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Chapter 10: Appendix
that do not provide for direct and immediate access to the
product for service purposes. 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. 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