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General
Provisions
If
and to the extent that any provision ofthis 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 ofthis
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, enforceableand 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
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
LIMITED WARRANTY
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 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 ofcontract, tort (including negligence), under a statute
or under any other law or form of action) against any ofthe
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 ofany such
representative
or
class proceedings. Arbitration ofany 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 ofany 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, nuclearfacilities or systems
or
any other
applications where
DAV
Product failure could lead to injuryto 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.
EN
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