Toshiba HD-A3KU Benutzerhandbuch - Seite 47

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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 OR ADRs

(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 ﬁ 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.

General Provisions

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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 Player or in

any other document enclosed with, or used in the context of the

promotion or sale of, the Player, 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 ﬁ nd that service is

needed:

(1) To ﬁ nd the nearest Toshiba Factory Service Depot, 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

theToshiba Factory Service Depot.

For additional information, visit TCL's website:

www.toshiba.ca

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