Faro FocusM 70 Manual Download

Page: 161 / 198

FARO

Laser Scanner Manual

156

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.

1.00 Payment of Purchase Price

1.01 Purchaser 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).

1.02 The 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.

1.03 If 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).
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.

1.04 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