Barco MVGD 1319, Installation & User Manual

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Warranty Statement
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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
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 CUSTOMERS 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 BE LIMITED TO THE REPAIR OR REPLACEMENT
OF THE PRODUCT OR ANY PART THEREOF WHICH SHALL BE AT CUSTOMER'S SOLE OPTION AND COST.
BARCO’S LIABILITY 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