h.
Service of a Television
on
which the TOSHIBA
label or logo, rating label or serial number
have been defaced or removed;
i.
Damage to the Television caused by failure
to follow the specifications, User manuals or
guides as to 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
SO
card type media.
Disclaimer
and
Limitation
of
Remedy
TO THE EXTENT NOT PRECLUDED BY
LAW,
ALL
OTHER EXPRESS AND IMPLIED WARRANTIES,
CONDITIONS AND REPRESENTATIONS
FOR THIS TELEVISION, INCLUDING THE
IMPLIED WARRANTIES, CONDITIONS AND
REPRESENTATIONS OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE,
ARE HEREBY DISCLAIMED AND EXCLUDED.
IF
THE 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 OF THIS EXPRESS
WRITIEN
LIMITED WARRANTY. TO THE EXTENT
NOT PRECLUDED BY
LAW,
STATUTORY OR
OTHERWISE, THIS
WRITIEN
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
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 TELEVISION
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
TELEVISION
IS
OPENED, SERVICED,
OR
REPAIRED
BY
PERSONS OTHER THAN THOSE AUTHORIZED
BY
TCl
TO
SERVICE
OR
REPAIR
THE TELEVISION.
IF
THE
TELEVISION
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
TELEVISION,
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 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)
To
the extent not precluded by
law,
you agree to waive
any right that you may have to commence or participate
in
any 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
in
the manner as agreed
to between you and
TCl.
Failing such agreement, the
arbitration will be conducted by one arbitrator pursuant
to the 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
be
joined 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 life support 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.
IF
THE
CUSTOMER
USES
THE TELEVISION
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 TELEVISION USED
IN
A 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.
General
Provisions
If
and 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 of this warranty
69
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