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Chapter 9: Appendix
Limited Canada Warranty
for LCD Televisions
Toshiba of Canada Limited (“TCL”) makes the following limited warranties to original consumers
in Canada.
THESE LIMITED WARRANTIES EXTEND TO THE ORIGINAL CONSUMER
PURCHASER OR ANY PERSON RECEIVING THIS TOSHIBA BRAND FLAT PANEL
TELEVISION (the “TELEVISION(S)” or “Television(s)”) AS A GIFT FROM THE ORIGINAL
CONSUMER PURCHASER AND TO NO OTHER PURCHASER OR TRANSFEREE.
TELEVISIONS PURCHASED IN CANADA, AND USED ANYWHERE OUTSIDE OF CANADA
INCLUDING, WITHOUT LIMITATION, THE UNITED STATES AND MEXICO, ARE NOT
COVERED BY THESE WARRANTIES.
TELEVISIONS PURCHASED ANYWHERE OUTSIDE OF CANADA, INCLUDING, WITHOUT
LIMITATION, THE UNITED STATES AND MEXICO, AND USED IN CANADA, ARE NOT
COVERED BY THESE WARRANTIES.
Limited One (1) Year Warranty on Parts and Labour
Subject to the more limited warranty if the Television is used for any commercial or business
purposes as set out below, TCL warrants the Television and its parts against material defects in
materials or workmanship that result in the Television failing for a period of one (1) year after the
date of original retail purchase.
DURING THIS PERIOD, TCL WILL, AT TCL’S OPTION, REPAIR
OR REPLACE A DEFECTIVE PART WITH A NEW OR REFURBISHED PART WITHOUT
CHARGE TO YOU FOR PARTS OR LABOUR.
a) FOR TELEVISIONS 32 INCHES OR LESS:
YOU MUST DELIVER THE ENTIRE TELEVISION TO A TCL TELEVISION AUTHORIZED
SERVICE PROVIDER (“ASP”). YOU MUST PAY FOR ALL TRANSPORTATION AND
INSURANCE CHARGES FOR THE TELEVISION TO AND FROM THE ASP.
b) FOR TELEVISIONS OVER 32 INCHES:
During this period, ASP personnel will come to your home when warranty service is
required. Depending on the type of repair required, the service will either be performed in
your home or the Television will be taken to an ASP for repair and returned to your home at
no cost to you.
IN-HOME SERVICE ONLY APPLIES WITHIN 100 KILOMETERS OF AN
ASP. IF YOU ARE NOT WITHIN 100 KILOMETERS OF AN ASP, YOU MUST DELIVER
THE ENTIRE TELEVISION TO AN ASP. YOU MUST PAY FOR ALL TRANSPORTATION
AND INSURANCE CHARGES FOR THE TELEVISION TO AND FROM THE ASP.
Limited Warranty for Commercial Units
TCL warrants Televisions that are used for any commercial or business purposes as follows: all
parts are warranted against material defects in materials or workmanship that result in the
Television failing for a period of ninety (90) days after the date of original retail purchase. DURING
THIS PERIOD, TCL WILL, AT TCL’S OPTION, REPAIR OR REPLACE THE DEFECTIVE PART WITH
A NEW OR REFURBISHED PART WITHOUT CHARGE TO YOU.
c) FOR TELEVISIONS 32 INCHES OR LESS:
YOU MUST DELIVER THE ENTIRE TELEVISION TO AN ASP. YOU MUST PAY FOR ALL
TRANSPORTATION AND INSURANCE CHARGES FOR THE TELEVISION TO AND
FROM THE ASP.
d) FOR TELEVISIONS OVER OVER 32 INCHES:
During this period, ASP personnel will come on-site when warranty service is required.
Depending on the type of repair required, the service will either be performed on-site or the
Television will be taken to an ASP for repair and returned at no cost to you.
ON-SITE
SERVICE ONLY APPLIES WITHIN 100 KILOMETERS OF AN ASP. IF YOU ARE NOT
WITHIN 100 KILOMETERS OF AN ASP, YOU MUST DELIVER THE ENTIRE
TELEVISION TO AN ASP. YOU MUST PAY FOR ALL TRANSPORTATION AND
INSURANCE CHARGES FOR THE TELEVISION TO AND FROM THE ASP.
Rental Units
The warranty for Television rental units begins with the date of first rental or thirty (30) days from
the date of shipment to the rental firm, whichever comes first.
Your Responsibility
THE ABOVE WARRANTIES ARE SUBJECT TO THE FOLLOWING CONDITIONS:
(1) You must provide your bill of sale or other proof of purchase.
(2) All warranty servicing of this Television must be performed by an ASP.
(3) The warranties from TCL are effective only if the Television is (i) purchased as new and
unopened from TCL or from TCL’s authorized distributors, dealers or resellers (“
ADR’s
”)
and (ii) located/operated in Canada.
(4) Labour charges for set installation, setup, adjustment of customer controls, and installation
or repair of antenna systems are not covered by these warranties. Reception problems
caused by inadequate antenna systems are your responsibility.
(5) Warranties extend only to material defects in materials or workmanship as limited above,
and do not extend to:
a. Service, repairs or replacement made necessary by accident, misuse, abuse, moisture,
liquids, dust, dirt, neglect, accident, damage, 24/7 applications, improper installation,
improper operation, improper cleaning, improper maintenance, normal wear and tear,
screen burn or image retention caused by prolonged display of static images and/or
phosphor aging, or any other external cause or event, act or omission outside the
control of TCL, including fire, theft, acts of God, alteration, power failures, power 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 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 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
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