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 FAROFocus Premium 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:
l The FAROFocus Premium is currently under maintenance/warranty.
l New owner is, or becomes, a certified user.
l A FARO maintenance/warranty transfer form is completed, and submitted to Customer Service.
All claims under the Warranties must originate with the Purchaser, or any subsequent owner, and the
Purchaser will indemnify and save FARO harmless from any claims for breach of warranty asserted
against FARO by any third party.
4.13 Oral representations of FARO or its sales representatives, officers, employees or agents cannot be
relied upon as correctly stating the representations of FARO in connection with the system. Refer to this
purchase order, any exhibits hereto and any written materials supplied by FARO for correct
representations.
FARO
®
Focus Premium Laser Scanner User Manual
Appendix B: Purchase Conditions
FARO Focus Premium (March 2022) Page147of157
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