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Warranty Statement
76
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 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 performance by one party of
his obligations.
ARTICLE 8: GENERAL
8.1
Customer acknowledges its understanding that all software and electronic devices, including Barco
nv, MID 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, MID shall not be responsible for machine failure and/or its failure to render service or
maintenance due to causes beyond its reasonable control.