Faro Gage, Manual

Page: 85 / 104

B-5
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 Gage’s (“Temporary
Replacements”) while corresponding parts of the Purchaser’s system
or Gage are undergoing repair at FARO’s factory. Shipping charges
for these “Temporary Replacement” parts or Gage’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.
4.08Nothing 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.
4.09Limitation 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 Gage 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.
4.10The 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
08M47E00_FAROGage.book Page 5 Wednesday, June 8, 2011 4:12 PM