B-3
2.03Responsibility 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.
3.00Installation and Operator Training
3.01The 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.
4.00Warranties and Limitation of Liability
4.01FARO 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
4.02FARO 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.
4.03The 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”).
4.04Subject 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.
4.05Claims under the Warranties shall be made by delivering written
notice to FARO of the defect in the System, the FaroArm. Within a
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