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Chapter 9: Appendix
surges or power shortages, lightning, other
electrical faults, or repairs, modifications or
replacements by persons other than those
authorized by TCL to service the Television;
b. Replacement of missing, discarded or lost
parts, the provision of retrofits, or preventive
maintenance;
c. Repair of damage that is cosmetic only or
does not affect the Television functionality,
such as wear and tear, scratches and dents;
d. Service on Toshiba-branded accessory items
(such accessory items may be covered by
their own warranty);
e. Service on third party products or service
made necessary by use of incompatible third
party products;
f. Service made necessary by the simultaneous
use of this Television and connected
equipment;
g. Modifications to the Television not approved in
writing by TCL, and service made necessary
by the use or installation of non-Toshiba
modifications to the Television;
h. Service of a Television on which the TOSHIBA
label or logo, rating label or serial number
have been defaced or removed;
i. On-site service and repair of the Television;
and
j. Damage to the Television 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,
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.