56
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Limited Canadian Warranty
for Toshiba Brand Flat Panel Televisions
Toshiba of Canada Limited (“
TCL
”) makes the following limited warranties to original consumers in Canada.
THESE LIMITED
WARRANTIES EXTEND TO THE ORIGINAL CONSUMER PURCHASER OR ANY PERSON RECEIVING THIS TOSHIBA
BRAND FLAT PANEL TELEVISION (the “TELEVISION(S)” or “Television(s)”) AS A GIFT FROM THE ORIGINAL
CONSUMER PURCHASER AND TO NO OTHER PURCHASER OR TRANSFEREE.
TELEVISIONS PURCHASED IN CANADA, AND USED ANYWHERE OUTSIDE OF CANADA INCLUDING, WITHOUT
LIMITATION, THE UNITED STATES AND MEXICO, ARE NOT COVERED BY THESE WARRANTIES.
TELEVISIONS PURCHASED ANYWHERE OUTSIDE OF CANADA, INCLUDING, WITHOUT LIMITATION, THE UNITED
STATES AND MEXICO, AND USED IN CANADA, ARE NOT COVERED BY THESE WARRANTIES.
Limited One (1) Year Warranty on Parts and Labour
Subject to the more limited warranty if the Television is used for any
commercial or business purposes as set out below, TCL warrants
the Television and its parts against material defects in materials or
workmanship that result in the Television failing for a period of one (1)
year after the date of original retail purchase.
DURING THIS PERIOD,
TCL WILL, AT TCL’S OPTION, REPAIR OR REPLACE A DEFECTIVE
PART WITH A NEW OR REFURBISHED PART WITHOUT CHARGE
TO YOU FOR PARTS OR LABOUR.
(a) FOR TELEVISIONS 32 INCHES OR LESS:
YOU MUST
DELIVER THE ENTIRE TELEVISION TO A TCL TELEVISION
AUTHORIZED SERVICE PROVIDER (“ASP”). YOU MUST PAY
FOR ALL TRANSPORTATION AND INSURANCE CHARGES
FOR THE TELEVISION TO AND FROM THE ASP.
(b) FOR TELEVISIONS OVER 32 INCHES: During this period,
ASP personnel will come to your home when warranty service is
required. Depending on the type of repair required, the service will
either be performed in your home or the Television will be taken
to an ASP for repair and returned to your home at no cost to you.
IN-HOME SERVICE ONLY APPLIES WITHIN 100 KILOMETERS
OF AN ASP. IF YOU ARE NOT WITHIN 100 KILOMETERS OF
AN ASP, YOU MUST DELIVER THE ENTIRE TELEVISION TO
AN ASP. YOU MUST PAY FOR ALL TRANSPORTATION AND
INSURANCE CHARGES FOR THE TELEVISION TO AND FROM
THE ASP.
Limited Warranty for Commercial Units
TCL warrants Televisions that are used for any commercial or business
purposes as follows: all parts are warranted against material defects
in materials or workmanship that result in the Television failing for a
period of ninety (90) days after the date of original retail purchase.
DURING THIS PERIOD, TCL WILL, AT TCL’S OPTION, REPAIR OR
REPLACE THE DEFECTIVE PART WITH A NEW OR REFURBISHED
PART WITHOUT CHARGE TO YOU.
(c) FOR TELEVISIONS 32 INCHES OR LESS:
YOU MUST DELIVER
THE ENTIRE TELEVISION TO AN ASP. YOU MUST PAY FOR
ALL TRANSPORTATION AND INSURANCE CHARGES FOR
THE TELEVISION TO AND FROM THE ASP.
(d) FOR TELEVISIONS OVER OVER 32 INCHES: During this
period, ASP personnel will come on-site when warranty service is
required. Depending on the type of repair required, the service will
either be performed on-site or the Television will be taken to an
ASP for repair and returned at no cost to you.
ON-SITE SERVICE
ONLY APPLIES WITHIN 100 KILOMETERS OF AN ASP. IF
YOU ARE NOT WITHIN 100 KILOMETERS OF AN ASP, YOU
MUST DELIVER THE ENTIRE TELEVISION TO AN ASP. YOU
MUST PAY FOR ALL TRANSPORTATION AND INSURANCE
CHARGES FOR THE TELEVISION TO AND FROM THE ASP.
Rental Units
The warranty for Television rental units begins with the date of rst
rental or thirty (30) days from the date of shipment to the rental rm,
whichever comes rst.
Your Responsibility
THE ABOVE WARRANTIES ARE SUBJECT TO THE FOLLOWING
CONDITIONS:
(1) You must provide your bill of sale or other proof of purchase.
(2) All warranty servicing of this Television must be performed by an
ASP.
(3) The warranties from TCL are effective only if the Television is
(i) purchased as new and unopened from TCL or from TCL’s
authorized distributors, dealers or resellers (“
ADR’s
”) and (ii)
located/operated in Canada.
(4) Labour charges for set installation, setup, adjustment of customer
controls, and installation or repair of antenna systems are not
covered by these warranties. Reception problems caused by
inadequate antenna systems are your responsibility.
(5) Warranties extend only to material defects in materials or
workmanship as limited above, and do not extend to:
a. Service, repairs or replacement made necessary by accident,
misuse, abuse, moisture, liquids, dust, dirt, neglect, accident,
damage, 24/7 applications, improper installation, improper
operation, improper cleaning, improper maintenance, normal wear
and tear, screen burn or image retention caused by prolonged
display of static images and/or phosphor aging, or any other
external cause or event, act or omission outside the control of TCL,
including re, theft, acts of God, alteration, power failures, power
surges or power shortages, lightning, other electrical faults, or
repairs, modi cations or replacements by persons other than those
authorized by TCL to service the Television;
b. Replacement of missing, discarded or lost parts, the provision of
retro ts, or preventive maintenance;
c. Repair of damage that is cosmetic only or does not affect the
Television functionality, such as wear and tear, scratches and
dents;
d. Service on Toshiba-branded accessory items (such accessory
items may be covered by their own warranty);
e. Service on third party products or service made necessary by use
of incompatible third party products;
f. Service made necessary by the simultaneous use of this Television
and connected equipment;
g. Modi cations to the Television not approved in writing by TCL, and
service made necessary by the use or installation of non-Toshiba
modi cations to the Television;
h. Service of a Television on which the TOSHIBA label or logo, rating
label or serial number have been defaced or removed;
i. On-site service and repair of the Television; and
j. Damage to the Television caused by failure to follow the
speci cations, User manuals or guides as to usage and/or storage.
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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 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), 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 nal 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 nd that service is
needed:
(1) To nd 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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