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Warranty Statement
75
Any product disassembly and installation costs at the operation site, travel expenses and travel time
to and from the operation site for the personnel in charge of the repair works and transport charges.
2.8
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
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