Faro Focus Premium - Page 152

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 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
Purchase Conditions on the previous page.
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 FAROFocus Premium and reported to FARO within the
FARO
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Focus Premium Laser Scanner User Manual
Appendix B: Purchase Conditions
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