B-3
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 C: FARO Products Service
.
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 FaroArm and reported to FARO within the
Maintenance/Warranty Period. If the FaroArm 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 FaroArm will be repaired or adjusted to the extent
found by FARO to be necessary or at the option of FARO, replaced with
a new FaroArm 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 FaroArm.
Within a reasonable time of receipt of such notice, FARO shall have the
System and FaroArm diagnosed by its service personnel, and
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