Warranty Statement
49
2.6 Any specific services or procedures, asked for by Customer, related to verification of repaired
equipment.
ARTICLE 3: OBLIGATIONS OF THE CUSTOMER
Customer hereby assumes the following obligations as partial consideration for Barco performance
of its requirements under the warranty condition; failure by Customer to meet its obligations under
this paragraph shall excuse Barco's performance hereunder:
3.1 Customer shall not expose Barco 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 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 n.v. is entitled not to perform warranty repairs and terminate the warranty
agreement. Any actions that have been taken by Barco n.v. in this respect, may be invoiced to the
Customer at normal pricing.
ARTICLE 4: MODIFICATIONS OR CHANGES TO THE EQUIPMENT
Customer may make additions to the equipment only with explicit written consent of Barco n.v.
Any attempt to do so, voids the warranty.
ARTICLE 5: DISCLAIMER OF WARRANTIES
Barco n.v. disclaims all warranties, expressed or implied, including all implied warranties of
merchantability and fitness for a particular purpose.
ARTICLE 6: LIMITATION OF LIABILITY
Barco n.v. 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 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, mobilization, 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