FARO
®
Laser Scanner Manual
167
these “Temporary Replacement” parts or Focus Laser Scanner’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 Focus
Laser Scanner 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 LIABLE FOR
CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES, WHETHER
THE CLAIM IS FOR BREACH OF WARRANTY, NEGLIGENCE, OR
OTHERWISE.
OTHER THAN THE EXPRESS WARRANTIES HEREIN STATED, FARO
DISCLAIMS ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS.
4.11 FARO does not authorize any person (whether natural or corporate) to
assume for FARO any liability in connection with or with respect to the
Products. No agent or employee of FARO has any authority to make any
representation or promise on behalf of FARO, except as expressly set forth
herein, or to modify the terms or limitations of the Warranties. Verbal
statements are not binding upon FARO.
4.12 The Maintenance/Warranties extend only to the Purchaser and are
transferable, only under the following conditions:
• The Focus Laser Scanner is currently under maintenance/warranty.
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