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_ 50HM67 ENbook Page 69 Tlmrsdav March 29 2007 11:28 AM
YOUMUSTREADANDFOLLOWALL SET-UPAND USAGE
INSTRUCTIONSIN THEAPPLICABLEUSERGUIDESAND/OR
MANUALS.IF YOUFAILTO DOSO, THISTELEVISIONMAYNOT
FUNCTIONPROPERLYAND YOUMAYSUFFERDAMAGE.THIS
WARRANTYWILL NOT COVERANY SERVICETHAT IS REQUIRED,IN
PARTORINWHOLE,AS A RESULTOFANY FAILURETO FOLLOWTHE
SET-UPAND USAGEINSTRUCTIONS.THISWARRANTYDOESNOT
APPLYAND SHALLBE VOIDAND UNENFORCEABLEIFTHE
TELEVISIONISOPENED,SERVICED,OR REPAIREDBY PERSONS
OTHERTHANTHOSEAUTHORIZEDBY TCL TOSERVICEORREPAIR
THE TELEVISION.
IFTHETELEVISIONFAILSTO WORKAS WARRANTEDABOVE,YOUR
SOLEAND EXCLUSIVEREMEDYSHALLBEREPAIROR REPLACEMENT
OFTHE DEFECTIVEPART.IN NO EVENTWILLTCL,TOSHIBA
CORPORATION,THEIRAFFILIATES,ADRs OR ASPs(THE"RELATED
PARTIES")BE LIABLETOYOU OR ANYTHIRDPARTYFORANY
DAMAGES,MONEY,REIMBURSEMENT,COSTSOR EXPENSES.THIS
LIMITATIONAPPLIESTODAMAGES,MONEY,REIMBURSEMENT,
COSTSOR EXPENSESOF ANY KIND WHATSOEVERINCLUDINGANY
DIRECTOR INDIRECTDAMAGES,DAMAGETO PROPERTYOR
PERSON,LOST PROFITS,LOSTSAVINGS,INCONVENIENCEOR
OTHERSPECIAL,INCIDENTAL,EXEMPLARYOR CONSEQUENTIAL
DAMAGES,WHETHERFORBREACHOFWARRANTY,BREACHOF
CONTRACT,TORT(INCLUDINGNEGLIGENCE),UNDERA STATUTEOR
UNDERANYOTHERLAWOR FORMOR ACTION,OR WHETHER
ARISINGOUTOF THE USEOFOR INABILITYTOUSETHETELEVISION,
EVENIF ANY OF THERELATEDPARTIESHAS BEENADVISEDOFTHE
POSSIBILITYOF SUCH DAMAGESOR OFANY CLAIM BYANY 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
CriticalApplications
The Televisionyou have purchasedis not designed for any "critical
applications." "Criticalapplications" meanslife support systems,medical
applications, connectionsto implanted medical devices, commercial
transportation,nuclear facilities or systemsor any other applications
where Televisionfailure could leadto injuryto personsor loss of life or
catastrophic property damage.
IFTHECUSTOMERUSESTHETELEVISIONIN ANY CRITICAL
APPLICATION,THE CUSTOMER- AND NOTTCL, ITSAFFILIATES,ADRs
OR ASPs-ASSUMESOLEAND FULLRESPONSIBILITYFORSUCHUSE.
TCL RESERVESTHE RIGHTTO REFUSETO SERVICEANYTELEVISION
USEDINA CRITICALAPPLICATION.TCL, ITSAFFILIATES,ADRsAND
ASPs HEREBYDISCLAIMANYAND ALL LIABILITY,DAMAGESAND
CONSEQUENCESARISINGOUT OF THESERVICEOR REFUSALTO
SERVICESUCHTELEVISIONAND FURTHERDISCLAIMANY AND ALL
LIABILITY,CONSEQUENCESAND DAMAGESTHATMAYARISEOR
RESULTFROMTHE USEOF THETELEVISIONIN 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
6g
HM67 (E/F) Web 213:27(
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