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6. Important information
3.2 Repairs to equipment under warranty resulting from improper maintenance or repair performed by the
Customer, or its officers, agents, employees, or representatives, shall be borne by the Customer at its
additional cost and expense.
3.3 The Customer is responsible for installing the Barco nv, HC equipment in an environment for which it
was intended. If there is an indication that the equipment was used – even temporary – outside its speci-
fications, Barco nv, HC is entitled not to perform warranty repairs and terminate the warranty agreement.
Any actions that have been taken by Barco nv, HC in this respect, may be invoiced to the Customer at
normal pricing.
Article 4: Remedies under warranty
(a) Hardware: If during the Warranty Period a Product or any part thereof, fails to meet any of the Wa
r-
ranties then, upon Customer’s request, Barco shall, at its sole option and cost, promptly and within 20
working days, either: (i) repair or correct the Product or part in question; or (ii) replace the Product or
supply part(s) or component(s) according to the terms and conditions contained in article 1. A replace-
ment part shall be at least functionally equivalent to the original part. The replaced Product, parts and/or
components shall become the property of Barco and shall, at Barco’s request, be returned by Customer
to Barco at Barco’s cost.
(b) Software: Barco’s sole obligation shall be to rectify substantial malfunctions of the software (to the
extent technically reasonably possible) by amending the software or supplying an alternative version of
the software.
(c) The repair or replacement under the Warranties covers the cost of material and labor.
Article 5: Disclaimer of warranties
BARCO NV, HC DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ALL IMPLIED
WARRANTIES O F MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Article 6: Limitation o f liability
The remedies specified in these Terms and Conditions shall constitute Customer’s sole and exclusive
remedy and Barco’s sole and exclusive liability for Barco’s breach of the Warranties hereunder.
BARCO NV, HC SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO CUSTOMER OR ANY
THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES,
SUCH AS BUT NOT LIMITED TO, DAMAGE TO OR LOSS OF TANGIBLE OR INTANGIBLE PROP-
ERTY OR EQUIPMENT, LOSS OF PROFITS OR REVENUES, COST OF CAPITAL, COST OF PUR-
CHASE OF REPLACEMENT GOODS, OR CLAIMS OF USER FOR SE RVICE INTERRUPTIONS. THE
LIABILITY OF BARCO NV, HC FOR MANUFACTURING, SALE, DELIVERY, RESALE, INSTALLATION,
OPERATION OR SUITABILITY FOR USE OF ANY PRODUCTS OR SERVICES COVERED BY OR FUR-
NISHED UNDER THIS WARRANTY CONDITION, WHETHER ARISING OUT OF CONTRACT, NEGLI-
GENCE, STRICT TORT, WARRANTY OR OTHERWISE, SHALL NOT EXCEED T HE PRICE O F THE
ITEM OR ITEMS OF GOODS OR SERVICES UPON WHICH SUCH LIABILITY IS BASED.
Article 7: Force majeure
Either party shall be released from performance of its obligations under this agreement to the extent, and
for so long as, the performance of this agreement is impeded by reason of force majeure. For the purposes
of this clause the expression "force majeure" means, but shall not be limited to, industrial dispute, fire,
mobilisation, requisition, embargo, currency transfer prohibitions, insurrection, lack of means of transport,
restrictions of the use of energy, and generally any circumstances which are beyond the control of the
parties and hinder performanc
e by one party of his obligations.
Article8: General
8.1 Customer acknowledges its understanding that all software and electronic devices, including Barco nv,
HC products are subject to possible error, mechanical or electrical failure, and should not be relied upon
in inappropriate applications or without proper backup and/or other safety precautions whenever personal
injury or property damage may result from failure or error of the product.
8.2 Barco nv, HC shall not be responsible for machine failure and/or its failure to render service or main-
tenance due to causes beyond
its reasonable control.
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(451920610993)K5903021 MDSC-2226 01/03/2013