Toshiba 40SL412U Easy Setup Manual page 8

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
Firmware updates that are posted to the Toshiba Support website and can be
performed by the end user via a USB stick,
Disclaimer and Limitation 01 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, IFTHE 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 OFTHIS 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 EASY SETUP GUIDE, IF YOU
FAil TO DO SO, THIS TELEVISION MAY NOT FUNCTION PROPERLY AND 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 REPAI R 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 ot 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 entorceable, 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 Easy Setup. Guide,
checked the "Troubleshooting" section, and have visited
www.loshlba.ca/supporl
for additional information, you find that service is needed, please contact TCl
Customer Support toll free at 1 800268-3404.
Note
If you want to view the advanced functions available for your TV, you can do so
by visiting following web page,
For USA, http://supporUoshiba,com
Fpr Canada, http//wwwtoshiba ca/support
You may obtain the complete Corresponding GPl and lGPl Source code
from Toshiba fpr a period of three (3) years after our last shipment of this
product by contacting Toshiba Consumer Solutions at (800) 631-3811, There
will be a charge of no more than the cost of physically performing source
distribution of the GPl and lGPl code that we distributed to you in this
product.
TOSHIBA AMERICA INFORMATION SYSTEMS, INC.
Corporate Headquaters: 9740 IRVINE BLVD.; IRVINE, CA 92618 U,SA
Visual Products Service and Support: 1420-B TOSHIBA DRIVE, LEBANON, TN 37087, USA
TOSHIBA OF CANADA LTD.
HEAD OFFICE: 191 McNABB STREET, MARKHAM, ONTARIO, L3R 8H2, CANADA
CableClear, ColorStream, GameTimer, and TheaterWide are registered trademarks of Toshiba America Information Systems, Inc.
Channel Browser, DynaLight, ClearFrame, and SurfLock are trademarks of Toshiba America Information Systems, Inc
REGZA-L1NK is a registered trademark of Toshiba Corporation.
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