Toshiba MEG-F60, MEG-F40, MEGF20K, MEGF10S, MEG-F20 160, Arbitration and Dispute Resolution

d.Software, software faults, or software replacement or fixes;

e.Repair or replacement of batteries, covers, plastics, or appearance parts such as interior or exterior finishes or trim;

f.Service on Toshiba-branded accessory items (such accessory items may be covered by their own warranty);

g.Service on third party products or service made necessary by use of incompatible third party products;

h.Service made necessary by the simultaneous use of this Player and connected equipment;

i.Modifications to the Player not approved in writing by TCL, and service made necessary by the use or installation of non-Toshiba modifications to the Player;

j.Service of a Player on which the TOSHIBA label or logo, rating label or serial number have been defaced or removed;

k.On-site service and repair of the Player; and

l.Damage to the Player caused by failure to follow the specifications, User manuals or guides as to usage and/ or storage.

Disclaimer and Limitation of Remedy

TO THE EXTENT NOT PRECLUDED BY LAW, ALL OTHER EXPRESS AND IMPLIED WARRANTIES FOR THIS PRODUCT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED AND EXCLUDED. IF THE APPLICABLE LAW PRECLUDES THE EXCLUSION OF ANY IMPLIED WARRANTIES, THEN SUCH IMPLIED WARRANTIES ARE OTHERWISE LIMITED IN DURATION TO THE TERM OF THIS EXPRESS WRITTEN LIMITED WARRANTY. TO THE EXTENT NOT PRECLUDED BY LAW, THIS WRITTEN WARRANTY SUPERCEDES AND SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY 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 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 PLAYER 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 PLAYER IS OPENED, SERVICED, OR REPAIRED BY PERSONS OTHER THAN THOSE AUTHORIZED BY TCL TO SERVICE OR REPAIR THE PRODUCT.

IF THE PLAYER 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 PLAYER, 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 Player; (iii) any oral or written representations, statements, brochures, press releases, advertising, announcement, point of sale display, or promotional material relating to the Player; (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). To the extent not

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