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Warranty Statement
117
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