Toshiba SDP95SWN Owners Manual - Page 77

Arbitration and Dispute Resolution

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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 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, 77 Other 4%148/@&@JOEE

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77
Other
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 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,
SDP95SWN_E_53-80.indd 77
SDP95SWN_E_53-80.indd
77
2011/02/01 11:17:10
2011/02/01
11:17:10