FARO
®
Laser Scanner Manual
157
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 Period. If the Focus Laser Scanner or the Software is found by FARO, acting
reasonably, to be defective, and if the defect is acknowledged by FARO to be the result of FARO’s faulty
material or workmanship, the Focus Laser Scanner will be repaired or adjusted to the extent found by
FARO to be necessary or at the option of FARO, replaced with a new Focus Laser Scanner or parts
thereof at no cost to the Purchaser.
4.05 Claims under the Warranties shall be made by delivering written notice to FARO of the defect in the
System, the Focus Laser Scanner. Within a reasonable time of receipt of such notice, FARO shall have
the System and Focus Laser Scanner diagnosed by its service personnel, and maintenance/warranty
service will be provided at no cost to the Purchaser if the System and Focus Laser Scanner is found by
FARO to be defective within the meaning of this Section.
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