Toshiba D-VR610KU - Manual (Page 111)

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 connpany 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 DAV Product; (iii) any oral or written representations,
statements, brochures, press releases, advertising, announcement,
point of sale display, or promotional material relating to the DAV
Product; (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 DAV Product 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 DAV Product failure could lead to injury to persons
or loss of life or catastrophic property damage.
IF THE CUSTOMER USES THE DAV PRODUCT 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 DAV PRODUCT 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 DAV PRODUCT AND
FURTHER DISCLAIM ANY AND ALL LIABILITY, CONSEQUENCES AND
DAMAGES THAT MAY ARISE OR RESULT FROM THE USE OF THE
DAV PRODUCT 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 DAV
Product or in any other document enclosed with, or used in the
context of the promotion or sale of, the DAV Product, 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 ASR 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
ASR
For additional information, visit TCL's website at www.toshiba.ca
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