Toshiba 32AV502R User Manual - Page 61
Disclaimer and Limitation of Remedy, Arbitration and Dispute Resolution, Critical Applications - parts
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Chapter 9: Appendix 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. 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. 61