Toshiba REGZA 46SV670U Owner's Manual page 80

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
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 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
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Chapter 9: Appendix
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.