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Chapter 9: Appendix
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
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
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 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.