HomeMy WebLinkAboutTRANSCEND TACTICAL VANTAGEN-2019-031
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O: SAPID (j) Terms, Conditions and Warranty Information
Fiscal
(Gnr!L ) Limited Warranty
r In exchange for monies tendered and upon the execution of this Agreement by Customer, Transcend
Robotics, Inc„ DBA Transcend Tactical, ("Transcend") warrants' Its Vantage'' robot and related
accessories (Products) to be free of defects in material and workmanship for one year from the date of
delivery to Customer. Customer must report any claimed defect by phone at 510.338.3027, or by
email at support a transrendtactical.com. Transcend, in consultation with AndylVark, Inc. (the
manufacturing partner) will determine whether such repairs can be performed by parts supplied by
manufacturer at no cost to the Customer or whether the Vantage robot will need to be returned to the
manufacturer for repair or replacement at manufacturer's sole discretion. Replacement may be made
with a robot in a similar or better state of use. If a return for repair is determined necessary, the
customer will be responsible for shipping costs to the manufacturer and manufacturer will be
responsible for return shipping costs. Each party will ensure that the shipment is fully insured In case of
damage during shipment.
Warrant Exclusions/Limitations
Transcend Is not liable under the warranty set forth above to the extent a defect or failure is caused
by: (i) repair, alteration or modification of the Products by persons other than Transcend or its
designee without Transcend's prior approval, (ii) use beyond the intended design or normal operating
hours, or damage or defects caused by negligence, accident, abuse, misuse, Improper or other
abnormal usage, (iii) normal wear and tear, or (iv) Customer's failure to properly store, install, operate
or maintain the Products in accordance with good industry practices or the recommendations or
instructions of Transcend.
TRANSCEND MAKES NO OTHER WARRANTY OF ANY KIND WITH RESPECT TO THE PRODUCTS. ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY
AGAINST INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A
PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.
Limitation of Liability
Transcend shall in no event be liable for any consequential, Incidental, Indirect, special or punitive
damages arising out of this Agreement, or out of any breach of its obligations hereunder, or out of any
defect in, or failure of, or malfunction of the Products, including but not limited to, claims based upon
personal injury or death, loss of use, lost profits or revenue, Interest, lost goodwill, work stoppage,
Impairment of other equipment, environmental damage, loss by reasons of shutdown or non-
operation, Increased expenses of operations, cost of purchase of replacement equipment or claims of
Customeror any other party for service interruption whether or not such loss or damage Is based on
contract, tort (including negligence and strict liability) or otherwise provided, however, the foregoing
shall not apply in the event any such Loss was a direct result of Transcend's gross negligence or willful
misconduct.
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510-338-3027 1 sales§transcendrobotics,com 16050 Lowell Street. #260 Oakland, CA 94608
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Further, except with respect to the limited warranty provided herein, Customer agrees Transcend will
not be liable to Customer, its affiliates, employees, investors, partners, officers, directors and agents
("Customer Entities") or any third party under this Agreement for any liability, loss, damage, expense,
or cost ("Loss") resulting from or arising out of personal injury or death of any person as a result of any
Customer Entity's or third party's use of the VANTAGE ROBOT or accessories; provided, however, the
foregoing shall not apply in the event any such Loss was a direct result of Transcend's gross negligence
or willful misconduct.
In no event will Customer's cumulative, aggregate liability to the Customer Entities under this
Agreement exceed the total amount paid by Customer to Transcend for the Products purchased
hereunder.
Returns
Transcend Robotics, Inc. will accept returns of items purchased with an approved Return Merchandise
Authorization within 14 days from the date of receipt of the robot. A refund will be credited to the customer.
The customer is responsible for all shipping charges to return products and will ensure the shipment
is fully insured in case of damage during shipment. All remaining payments are due net 30 days from date of
Radio License Requirement
No radio license is required to purchase the Vantage robot, however, a radio license is required to
operate the VANTAGE robot per FCC guidelines. It is the customer's responsibility to comply with FCC
requirements.
Agreed and Accepted
Transcend Tactical
Phillip Walker!_
Printed Name
Title
Customer
See attached signature page
Organization Name
r r"W1M tP L (LAF7
Printed Name
GonwW IiC&
_Title
.�1✓wo d _.L19i7
Authorized Signature —Authorized Signature
07/27/201$_ 2/i/2®/9
510-338.3027 1 sales@transcendrobotics.com 1 6050 Lowell Street. #260 Oakland. CA 94608
TRRNSCEND 510.338-3027
T A C T I C A L sales@transcendrobotics.com
Date
Date
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510.338-3027 1 sales@transcendrobotics.com 1 6050 Lowell Street, #260 Oakland, CA 94608
N-2019-031
Transcend Tactical — Terms, Conditions and Warranty Information (PO 121683)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
CITY OF SANTA ANA
NORMA MITRE — Steven A. Mendoza
Acting Clerk of the Council Acting City Manager
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:
SONIA R. CARVALHO
City omey
By:
Tamara Bogosian t David a entin
Assistant City Attorney Chief of Police