TOSHIBA Warranty Information
- June 7, 2024
- Toshiba
Table of Contents
Two (2) Year (the U.S. and select Latin American countries) Standard Limited Warranty (“Limited Warranty”) for Toshiba Branded Data Storage Products
THIS STANDARD LIMITED WARRANTY CONTAINS A MANDATORY AND BINDING ARBITRATION PROVISION IN WHICH YOU AND TOSHIBA AGREE TO RESOLVE ANY DISPUTES BETWEEN THE PARTIES BY BINDING ARBITRATION. PLEASE SEE SECTION TITLED “HOW DO WE RESOLVE DISPUTES” BELOW.
What Does Your Warranty Cover?
Toshiba America Information Systems, Inc. (“Toshiba”) warrants that the
Toshiba branded product you purchased for your end use (“Product”) is free
from defects in materials and workmanship under normal use during the Limited
Warranty Period. This Limited Warranty covers the Product for warranty service
only within the country where the Product was originally purchased and only
covers products purchased as new.
How Long Does This Warranty Last?
Two (2) years after the date of your purchase (“Limited Warranty Period”). The
Limited Warranty Period for the rechargeable battery if included with the
Product is ninety (90) days from the date of your purchase.
What Will Toshiba Do?
If the Product fails to work as warranted, Toshiba will, in its sole
discretion, repair or replace the Product or part with a new or remanufactured
product/part that is at least equivalent to the original Product/ part.
Toshiba will pay for shipment of the replacement Product to you via standard
ground service. In lieu of replacement, Toshiba may, in its sole discretion,
provide a refund or one-time credit for the replacement value of the original
Product, redeemable at the oshibaDirect.com Web site (www.
ToshibaDirect.com). This is your sole and exclusive remedy for breach of
warranty. Replacement parts or products are warranted to be free from defects
in materials and workmanship for thirty (30) days or for the remainder of the
Limited Warranty Period, whichever is longer.
TOSHIBA IS NOT RESPONSIBLE FOR (1) DAMAGE TO OR LOSS OF ANY PROGRAMS, DATA, OR INFORMATION ON THE PRODUCT BEING SERVICED, OR (2) THE RESTORATION OR REINSTALLATION OF ANY PROGRAMS OR DATA OTHER THAN SOFTWARE INSTALLED BY TOSHIBA WHEN THE PRODUCT WAS MANUFACTURED.
What Are Your Obligations?
You must retain the proof of purchase showing price, date, location of
purchase, and Product description which will be required for warranty service
(“Proof of Purchase”). Toshiba strongly recommends you register your Product
either during the initial start-up of the Product or online at the register.
Toshiba. com. Your failure to complete Product Registration will not diminish
your rights under this Limited Warranty.
If applicable, always keep a backup copy of the data on your Product before
sending it in for repair and remove all confidential, proprietary or personal
information.
What Does This Warranty Not Cover?
On-site service/repair or service made necessary due to Product or parts
damaged by accident, misuse, abuse, neglect, improper
installation/maintenance, modifications, fire, theft, acts of God, power
failures, surges or electric shortages, lightning, or repairs by non-Toshiba
authorized service providers, use outside of the environmental or operating
parameters or use with incompatible third party products. Product purchased
“AS-IS” or “with known faults, defects or problems.”
Service of Product on which the TOSHIBA label or logo, rating label, or serial
number have been defaced or removed. Preventive maintenance, cosmetic damage
or wear and tear, or replacement of missing, lost, or discarded parts.
How to Obtain Repair or Replacement Service For A Product Purchased In The
United States?
You may visit the Toshiba Acclaim Web site at www.acclaim.toshiba.com or call
1-888592-0944. On the website, please follow the onscreen instructions and
initiate a claim. You are required to return the defective Product accompanied
by your Proof of Purchase to Toshiba at your expense. When the defective
Product and Proof of Purchase are received by Toshiba, the claim will be
processed. The defective Product returned to Toshiba under this Limited
Warranty shall become the property of Toshiba.
How To Obtain Repair or Replacement Service For A Product Purchased in
select Latin American Countries Where Product is Certified?
Please visit Toshiba’s website at support.toshiba.com for product support and
certification information (if applicable and may vary by product). In lieu of
replacement, Toshiba may, in its sole discretion, refund the purchase price of
the original Product.
What Are Toshiba’s Limitations on Liability And Your Rights Under State
Law?
No Toshiba reseller, agent, or employee is authorized to make any
modification, extension, or addition to this Limited Warranty. If any term is
held to be illegal or unenforceable, the legality or enforceability of the
remaining terms shall not be affected or impaired. This Limited Warranty is
governed by and construed under the laws of the country in which the product
purchase took place.
TOSHIBA EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED IN THIS LIMITED
WARRANTY. ALL OTHER EXPRESS AND IMPLIED WARRANTIES FOR THIS PRODUCT,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE AND/OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY
DISCLAIMED. ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY LAW ARE LIMITED IN
DURATION TO THE TERM OF THIS EXPRESS LIMITED WARRANTY. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY LASTS, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY
TO YOU.
IN NO EVENT WILL TOSHIBA, ITS AFFILIATES OR SUPPLIERS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT.
