B-2
payment of the purchase price causing the entire balance to
immediately become due and payable in full).
f) Customer will be charged a 20% restocking fee for refusal to
accept equipment as delivered. Equipment must be returned
unopened within 10 business days of receipt at customer facility.
1.04 If Purchaser fails to make payment(s) in accordance with the
terms of this Order, the Purchaser’s Products may be rendered
inoperable until such payment terms are met.
No waiver by FARO of its rights under these conditions shall be deemed
to constitute a waiver of subsequent breaches or defaults by the
Purchaser. In the event more than one Product is being purchased
pursuant to the Order, unless otherwise set forth herein, each payment
received by FARO from Purchaser shall be applied pro rata against the
cost of each product rather than being applied to the purchase price of
any product.
2.00 Delivery and Transportation
2.01 Delivery dates are estimates and not guarantees, and are based
upon conditions at the time such estimate is given.
2.02 FARO shall not be liable for any loss or damage, whether
direct, indirect or consequential, resulting from late delivery of the
Product. The Purchaser’s sole remedy, if the Product is not delivered
within 90 days of the estimated delivery date, shall be to cancel the
Order and to recover from FARO without interest or penalty, the amount
of the down-payment or deposit and any other part of the purchase price
which has been paid by the Purchaser. Notwithstanding the foregoing,
such right of cancellation shall not extend to situations where late
delivery is occasioned by causes beyond FARO’s control, including,
without limitation, compliance with any rules, regulations, orders or
instructions of any federal, state, county, municipal or other government
or any department or agency thereof, force majuere, acts or omissions of
the Purchaser, acts of civil or military authorities, embargoes, war or
insurrection, labor interruption through strike or walkout, transportation
delays and other inability resulting from causes beyond FARO’s control
to obtain necessary labor, manufacturing facilities or materials from its
usual sources. Any delays resulting from such causes shall extend
estimated delivery dates by the length of such delay.
2.03 Responsibility for all costs and risks in any way connected
with the storage, transportation and installation of the Product shall be
08m80e00_FaroArm_Quantum.book Page 2 Tuesday, August 22, 2017 11:03 AM
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