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 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.
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