Barco Coronis Fusion MDCC 6130 - Manual (Page 75)

Warranty Statement
75
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
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