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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 ANDIOR 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.
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, checked the ''Troubleshooting'' section,
and have visited
support.toshiba.com.
for additional
information, you find that service
is
needed, please
contact
TCl
Customer Support toll free at 1 800 268-
3404. (continued)
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