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B-2
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 be returned unopened within
10 business days of receipt at customer facility.
1.04If 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.
2.00Delivery and Transportation
2.01Delivery dates are estimates and not guarantees, and are based upon
conditions at the time such estimate is given.
2.02FARO 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 or any
department or agency thereof, force majuere, acts or omissions of the
Purchaser, acts of civil or military authorities, embargoes, war or
insurrection, labor interruption through strike or walkout, transportation
delays and other inability resulting from causes beyond FARO’s control
to obtain necessary labor, manufacturing facilities or materials from its
usual sources. Any delays resulting from such causes shall extend
estimated delivery dates by the length of such delay.
08M47E00_FAROGage.book Page 2 Wednesday, June 8, 2011 4:12 PM
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