B-2
c) the right to withhold all services which would otherwise be
required to be provided by FARO pursuant to the Warranties set out
in Section 4.00 Warranties and Limitation of Liability hereof;
d) terminate any existing software license agreement and
e) pursue any other available remedy, including suing to collect any
remaining balance of the purchase price (i.e., accelerate the
payment of the purchase price causing the entire balance to
immediately become due and payable in full).
f) Customer will be charged a 20% restocking fee for refusal to
accept equipment as delivered. Equipment must returned unopened
within 10 business days of receipt at customer facility.
1.04
If Purchaser fails to make payment(s) in accordance with the
terms of this Order, the Purchaser’s Products may be rendered
inoperable until such payment terms are met.
No waiver by FARO of its rights under these conditions shall be deemed
to constitute a waiver of subsequent breaches or defaults by the
Purchaser. In the event more than one Product is being purchased
pursuant to the Order, unless otherwise set forth herein, each payment
received by FARO from Purchaser shall be applied pro rata against the
cost of each product rather than being applied to the purchase price of
any product.
2.00
Delivery and Transportation
2.01
Delivery dates are estimates and not guarantees, and are based
upon conditions at the time such estimate is given.
2.02
FARO shall not be liable for any loss or damage, whether
direct, indirect or consequential, resulting from late delivery of the
Product. The Purchaser’s sole remedy, if the Product is not delivered
within 90 days of the estimated delivery date, shall be to cancel the
Order and to recover from FARO without 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
08M46E00_FaroArmUSB.book Page 2 Monday, January 15, 2007 1:12 PM
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