Technical information
49
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
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, 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 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, NEGLIGENCE, STRICT TORT,
WARRANTY OR OTHERWISE, SHALL NOT EXCEED THE PRICE OF THE ITEM OR ITEMS OF
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