B-5
the Purchaser substitute component parts or FaroArm’s
(“Temporary Replacements”) while corresponding parts of the
Purchaser’s system or FaroArm are undergoing repair at FARO’s
factory. Shipping charges for these “Temporary Replacement” parts
or FaroArm’s will be the responsibility of FARO.
c) IF SYSTEM IS NOT UNDER MAINTANENCE/
WARRANTY: The Purchaser is responsible for the cost of the
replacement part or software, and all shipping charges. All charges
shall be estimated and prepaid prior to commencement of repairs.
d) Replacement parts used for repair may be new, refurbished, or
contain refurbished materials.
4.08 Nothing herein contained shall be construed as obligating
FARO to make service, parts, or repairs for any product available after
the expiration of the Maintenance/Warranty Period.
4.09 Limitation of Liability
FARO shall not be responsible under any circumstances for special,
incidental or consequential damages, including, but not limited to,
injury to or death of any operator or other person, damage or loss
resulting from inability to use the System, increased operating costs,
loss of production, loss of anticipated profits, damage to property, or
other special, incidental or consequential damages of any nature arising
from any cause whatsoever whether based in contract, tort (including
negligence), or any other theory of law. FARO’s only liability
hereunder, arising from any cause whatsoever, whether based in
contract, tort (including negligence) or any other theory of law, consists
of the obligation to repair or replace defective components in the
System or FaroArm subject to the limitations set out above in this
section.
This disclaimer of liability for consequential damage extends to any
such special, incidental or consequential damages which may be
suffered by third parties, either caused directly or indirectly resulting
from test results or data produced by the system or any component
thereof and the Purchaser agrees to indemnify and save FARO harmless
from any such claims made by third parties.
4.10 The foregoing shall be FARO’s sole and exclusive liability and
the Purchaser’s sole and exclusive remedy with respect to the system.
THE SOLE RESPONSIBILITY OF FARO UNDER THE
WARRANTIES IS STATED HEREIN AND FARO SHALL NOT BE
08m80e00_FaroArm_Quantum.book Page 5 Tuesday, August 22, 2017 11:03 AM
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