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Chapter 9: Appendix
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 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.