THIS LIMITATION APPLIES TO DAMAGES OF ANY KIND WHATSOEVER INCLUDING (1)
DAMAGE TO, OR LOSS OR CORRUPTION OF, YOUR RECORDS, PROGRAMS, DATA OR REMOVABLE
STORAGE MEDIA, OR (2) ANY DIRECT OR INDIRECT DAMAGES, LOST PROFITS, LOST
SAVINGS OR OTHER SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES,
WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT OR OTHERWISE, OR WHETHER
ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT AND/OR THE USER
GUIDES AND/OR MANUALS, EVEN IF TOSHIBA, OR AN AUTHORIZED TOSHIBA
REPRESENTATIVE, AUTHORIZED SERVICE PROVIDER OR RESELLER HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES OR OF ANY CLAIM BY ANY OTHER PARTY. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES FOR SOME PRODUCTS, SO THE EXCLUSIONS OR LIMITATIONS MAY
NOT APPLY TO YOU. TOSHIBA, ITS AFFILIATES, AND SUPPLIERS DO NOT WARRANT THAT
OPERATION OF THIS PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE.
This Product 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 product failure could lead to injury
to persons or loss of life or catastrophic property damage. ACCORDINGLY,
TOSHIBA DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF THE USE OF THE PRODUCT
IN ANY CRITICAL APPLICATION. YOU ASSUME FULL RESPONSIBILITY FOR USE OF THE
PRODUCT IN A CRITICAL APPLICATION.
How Do We Resolve Disputes?
We endeavor to resolve customer disputes in a fair and professional manner. In
the unlikely event that we are unable to resolve a dispute, You and Toshiba
agree to resolve any Claims between us only by BINDING ARBITRATION except as
otherwise provided in the “Exceptions” paragraph below. For the purposes of
this How Do We Resolve Dispute Section, references to “Toshiba” means Toshiba
America Information Systems, Inc., its parents, subsidiaries and affiliates,
and each of their officers, directors, employees, agents, beneficiaries,
predecessors in interest, successors, assigns and suppliers, references to
“You” include all those in privity with You, including Your family members,
beneficiaries, and assigns, and references to “Claim” shall include any
dispute, claim or controversy arising from or relating to (1) the Product,
including advertising for the Product, whether based in contract, tort,
statute, regulation, ordinance, fraud, misrepresentation or any other legal or
equitable theory; (2) this Limited Warranty; and (3) the subject of any
purported class action litigation in which you are not a member of a
certified class.
ARBITRATION MEANS THAT YOU AND TOSHIBA ARE EACH WAIVING THE RIGHT TO A JURY
TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
The arbitration will be conducted under the Streamlined Arbitration Rules of
JAMS that are in effect at the time the arbitration is initiated (referred to
as the “JAMS Rules”) and under the rules set forth in this section. The JAMS
Rules are available online at jamsadr.com/rules-streamlined-arbitration. If
there is a conflict between the JAMS Rules and the rules set forth in this
section, the rules set forth in this section will govern. This Dispute
Resolution agreement evidences a transaction in interstate commerce and, thus,
the Federal Arbitration Act governs the interpretation and enforcement of this
provision. The arbitrator is bound by the terms of this Dispute Resolution
Section.
To start an arbitration, You or we must: (1) Write a Demand for Arbitration
(see a copy at jamsadr.com). The Demand must include a description of the
Claim and the number of damages sought to be recovered. You may, in
arbitration, seek any and all remedies otherwise available to You pursuant to
Your state’s law, (2) Send three copies of the Demand, plus the appropriate
filing fee, to JAMS, 500 North State College Blvd., Suite 600, Orange, CA
92868 (1-800-352-5267), and (3) Send
one copy of the Demand to the other party.
Fees/Costs.
After receipt of Your arbitration notice, Toshiba will promptly reimburse
You for Your arbitration filing fee unless You seek more than $75,000 in
damages, in which case, the payment of these fees will be governed by the JAMS
Rules. Except as otherwise provided for herein, Toshiba will pay all JAMS
administration and
arbitrator fees for any arbitration initiated in accordance with the notice
requirements herein. Other fees, such as attorneys’ fees and expenses of
travel to the arbitration, will be paid in accordance with the JAMS Rules. If
the arbitrator finds either the substance of Your Claim or the relief sought
in the demand is frivolous or brought for an improper purpose (as measured by
the standards set forth in Federal Rule of Civil Procedure 11(b)), then the
payment of all fees will be governed by the JAMS Rules. In such a situation,
You agree to reimburse Toshiba for all monies previously disbursed by it that
are otherwise Your obligation to pay under the JAMS Rules. Except as otherwise
provided for herein, we waive any rights we may have under the JAMS Rules to
seek attorneys’ fees and costs from You if we prevail in the arbitration.
Hearings and Location.
If Your claim is for $10,000 or less, You may choose to have the arbitration
conducted solely on the basis of (1) documents submitted to the arbitrator,
(2) through a telephonic hearing, or (3) by an in-person hearing as
established by the JAMS Rules. If Your claim exceeds $10,000, the right to a
hearing will be determined by the JAMS Rules. Any in-person arbitration
hearings will be held at a location in the county (or parish) of Your
residence unless You and we both agree to another location or we agree to a
telephonic arbitration.
Arbitrator’s Decision.
- All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide.
- Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
- The arbitrator’s decision is final and binding on all parties and may be enforced in any federal or state court that has jurisdiction.
- The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
- YOU AND TOSHIBA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and Toshiba agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Accordingly, You and we agree that the JAMS Class Action Procedures do not apply to our arbitration. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution agreement shall be null and void.
Exceptions.
Notwithstanding the foregoing, either party may bring an individual action in
small claims court. The arbitration provision above also does not preclude You
from bringing issues to the attention of federal, state, or local agencies.
Such agencies can, if the law allows, seek relief against us on Your behalf.
© 2015 Toshiba America Information Systems, Inc.
Toshiba America Information Systems, Inc.
Digital Products Division
P.O. Box 19724, Irvine, California 92623-9724
toshiba.com
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