Faro FocusM 70, Manual

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FARO
®
Laser Scanner Manual
158
(If, in the reasonable opinion of FARO after diagnosis of the system and the Focus Laser Scanner are
not defective, the Purchaser shall pay the cost of service, which shall be the amount that FARO would
otherwise charge for an evaluation under a non-warranty service evaluation.
4.06 The Warranties do not apply to:
a) Any defects in any component of a System where, if in the reasonable opinion of FARO, the Focus
Laser Scanner, Software or System has been improperly stored, installed, operated, or maintained,
or if Purchaser has permitted unauthorized modifications, additions, adjustments and/or repair to any
hard drive structure or content, or any other part of the System, or which might affect the System, or
defects caused or repairs required as a result of causes external to FARO workmanship or the
materials used by FARO. As used herein, “unauthorized” means that which has not been approved
and permitted by FARO.
b) The Warranties shall not cover replacement of expendable items, including, but not limited to,
fuses, diskettes, printer paper, printer ink, printing heads, disk cleaning materials, or similar items.
c) The Warranties shall not cover minor preventive and corrective maintenance, including, but not
limited to, replacement of fuses, disk drive head cleaning, fan filter cleaning and system clock battery
replacement.
d) Any equipment or its components which was sold or transferred to any party other than the original
Purchaser without the expressed written consent of FARO.
4.07 Factory Repairs
a) IF SYSTEM IS UNDER MAINTANENCE/WARRANTY: The Purchaser agrees to ship the Product
to FARO in the original packing containers. FARO will return the repaired or replacement Product.
FARO will incur the expense of the needed part and all return shipping charges to the Purchaser.
FARO may authorize the manufacturer of a component of the Product to perform the service.
b) IF SYSTEM IS UNDER PREMIUM SERVICE PLAN: When practical and subject to availability,
FARO will make available to the Purchaser substitute component parts or Focus Laser Scanner’s
(“Temporary Replacements”) while corresponding parts of the Purchaser’s system or Focus Laser
Scanner are undergoing repair at FARO’s factory. Shipping charges for 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.
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.