Bedienungsanleitung Toshiba 65UL610U (Seite 103 von 106) (Englisch)

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Chapter 10: Appendix

THE ABOVE WARRANTIES ARE SUBJECT TO THE

FOLLOWING CONDITIONS:

(1) You must provide your original bill of sale or other proof

of purchase.

(2) The warranties from TCL are effective only if the 3D

glasses were purchased as new and unopened from TCL

or from TCL’s authorized distributors, dealers or resellers

(“ADR’s”) and located/operated in Canada.

(3) Warranties extend only to material defects in material or

workmanship as limited above, and do not extend to:

a. Misuse, abuse, moisture, liquids, dust, dirt, neglect,

accident, damage, 24/7 applications, improper

operation, improper cleaning, improper maintenance,

normal wear and tear or any other external cause or

event, including fire, theft, acts of God, alteration,

power failures, power surges or power shortages,

lightning, other electrical faults, or repairs,

modifications or replacements by persons other than

those authorized by TCL.

b. Replacement of missing discarded or lost parts.

c. The battery for the glasses.

d. Repair of damage that is cosmetic only and does not

affect the functionality of the 3D glasses, such as wear

and tear, scratches and dents.

e. Damage to the 3D glasses caused by failure to follow

the instructions, User manuals or guides as to usage

and /or storage.

f. Damages sustained during the shipping of the 3D

glasses to TCL due to improper packaging.

Disclaimer and Limitation of Remedy

TO THE EXTENT NOT PRECLUDED BY LAW, ALL OTHER

EXPRESS AND IMPLIED WARRANTIES, CONDITIONS AND

REPRESENTATIONS FOR THESE 3D GLASSES, 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,

THESE 3D GLASSES

MAY NOT FUNCTION PROPERLY AND MAY BE DAMAGED

AS A RESULT. THIS WARRANTY WILL NOT COVER ANY

SERVICE THAT IS REQUIRED, IN PART OR IN WHOLE.

THE 3D GLASSES

FAIL TO WORK AS WARRANTED

ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE

THE REPLACEMENT OF THE DEFECTIVE

3D GLASSES

. 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

3D GLASSES

, 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 3D Glasses; (iii) any oral or written

representations, statements, brochures, press releases,

advertising, announcement, point of sale display, or

promotional material relating to the 3D Glasses; (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.

Toshiba 65UL610U Seite 103

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