Manual Toshiba 42XV540 (page 72 of 74) (English)

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Chapter 9: Appendix

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 “

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 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.

A copy of the LGPL 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.

This software is based in part on the work of the Independent JPEG

Group.

42XV540U_EN.book Page 72 Thursday, March 6, 2008 11:06 AM

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Toshiba 42XV540 Manual

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