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Chapter 9: Appendix
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. 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
SD 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
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 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.