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22 Disclaimer Notice
Disclaimer Notice
The following notice sets out the exclusions and limitations of liability of TOSHIBA TEC CORPO-
RATION (including its employees, agents and sub-contractors) to any purchaser or user (‘User’)
of the e-STUDIO165/205, 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 full-
est 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 CORPORA-
TION’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 Prod-
ucts.
3. TOSHIBA TEC CORPORATION shall not be liable for any loss, cost, expense, claim or dam-
age 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 rea-
sonable 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 COR-
PORATION.
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 produc-
tion; loss of anticipated savings; loss of goodwill or business opportunities; loss of custom-
ers; 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, finan-
cial 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 dam-
age 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.