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Chapter 9: Appendix
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.
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
A copy of the GPL source code in this product
may be obtained by contacting Toshiba Consumer
Solutions at (800)631-3811. There will be a charge to
cover the costs of providing the source code.