Faro FOCUS3D X 130 User Manual page 138

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 Focus
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
DAMAGES, WHETHER THE CLAIM IS FOR BREACH OF
WARRANTY, NEGLIGENCE, OR OTHERWISE.
OTHER THAN THE EXPRESS WARRANTIES HEREIN STATED,
FARO DISCLAIMS ALL WARRANTIES INCLUDING IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS.
4.11FARO does not authorize any person (whether natural or corporate)
to assume for FARO any liability in connection with or with respect to
FARO
3D
X 130 subject to the limitations set out above in this
®
Laser Scanner Focus
7
3D
X 130 Manual
January 2014