Disclaimer
and
Limitation
01
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 WRITTEN LIMITED WARRANTY. TO THE EXTENT
NOT PRECLUDED BY
lAW,
STATUTORY OR OTHERWISE, THIS
WRITTEN 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
ERSON,
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,
VEN
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 and negligent and/or fraudulent
misrepresentation), 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
shall be and remain valid and enforceable.
If
and to the extent
that any provision of this limited warranty as
it
relates to any of the
Related Parties
is
found to be invalid or unenforceable
in
respect
of that party (the "Excluded Party") the Excluded Party shall be
deemed to be severed or excluded from the provision and the
provision shall remain valid enforceable and applicable
in
respect
of the other or remaining Related Parties
To
the extent permitted by law, this limited warranty shall be
governed and construed
in
accordance with the laws of Ontario.
If
there
is
any inconsistency between this limited warranty,
on
the
one hand, and any statement
in
the packaging of the Television
or
in
any other document enclosed with, or used
in
the context
of the promotion or sale
of,
the Television, on the other hand, the
provisions of this limited warranty shall prevail.
How
to
Obtain
Warranty
Services
If,
after following all of the operating instructions
in
this manual and
checking the "Troubleshooting" section, you find that service is
needed:
(1)
To
find the nearest
ASP,
visit TCl's web site
at
www.toshiba.ca.
or
call
toll
free 1-800-268-3404
(2) Present your bill of sale or other proof of purchase to the ASP
For additional information, visit
TCl's
website at
www.toshiba.ca
To Next Page
Loading...
