Standard Terms & Conditions
FARO International Incorporated’s products are offered for sale under the terms and conditions contained herein.
1. Order Acceptance. Notwithstanding any terms or conditions on the Buyer’s order, FARO’S acceptance of any order is expressly made conditional on Buyer’s agreement to FARO’S Standard Terms and Conditions. Commencement of performance and/or delivery shall be for Buyer’s convenience only and shall not be deemed or construed to be acceptance of any or all of Buyer’s terms and conditions.
2. Prices. FARO’S published and quoted prices are subject to the following:
A. All published prices are subject to change without notice.
B. Shipments will be billed at prices in effect on the date of acceptance of Buyer’s order.
C. Stenographic and/or clerical errors are subject to correction.
D. Published or quoted prices do not include taxes, duties or transportation. Buyer shall be responsible for the payment of all export and import licenses, customs fees and duties, federal, state and local excise, sales, use, property and similar taxes levied in respect to the products sold to the Buyer, except income taxes levied upon FARO.
E. Published and quoted prices are for standard products only and do not include proprietary rights of any kind other than FARO’S standard commercial packaging.
3. Title and Risk of Loss. Risk of loss or damage shall pass to Buyer upon FARO’S delivery of products to transportation company. FARO reserves the right to select the best means of transportation and routing.
4. Delivery. FARO reserves the right to make deliveries in installments. Partial shipments will be billed as made and payments therefore are subject to the terms of payment. The delivery of any part of any order will not obligate FARO to make further deliveries. All delivery dates are approximate and are dependent in part upon prompt receipt of all necessary information to service an order. In the absence of such regulations, FARO reserves the right in its sole discretion to allocate inventories and current production when in its opinion such allocation is necessary.
5. Contingencies. FARO shall not be responsible for any liability due to any delay in the performance of any order accepted by it due to unforeseen circumstances or to causes beyond its reasonable control, including, without limitation, acts of God, strikes, war, riots, fire, accident, freight embargoes, lock-out of suppliers necessary to the execution of the order, failure, breakdown or shortage of components necessary to the completion of the order, subcontractor caused delays, or the compliance with any law, regulation or order, whether valid or invalid, of any cognizant government body or any instrumentality thereof, whether now existing or hereafter created. Performance of an order shall be deemed suspended so long as any such circumstances or causes delay its execution. Whenever such circumstances or causes have been remedied, Buyer shall accept performance under said order. As used herein “performance” shall include, without limitation, fabrication, shipment, delivery, and warranty replacement.
6. Acceptance of Product. Each FARO product shall be deemed to have been accepted by Buyer if it meets specifications as set forth in FARO’S sales order. Notwithstanding the foregoing, use of said product by Buyer, its agents, employees, or licensees for any purpose shall constitute acceptance of product by the Customer. Any FARO product not rejected within five (5) business days of receipt shall be deemed accepted.
7. Limited Warranty. If you are not satisfied with the performance of a product you purchase on this site, we will gladly replace it at no cost to you. Please retain your product and contact our Customer Service team for product replacement and shipping instructions. Please provide us with your order number, name, address, and a description of the reason for the return.
All products must be returned. Our Customer Service team will provide you with specific shipping instructions.
8. Exclusive Remedy. Buyer’s sole remedy for breach of the limited warranty set forth above shall be replacement of the defective product. Buyer shall notify FARO of any warranty claim during the warranty period and obtain FARO’S authorization prior to the return shipment of products for warranty adjustment. When any product is returned for examination and inspection, Buyer must assume responsibility for damage resulting from improper packaging and damage or loss in transit. Buyer shall provide explicit information as to the nature of the claimed defects, operating conditions to which the product had been exposed and any other pertinent information which will enable FARO to determine the cause of claimed warranty defects. In all cases, FARO has sole responsibility for determining the validity of any warranty claim and sole discretion in determining the nature and extent of remedy, if any, to which the Buyer will be entitled.
9. Product Return Procedures.
Notify a FARO customer service representative at (833) 500-3276 for a Return Merchandise Authorization number (RMA #). FARO must be notified of all potential returns no later than five (5) business days from receipt of shipment.
You will not be refunded any original shipping costs and you will be responsible for paying the shipping costs for returned product(s). Any refund request must be made 5 days from date of purchase, the product must have been purchased from one of our Websites. The refund will be based upon the price paid at the time of purchase.
To insure a quick turnaround please write the RMA # on the outside of all packages.
Along with the RMA # FARO will provide/designate the proper carrier to use for the return. Products returned shall be sent with shipping charges prepaid.
In order to expedite credits for an Authorized Return, FARO requests that all return shipments be sent to the address below, regardless of the original shipping address.
FARO International, Inc.
151 Kalmus Drive, M6
Costa Mesa, CA 92626 USA
*Shipments returned without prior authorization will be refused.
10. Reporting Shortages & Damaged Shipments.
Incomplete/Shortages for Prepaid and PPD/Add Freight Shipments
If shipment arrives incomplete, please check the contents against the packing slip for any back-ordered items; next verify the number of cartons against the carton count on the bill of lading.
FARO must be notified of all potential claim issues no later than five (5) business days after the receipt of the shipment.
Customer must properly notate/sign the carrier’s bill of lading for applicable shortages at time of receipt/delivery.
If there are any discrepancies, please contact a FARO customer service representative at (833) 500-3276 so that FARO may quickly resolve any issues.
Claims filed after five (5) business days or without properly signed paperwork are subject to refusal.
11. Damaged Merchandise – Parcel Shipments (Prepaid and PPD/ADD Frt. shipments only).
If a parcel shipment arrives with visible damage, refuse the shipment claiming, “Package received damaged”, and call FARO at (833) 500-3276 to request a replacement. FARO will initiate a claim with the carrier and process a new order for replacement merchandise.
12. Damages and Liability. IN NO EVENT WILL FARO’S LIABILITY ARISING OUT OF THIS SALE EXCEED THE PURCHASE PRICE RECEIVED BY FARO FOR THE PRODUCT(S) WHICH ARE THE SUBJECT OF ANY CLAIMS OR DISPUTE. IN NO EVENT WILL FARO BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS BY BUYER. IN NO EVENT WILL FARO BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES ARISING OUT OF THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT) WHETHER OR NOT FARO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD PARTY CLAIMS AGAINST BUYER. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
13. Modifications. No modifications of, additions to, or deletions from these terms shall be binding upon either party unless accepted in writing by an authorized representative of each. A waiver by FARO of any default by Buyer shall not be deemed to be a continuing waiver or a waiver of any other default but shall apply solely to the instance to which the waiver is directed.
14. Controlling Law. These Standard Terms and Conditions shall be governed by and subject to the laws of the State of California, U.S.A. These Standard Terms and Conditions shall be considered entered into in the State of California, U.S.A. The Federal (Central District of California) and State (Orange County) courts within the State of California shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement. Buyer hereby expressly consents to (i) the personal jurisdiction of these federal and state courts within California, and (ii) service of process being affected upon it by registered mail sent to its shipping address.
15. Professional Fees. In any suit or proceeding relating to these terms and conditions, the prevailing party will have the right to recover from the other its reasonable costs and expenses incurred in connection with such suit or proceeding, including reasonable fees and expenses of attorneys, accountants and other professionals.