Handleiding Toshiba 37AV50U (pagina 52 van 54) (Engels)

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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 “

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 NDER 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), 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

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