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d. Software, software faults, or software replacement or fixes;
e. Repair or replacement of batteries, covers, plastics, or appearance parts such as interior or exterior finishes or
trim;
f. Service on Toshiba-branded accessory items (such accessory items may be covered by their own warranty);
g. Service on third party products or service made necessary by use of incompatible third party products;
h. Service made necessary by the simultaneous use of this Player and connected equipment;
i. Modifications to the Player not approved in writing by TCL, and service made necessary by the use or
installation of non-Toshiba modifications to the Player;
j. Service of a Player on which the TOSHIBA label or logo, rating label or serial number have been defaced or
removed;
k. On-site service and repair of the Player; and
l. Damage to the Player caused by failure to follow the specifications, User manuals or guides as to usage and/
or storage.
Disclaimer and Limitation of Remedy
TO THE EXTENT NOT PRECLUDED BY LAW, ALL OTHER EXPRESS AND IMPLIED
WARRANTIES FOR THIS PRODUCT, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED
AND EXCLUDED. IF THE APPLICABLE LAW PRECLUDES THE EXCLUSION OF ANY IMPLIED
WARRANTIES, THEN SUCH IMPLIED WARRANTIES ARE OTHERWISE LIMITED IN DURATION
TO THE TERM OF THIS EXPRESS WRITTEN LIMITED WARRANTY. TO THE EXTENT NOT
PRECLUDED BY LAW, THIS WRITTEN WARRANTY SUPERCEDES AND SPECIFICALLY
DISCLAIMS ANY OTHER WARRANTY 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 PLAYER 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 PLAYER IS OPENED, SERVICED, OR REPAIRED BY PERSONS OTHER
THAN THOSE AUTHORIZED BY TCL TO SERVICE OR REPAIR THE PRODUCT.
IF THE PLAYER 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 PLAYER, 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 Player; (iii) any
oral or written representations, statements, brochures, press releases, advertising, announcement, point of sale
display, or promotional material relating to the Player; (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
