General: I thought we were just having fun, so why am I signing an agreement? We genuinely love what we do & expect to keep you as a friend & customer for life. To be clear, with work “with” you, not “for” you. However, it is ONLY under the terms of complete indemnification that we agree to provide ANY equipment, services or affiliation to/with you of any kind. We, respectfully, request that all communication with us is terminated immediately if you do not accept 100% responsibility for your inquiry, participation, or reliance, in any way, with/on us or our willingness to assist you. If you’re still here, the terms of agreement moving forward are below:

Contract to Deliver: Will I get what I pay for? Faro Engineering hereby agrees to deliver the subject equipment/project of this document upon full payment FOB our facility, unless formally agreed & compensated to deliver elsewhere. We typically do not agree to precise delivery dates unless we have formally agreed to one below.

Aviation Waiver: What risk am I taking? In consideration of Faro Engineering (Faro) furnishing equipment or services (mechanical or otherwise), parts and/or equipment to enable me to participate in aviation related activities, I agree as follows: I fully understand an acknowledge that: (a) risks and dangers exist in my use of aviation equipment and my participation in aviation activities; (b) my participation in such activities and/or use of such equipment may result in my injury or illness, including but not limited to bodily injury, severe burns, disease strains, fractures, partial and or total paralysis, eye injury, blindness, heart attack, death or other ailments that could cause serious disability; (c) these risks and dangers may be caused by the negligence of the owners, employees, officers or agents of Faro; the negligence of other aviation participants, the negligence of others not participating in aviation, accidents, breaches of contract, the forces of nature or other causes. These risks and dangers may arise from foreseeable or unforeseeable causes; and (d) by my participation in these activities and/or use of equipment, I hereby assume all risks and dangers and all responsibility for any losses and or damages to me or anyone else, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, employees of Faro, or by any other person. I, on behalf of myself, my personal representatives and my heirs, hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Faro and it’s owners, agents, officers and employees from any and all claims, actions or losses for bodily injury, property damage, aircraft damage, loss of income, wrongful death, loss of services or otherwise, to me or anyone else, which may arise out of my use of aviation equipment or my participation in aviation activities, or the use anyone else makes of aviation equipment owned by me, or loss of income due to the time my aviation equipment is in the possession of Faro. I specifically understand that I am releasing, discharging and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the owners, agents, officers or employees of Faro. In lieu of the waiver within this agreement, I hereby authorize Faro to accomplish said work on my aviation equipment. I understand the shop rates are posted but are subject to change without notice, and agree to pay in full for all work necessary to complete this work order upon notification of its completion.

Estimates & Payments: Can prices & availability change in this small industry? Estimates are time-sensitive & can change. Time between Quote & Payment by Client can dramatically affect production time if vendor terms or availability change, or our production schedule. On larger projects, this signed Work Order & minimum of 50% Deposit are required to Commence Projects. Client agrees to make full payment within 5 business days of being billed as Faro Engineering only offers point of sale terms, not net 30 etc. Client’s projects, parts & documentation will not be released to until bills are paid in full. All bills accrue 1.5%/month past 30 days. A lien filed against the project is filed at 45 days past due. After 100 days past due, Client’s project can be sold to pay such bills. Tax can be billed at a later date – or Client may need to pay it in their state.

Authorization: What control am I giving Faro? Do I have to pay? Client hereby authorizes labor, purchasing & testing to be done along with research, materials, labor, transportation & oversight. Changes or further work can be authorized verbally but will be fully compensated. If Client prefers written authorizations for work, Client will request such.

Legal & Risk: What if the shit hits the fan? Cancellation of this contract is subject to a 30% restocking / service fee of contract value plus all 3rd party labor & materials. Client understands that projects left for more than 7 days beyond notice to retrieve, or invoicing for the project, will be charged $20/day for storage – and must be paid prior to taking possession. Costs to move, secure, maintain & store equipment is billable. Client unquestionably understands terms of purchase, labor & delivery are limited to terms & value of this agreement only. Client assumes ALL risks & agrees to hold Faro Engineering and its members, associates and/or assigns without any liability for any/all of Client’s & associates’ observation, operation and participation. Client understands that he/she is responsible for losses Faro Engineering incurs do to Client’s negligence, lack of due diligence or general performance of this contract. Any disputes are unquestionably limited to binding arbitration in the state of Arizona with all costs borne by the customer only to be reimbursed by a maximum of 50% should Faro Engineering LLC be found at fault, or percentage of, by the arbitrator. Subject to the following arbitration provision these terms and conditions shall be governed by, construed and interpreted according to the laws of the State of Arizona, and you and Faro (the Parties) agree to and consent to the exclusive jurisdiction and venue of the courts in Maricopa County. Should a dispute arise between the Parties which cannot be resolved by the Parties in good faith negotiations, both Parties agree to submit such dispute to arbitration in Arizona, before a single arbitrator, with the following modifications to be enforced by the arbitrator consistent with Arizona law: (a) any such arbitration proceeding shall be confidential as to the existence, content, and results of the arbitration; (b) depositions shall not exceed two (2) per party and all must be completed within a single day; (c) document requests are limited to no more than ten (3) clearly identified categories of documents which must be provided to the requesting party within five (5) business days of the request; (d) each party shall have no more than eight (4) hours to present its position; and (e) the entire hearing shall last no longer than three (1) business day. The award, if any, shall be rendered no more than thirty (30) days following the end of the proceeding. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. Both Parties expressly agree that any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Each party shall bear its own attorneys’ fees and costs in connection with the proceedings and shall share equally the fees and expenses of the arbitrator. If any portion of this agreement is found to be unlawful, the rest of the agreement remains enforceable.

Loss, Damage & Operation: My stuff is expensive, is Faro responsible for it? Faro acts in good faith & has NEVER damaged nor lost a Client’s property. However, Client understands that Faro Engineering will not be held liable for the loss of, or damage to projects and/or any articles or equipment left with, transported by, tested by, Faro Engineering for any reason. It is advised that Client contacts us for insurance referrals. Client understands prior to use or operation, he/she will read instructions, thoroughly educate themselves on the equipment, and test the equipment in a controlled environment with the expertise necessary to ensure all systems are working properly. Client understands Faro Engineering offers efforts & opinions is Client’s responsibility for agreeing with them or not.

Acceptance & Delivery: What is this document again? This document constitutes the Sale/Deal and is confirmed & committed to entirely by Client’s official authorization, deposit, transaction or signature; whichever occurs first. By signing this document, Client acknowledges comprehension & clearly accepts the terms, information, risk & responsibilities above. Client is of able capacity to read & sign this agreement.