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25H - AXON ENTERPRISES TASER EQUIPMENT
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12/17/2019
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25H - AXON ENTERPRISES TASER EQUIPMENT
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Last modified
12/12/2019 3:59:50 PM
Creation date
12/12/2019 3:42:06 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Police
Item #
25H
Date
12/17/2019
Destruction Year
2024
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DocuSign Envelope ID; A17787FA-E2E4-465E-9081-70753D6210B5 <br />4 AXO N <br />Axon Enterprise, Inc.'s TASER 7 <br />Agreement <br />the 1-year manufacturer warranty through the term of the extended warranty. Non -Axon <br />manufactured products are not covered by Axon's warranty. <br />If Axon receives a valid warranty claim during the warranty period, Axon's sole responsibility Is <br />to repair or replace the product with the same or like product, at Axon's option. A replacement <br />product will be new or like new and have the remaining warranty period of the original product <br />or 90 days from the date of replacement or repair, whichever is longer. A replacement item <br />becomes Agency's property and the replaced item becomes Axon's property. For support and <br />warranty service, visit www.axon.com/support. Before delivering product for service, Agency <br />must upload product data to Axon Evidence (Evidence.com) or download it and retain a copy. <br />Axon is not responsible for loss of data or other information contained on the storage media or <br />any part of the product. <br />8. Extended Warranty. If the Quote includes a TASER 7 plan (TASER 7 Basic - Upfront Plus <br />Subscription, TASER 7 Basic - Subscription, or TASER 7 Certification), extended warranty <br />coverage is included for the TASER CEW, dock and core, and rechargeable battery as described <br />in the Hardware Limited Warranty. TASER 7 plans extended warranty coverage begins on the <br />Start Date and continues for the Term. If the Quote does not include a TASER 7 plan, Agency <br />may purchase extended warranties to provide coverage. <br />9. Warranty Limitations. Axon's warranty obligations exclude damage related to; (a) failure to <br />follow instructions on product's use; (b) products used with products not manufactured or <br />recommended by Axon; (c) abuse, misuse, intentional, or deliberate damage to the product; (d) <br />force majeure; (e) products repaired or modified by persons otherthan Axon withoutthe written <br />permission of Axon; or (f) products with a defaced or removed serial number. <br />To the extent permitted by law, the warranties and remedies set forth above are <br />exclusive and Axon disclaims all other warranties, remedies, and conditions, whether <br />oral or written, statutory, or implied, as permitted by applicable law. If statutory or <br />implied warranties cannot be lawfully disclaimed, then all such warranties are limited to <br />the duration of the express warranty described above and limited by the other provisions <br />contained in this Agreement. Axon's cumulative liability to any party for any loss or <br />damage resulting from any claims, demands, or actions arising out of or relating to any <br />Axon product will not exceed the purchase price paid to Axon for the product or if for <br />services, the amount paid for such services over the prior 12 months preceding the claim. <br />In no event will either party be liable for any direct, special, indirect, incidental, <br />exemplary, punitive or consequential damages, however caused, whether for breach of <br />warranty, breach of contract, negligence, strict liability, tort or under any other legal <br />theory. <br />10. Spare Products. Axon may provide Agency a fixed number of spares for TASER 7 hardware in <br />the Quote ("Spare Products"). Spare Products will replace non-functioning units. If Agency uses <br />a Spare Product, Agency must return non-functioning units to Axon, and Axon will repair or <br />replace the non-functioning unit. If Agency does not return Spare Products to Axon within 30 <br />days of termination of this Agreement, Axon will invoice Agency the MSRP then in effect for all <br />unreturned Spare Products. <br />Tl,le: TASER Tf p,eemanl <br />RoperhnanC Lagnl <br />Remem oaw: maumfe <br />Page 2 of 7 <br />25H-8 <br />
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