Barco Nio Fusion 4MP Getting Started Manual page 43

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Customer hereby assumes the following obligations as partial consideration for BarcoView performance
of its requirements under the warranty condition; failure by Customer to meet its obligations under this
paragraph shall excuse BarcoView's performance hereunder:
3.1 Customer shall not expose BarcoView 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 BarcoView equipment in an environment for which it
was intended. If there is an indication that the equipment was used - even temporary - outside its
specifications, BarcoView is entitled not to perform warranty repairs and terminate the warranty
agreement. Any actions that have been taken by BarcoView 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 BarcoView.
Any attempt to do so, voids the warranty.
ARTICLE 5: DISCLAIMER OF WARRANTIES
Barcoview disclaims all warranties, expressed or implied, including all implied warranties of
merchantability and fitness for a particular purpose.
ARTICLE 6: LIMITATION OF LIABILITY
Barcoview 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 BarcoView
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
BarcoView 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 BarcoView 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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