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Any failures resulting from an accident, negligence (such as but not limited to removing or deleting
system files & licensed software product files), misuse, circuit failure or any change, damage due to
fire, water, thunder or lightning, power failure or fluctuation, disruption of communication lines or due
to force majeure, or any reason foreign to the equipment.
2.9
Any specific services or procedures, asked for by Customer, related to verification of repaired
equipment.
2.10 The evaluation cost in case of a returned product deemed functional is not covered under
warranty and will be charged to the Customer, at Barco’s sole discretion, based on a case-by-case
evaluation.
ARTICLE 3: OBLIGATIONS OF THE CUSTOMER
Customer hereby assumes the following obligations as partial consideration for Barco nv, MID
performance of its requirements under the warranty condition; failure by Customer to meet its
obligations under this paragraph shall excuse Barco nv, MID’s performance hereunder:
3.1
Customer shall not expose Barco nv, MID personnel to any unsafe working conditions.
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, MID equipment in an environment for which it
was intended. If there is an indication that the equipment was used – even temporary – outside its
specifications, Barco nv, MID is entitled not to perform warranty repairs and terminate the warranty
agreement. Any actions that have been taken by Barco nv, MID 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
Warranties 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
replacement 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, MID DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ALL IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ARTICLE 6: LIMITATION OF LIABILITY
BARCO NV, MID 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 PROPERTY OR EQUIPMENT, LOSS OF PROFITS OR
REVENUES, COST OF CAPITAL, COST OF PURCHASE OF REPLACEMENT GOODS, OR CLAIMS OF CUSTOMERS OF
USER FOR SERVICE INTERRUPTIONS. THE LIABILITY OF BARCO NV, MID FOR MANUFACTURING, SALE,
DELIVERY, RESALE, INSTALLATION, OPERATION OR SUITABILITY FOR USE OF ANY PRODUCTS OR SERVICES
COVERED BY OR FURNISHED UNDER THIS WARRANTY CONDITION, WHETHER ARISING OUT OF CONTRACT,
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