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35
EN
Limited 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 DAV PRODUCT 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 DAV PRODUCT
IS OPENED, SERVICED, OR REPAIRED BY PERSONS
OTHER THAN THOSE AUTHORIZED BY TCL TO
SERVICE OR REPAIR THE DAV PRODUCT.
IF THE DAV PRODUCT 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 DAV PRODUCT, 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 DAV Product;
(iii) any oral or written representations, statements,
brochures, press releases, advertising, announcement,
point of sale display, or promotional material relating to
the DAV Product; (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 any resolved by fi nal 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 any where applicable and to the extent
not preculded 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 DAV Product 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
DAV Product failure could lead to injury to persons or loss
of life or catastrophic property damage.
IF THE CUSTOMER USES THE DAV PRODUCT 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
DAV PRODUCT 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 DAV PRODUCT
AND FURTHER DISCLAIM ANY AND ALL LIABILITY,
CONSEQUENCES AND DAMAGES THAT MAY ARISE
OR RESULT FROM THE USE OF THE DAV PRODUCT
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 warrany
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 DAV Product or in any other document enclosed with,
or used in the context of the promotion or sale of, the DAV
Product, 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 “Before Calling Service