOLE AND EXCLUSIVE REMEDY
SHAll
BE
REPAIR
OR
REPLACEMENTOF THE DEFECTIVE
PART.
IN
NO EVENT
Will
TCl,
TOSHIBACORPORATION, THEIR AFFILIATES, ADRs
OR
ASPs
(THE"
RELATEDPARTIES" )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
EXPENSESOF ANY KIND
WHATSOEVER INCLUDINGANY DIRECT
OR
INDIRECTDAMAGES,
DAMAGE
TO
PROPERTY
OR
PERSON, LOSTPROFITS,
lOST
SAVINGS, INCONVENIENCE
OR
OTHER SPECIAL, INCIDENTAL,
EXEMPLARY
OR
CONSEQUENTIALDAMAGES, WHETHER
FOR
BREACH
OF
WARRANTY,
BREACH OF CONTRACT, TORT
(INCLUDING NEGLIGENCE), UNDER ASTATUTE
OR
UNDERANY
OTHER
LAW
OR
FORM
OR
ACTION,
OR
WHETHER ARISING OUT
OF
THE USE
OF
OR
INABILITY
TO
USETHE DAV PRODUCT,
EVEN
IF
ANY OFTHE RELATED
PARTIES
HAS BEEN ADVISED
OF
THE POSSIBILITYOF SUCH DAMAGES
OR
OF
ANYCLAIM
BY
ANY OTHER
PARTY.
Noperson, agent, distributor, dealer or company is authorized to
change, modifyor extend the terms of these warranties
in
any
mannerwhatsoever.
Arbitration
and
Dispute
Resolution
To
theextent not precluded by law, any claim, dispute,
controversyor disagreement (whether for breach of warranty,
breachof contract, tort (including negligence), under astatute
orunder any other law or form of action) against any of the
Related Partiesarising out
of,
orotherwise relating to:
(i)
this
warranty; (ii) the
DAV
Product; (iii) anyoral
or
written representations,
statements, brochures,press releases, advertising, announcement,
pointof sale display, or promotional material relating to the
DAV
Product;
(iv)
therelationships that result from this warranty, (the
foregoingclaims, disputes controversies and disagreements are
collectively referred to
as
the"Dispute"), shall be referred to and
resolved byfinal and binding arbitration (to the exclusion of the
courts).
To
theextent not precluded by law, you agree to waive any
rightthat you may have to commence or participate in any
representativeor class proceeding against the Related Parties
relating toany Dispute.
If
andwhere applicable and to the extent not
precludedby law, you further agree to
opt
outof any such
representative
or
classproceedings. Arbitration of any Dispute will
beconducted in the forum and in the manner as agreed to between
youand TCL. Failing such agreement, the arbitration will be
conducted byone arbitrator pursuant to the laws and rules relating
toarbitration generally in force
in
thejurisdiction
in
whichyou reside
atthe time that the Dispute arises.
To
theextent not precluded by
law,
noclaim, dispute, controversy or disagreement of any other
person maybe joined or combined with any Dispute by you, without
the priorwritten consent of
TCl.
Critical
Applications
The
DAV
Productyou have purchased is not designed for any "critical
applications.""Critical applications" means life support systems,
medicalapplications, connections to implanted medical devices,
commercialtransportation, nuclear facilities or systems
or
anyother
applicationswhere
DAV
Productfailure could lead to injury to persons
orloss of life or catastrophic property damage.
IF
THE CUSTOMER USESTHE
DAV
PRODUCT
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
DAV
PRODUCTUSED
IN
ACRITICALAPPLICATION.
TCl,
ITS
AFFILIATES,
ADRs
AND
ASPs
HEREBY
DISCLAIM
ANY
AND
All
LIABILITY,
DAMAGESAND CONSEQUENCES ARISING OUT
OF
THE
SERVICE
OR
REFUSAL
TO
SERVICE SUCH
DAV
PRODUCTAND
FURTHER DISCLAIM ANYAND
All
LIABILITY,
CONSEQUENCESAND
DAMAGESTHAT
MAY
ARISE
OR
RESULT
FROM
THE
USE
OF
THE
DAV
PRODUCT
IN
ANY CRITICALAPPLICATIONS.
EN
111