Toshiba BDX1100KC User Manual

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announcement, point of sale display, or promotional material relating to the DAV Product; (iv) the relation-

ships 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.    

The DAV Product 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 DAV Product failure could lead 

to injury to persons or loss of life or catastrophic property damage.

IF THE CUSTOMER USES THE DAV PRODUCT IN ANY CRITICAL APPLICATION, THE CUSTOM-

ER – AND NOT TCL, ITS AFFILIATES, ADRs OR ASPs – ASSUME SOLE AND FULL RESPONSIBIL-

ITY FOR SUCH USE.  TCL RESERVES THE RIGHT TO REFUSE TO SERVICE ANY DAV PRODUCT 

USED IN A CRITICAL APPLICATION.  TCL, ITS AFFILIATES, ADRs AND ASPs HEREBY DIS-

CLAIM ANY AND ALL LIABILITY, DAMAGES AND CONSEQUENCES ARISING OUT OF THE 

SERVICE OR REFUSAL TO SERVICE SUCH DAV PRODUCT AND FURTHER DISCLAIM ANY AND 

ALL LIABILITY, CONSEQUENCES AND DAMAGES THAT MAY ARISE OR RESULT FROM THE 

USE OF THE DAV PRODUCT IN ANY CRITICAL APPLICATIONS.

If and to the extent that any provision of this limited warranty should generally be found to be unenforce-

able, 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 pack-

aging of the DAV Product or in any other document enclosed with, or used in the context of the promotion 

or sale of, the DAV Product, 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, checked the "Troubleshooting" section, 

and have visited www.toshiba.ca/support for additional information, you find that service is needed, please 

contact TCL Customer Support  toll free at 1 800 268-3404.