Purchase Conditions - Faro FOCUS3D X 130 User Manual

Appendix B: Purchase Conditions
All Purchase Orders (hereafter, the "Order") for FARO-provided products and
services (hereafter, the "Product") are subject to the following terms and
conditions, which are agreed to by the Purchaser. All capitalized terms are
defined in Section 8.00 Definitions hereafter.
1.00Payment of Purchase Price
1.01Purchaser hereby promises to pay to the order of FARO all deferred portions
of the Purchase Price, together with interest on late purchase price payments
payable at 1.5% per month (18% per annum).
1.02The Purchaser grants to FARO a security interest in the products sold
pursuant to the Order, which may be perfected by UCC-1 Financing Statements
to be recorded in the applicable County of the Purchaser's business location and
filed with the Secretary of State's Office, which security interest will remain in
effect until payment in full of the purchase price together with interest on late
purchase price payments payable thereon had been received by FARO.
1.03If the Purchaser fails to make full payment of the purchase price within the
period set out in the Order, FARO shall at its option have the following remedies,
which shall be cumulative and not alternative:
a) the right to cancel the Order and enter the Purchaser's premises to re-take
possession of the Product, in which event the Purchaser agrees that any down-
payment or deposit shall be forfeited to FARO, as liquidated damages and not
as a penalty, and all costs incurred by FARO in connection with the removal
and subsequent transportation of the Product shall be payable by the Purchaser
upon written demand;
b) the right to enter the Purchaser's premises and remove any Software,
components of the Product or other items necessary in order to render the
Product inoperative;
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).
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FARO Laser Scanner Focus
3
3D
X 130 Manual
January 2014