FARO
®
Laser Scanner Manual
165
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 borne entirely
by the Purchaser. If any disagreement arises as to whether or not damage to
the Product was in fact caused in storage, transit or on installation, the opinion
of FARO’s technical advisors, acting reasonably, shall be conclusive.
3.00 Installation and Operator Training
3.01 The Purchaser shall be responsible for installation of the Product,
including, without limitation, the preparation of its premises, the uncrating of
the Product and setting up of the Product for operation. Purchaser may elect
to order contract services from FARO to perform this service should they elect
to do so.
4.00 Warranties and Limitation of Liability
4.01 FARO warrants that (subject to Section 4.06), the Product shall be free
from defects in workmanship or material affecting the fitness of the Product for
its usual purpose under normal conditions of use, service, and maintenance. A
complete statement of FARO’s maintenance/warranty service is set forth in
Appendix B: “Purchase Conditions“.
4.02 FARO warrants that the Software shall operate according to
specifications and the System shall operate and perform in the manner
contemplated in connection with the usual purpose for which it is designed.
4.03 The maintenance/warranty set out in paragraphs 4.01 shall expire at the
end of the twelve (12) month period commencing on the date of shipment from
the FARO factory (the “Maintenance/Warranty Period”).
4.04 Subject to the limitations contained in Section 4.06, the Warranties shall
apply to any defects found by the Purchaser in the operation of the Focus
Laser Scanner and reported to FARO within the Maintenance/Warranty
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