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25F - AGMT - PD EQUIPMENT
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25F - AGMT - PD EQUIPMENT
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Last modified
4/27/2017 3:38:07 PM
Creation date
4/27/2017 3:10:49 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Police
Item #
25F
Date
5/2/2017
Destruction Year
2022
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7 Shipning; Title; Risk of Loss; Reiection. TASER reserves the right to make partial <br />shipments and products may ship from multiple locations. All shipments are E.X.W. via <br />common carrier and title and risk of loss pass to the Agency upon delivery to the common <br />carrier by TASER. The Agency is responsible for all freight charges. Any loss or damage that <br />occurs during shipment is the Agency's responsibility, Shipping dates are estimates only. The <br />Agency may reject nonconforming Product by providing TASER written notice of rejection <br />within 10 days of shipment. Failure to notify TASER within the 10 day rejection period will be <br />deemed as acceptance of Product. <br />8 Returns. All sales are final and no refunds or exchanges are allowed, except for warranty <br />returns or as provided by state or federal law. <br />tMMT <br />9.1 Hardware Limited Warranty. TASER warrants that its law enforcement hardware <br />products are free from defects in workmanship and materials for a period of ONE (1) <br />YEAR from the date of Final Acceptance. Extended warranties run from the date of <br />receipt of the extended warranty through the balance of the 1 -year limited warranty <br />term plus the term of the extended warranty measured after the expiration of the 1- <br />year limited warranty. CEW cartridges and Smart cartridges that are expended are <br />deemed to have operated properly, TASER - Manufactured Accessories are covered <br />under a limited 90 -DAY warranty from the date of receipt. Non -TASER manufactured <br />accessories are covered under the manufacturer's warranty. If TASER determines that <br />a valid warranty claim is received within the warranty period, TASER agrees to repair <br />or replace the Product. TASER's sole responsibility under this warranty is to either <br />repair or replace with the same or like Product, at TASER's option. <br />9.2 Warranty Limitations. <br />9.2.1 The warranties do not apply and TASER will not be responsible for any loss, <br />data loss, damage, or other liabilities arising from: (a) damage from failure to <br />follow instructions relating to the Product's use; (b) damage caused by use with <br />non -TASER products or from the use of cartridges, batteries or other parts, <br />components or accessories that are not manufactured or recommended by <br />TASER; (c) damage caused by abuse, misuse, intentional or deliberate damage <br />to the product, or force majeure; (d) damage to a Product or part that has been <br />repaired or modified by persons other than TASER authorized personnel or <br />without the written permission of TASER; or (e) If any TASER serial number has <br />been removed or defaced. <br />9.2.2 To the extent permitted by law, the warranties and the remedies set <br />forth above are exclusive and TASER disclaims all other warranties, <br />remedies, and conditions, whether oral or written, statutory, or <br />implied, as permitted by applicable law. If statutory or implied <br />warranties cannot be lawfully disclaimed, then all such warranties are <br />limited to the duration of the express warranty described above and <br />limited by the other provisions contained in this Agreement. <br />9.2.3 TASER's cumulative liability to any Party for any loss or damage <br />resulting from any claims, demands, or actions arising out of or relating <br />to any TASER product will not exceed the purchase price paid to TASER <br />for the product or if for services, the amount paid for such services over <br />the prior 12 months preceding the claim. In no event will either Party <br />be liable for any direct, special, indirect, incidental, exemplary, <br />punitive or consequential damages, however caused, whether for <br />Title: EvIdenco.com Master Service Agreement with Exhibits Page G of 27 <br />Department: Legal <br />Version: 11.0 <br />Release rate: 7/311201.5 <br />25F -10 <br />
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