AXON ENTERPRISE, INC. (FORMERLY TASER, INC.)-2017

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-r^a E—= F:t 7 Shjppinq; Titig, Risk of Loss: Refection. TASER reserves the right to make partial shipments and products may ship from multiple locations, All shipments are E X.W. via common carrier and title and risk of loss pass to the Agency upon delivery to the common carrier by 'TASER. The Agency is responsible for all freight charges. Any loss or damage that occurs during shipment is the Agency's responsibility, Shipping dates are estimates only. The Agency may reject nonconforming Product by providing TASER written notice of rejection within 10 days of shipment. Failure to notify TASER within the 10 day rejection period will be deemed as acceptance of Product. 8 Rglij,rnn . All sales are final and no refunds or exchanges are allowed, except for warranty returns or as provided by state or federal law. 9 _Wgrrapties. 9.1 Hardwalre, Limited Warranty. TASER warrants that its law enforcement hardware products are free from defects In workmanship and materials for a period of DIVE (1) YEAR from the date of Final Acceptance. Extended warranties run from the date of receipt of the extended warranty through the balance of the 1-year limited warranty term plus the term of the extended warranty measured after the expiration of the I - year limited warranty. CEW cartridges and Smart cartridges that are expended are deemed to have operated properly. TASER-Manufactured Accessories are covered under a limited 90-DAY warranty from the date of receipt. Non-TASER manufactured accessories are covered under the manufacturer's warranty. If TASER determines that a valid warranty claim is received within the warranty period, TASER agrees to repair or replace the Product, TASER's sole responsibility under this warranty is to either repair or replace with the same or like Product, at TASER's option. 9.2 Warranty Limitations. 9.2.1 The warranties do not apply and TASER will not be responsible for any loss, data loss, damage, or other liabilities arising from. (a) damage from failure to follow Instructions relating to the Product's use; (b) damage caused by use with non-TASER products or from the use of cartridges, batteries or other parts, components or accessories that are not manufactured or recommended by TASER; (c) damage caused by abuse, misuse, intentional or deliberate damage to the product, or force majeure; (d) damage to a Product or part that has been repaired or modified by persons other than TASER authorized personnel or without the written permission of TASER; or (e) If any TASER serial number has been removed or defaced. 9.2.2 To the extent permitted by law, the warranties and the remedies set forth above are exclusive and TASER disclaims all other warranties, remedies, and conditions, whether oral or written, statutory, or implied, as permitted by applicable law. If statutory or implied warranties cannot be lawfully disclaimed, then all such warranties are limited to the duration of the express warranty described above and limited by the other provisions contained in this Agreement. 9.2.3 TASER's cumulative liability to any Party for any loss or damage resulting from any claims, demands, or actions arising out of or relating to any TASER product will not exceed the purchase price paid to TASER for the product or if for services, the amount paid for such services over the prior 12 months preceding the claim. In no event will either Party be liable for any direct, special, indirect, incidental, exemplary, punitive or consequential damages, however caused, whether for Title; Evidence,com Master Service Agreement with Exhibits Page 6 of 27 Department; Legal Verslon; 11.0 Release Date; 7/31/2015