iii.difference in color temperature that is lower than the total allowable difference as mentioned in the product specifications
iv.difference in color temperature as a result of not using all displays of a
v.LCD luminance uniformity that is in within the product specifications or luminance uniformity performance that is inherent to LCD technology.
Barco nv, MID does not warrant a minimum life time nor a performance of any of the consumables.
2.6Replacement of moveable parts such as power cords, remote controls, …
2.7Any 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.
2.8Any 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.
2.9Any specific services or procedures, asked for by Customer, related to verification of repaired equipment.
2.10The 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
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:
3.1Customer shall not expose Barco nv, MID personnel to any unsafe working conditions.
3.2Repairs 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.
3.3The 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