Disclaimer Notice > 4
D
ISCLAIMER
N
OTICE
The following notice sets out the exclusions and limitations of liability of TOSHIBA TEC
CORPORATION (including its employees, agents and sub-contractors) to any purchaser or
user (“User’s”) of e-STUDIO332P/382P, including its accessories, options and bundled
software (“Product”).
1. The exclusion and limitations of liability referred to in this notice shall be effective to
the fullest extent permissible at law. For the avoidance of doubt, nothing in this
notice shall be taken to exclude or limit TOSHIBA TEC CORPORATION’s liability for
death or personal injury caused by TOSHIBA TEC CORPORATION’s negligence or
TOSHIBA TEC CORPORATION’s fraudulent misrepresentation.
2. All warranties, conditions and other terms implied by law are, to the fullest extent
permitted by law, excluded and no such implied warranties are given or apply in
relation to the Products.
3. TOSHIBA TEC CORPORATION shall not be liable for any loss, cost, expense, claim or
damage whatsoever caused by any of the following:
(a) use or handling of the Product otherwise than in accordance with the manuals,
including but not limited to Operator’s Manual, User’s Guide, and/or incorrect or
careless handling or use of the Product;
(b) any cause which prevents the Product from operating or functioning correctly
which arises from or is attributable to either acts, omissions, events or accidents
beyond the reasonable control of TOSHIBA TEC CORPORATION including
without limitation acts of God, war, riot, civil commotion, malicious or deliberate
damage, fire, flood, or storm, natural calamity, earthquakes, abnormal voltage
or other disasters;
(c) additions, modifications, disassembly, transportation, or repairs by any person
other than service technicians authorized by TOSHIBA TEC CORPORATION;
or
(d) use of paper, supplies or parts other than those recommended by TOSHIBA TEC
CORPORATION.
4. Subject to paragraph 1, TOSHIBA TEC CORPORATION shall not be liable to Customer
for:
(a) loss of profits; loss of sales or turnover; loss of or damage to reputation; loss
of production; loss of anticipated savings; loss of goodwill or business
opportunities; loss of customers; loss of, or loss of use of, any software or data;
loss under or in relation to any contract;
or
(b) any special, incidental, consequential or indirect loss or damage, costs,
expenses, financial loss or claims for consequential compensation; whatsoever
and howsoever caused which arise out of or in connection with the Product or
the use or handling of the Product even if TOSHIBA TEC CORPORATION is
advised of the possibility of such damages. TOSHIBA TEC CORPORATION shall
not be liable for any loss, cost, expense, claim or damage caused by any
inability to use (including, but not limited to failure, malfunction, hang-up, virus
infection or other problems) which arises from use of the Product with
hardware, goods or software which TOSHIBA TEC CORPORATION has not
directly or indirectly supplied.
