Laserfiche WebLink
Title: Axon Enterprise, Inc.’s TASER Energy Weapon Agreement <br />Department:Legal <br />Version: 1.0 <br />Release Date: 3/2/2023 <br />Page 1 of 11 <br />EXHIBIT A <br />Axon Enterprise, Inc.’s TASER <br />Energy Weapon Agreement <br />This TASER Energy Weapon Agreement (“Agreement”) applies to Agency’s TASER 7 or TASER 10 <br />purchase from Axon Enterprise, Inc. (“Axon”). Agency will receive TASER 7 or TASER 10 Conducted <br />Energy Weapon (“CEW”) hardware, accessories, warranty, and services documented in the attached <br />Quote Appendix (“Quote”). <br />1.Term. The start date is based on the initial shipment of TASER 7 or TASER 10 hardware (“Start <br />Date”). If shipped in the first half of the month, the Start Date is the 1st of the following month. If <br />shipped in the last half of the month, the Start Date is the 15th of the following month. The TASER 7 <br />OR TASER 10 term will end upon completion of the associated TASER 7 or TASER 10 subscription <br />in the Quote (“Term”). If the Quote has multiple TASER 7 or TASER 10 ship dates, each shipment <br />will have a 60-month term, starting on the shipment of TASER 7 or TASER 10 as described above. <br />2.Payment. Axon invoices upon shipment, or on the date specified within the invoicing plan in the Quote. <br />Payment is due net 30 days from the invoice date. Payment obligations are non-cancelable. Unless otherwise <br />prohibited by law, Agency will pay interest on all past-due sums at the lower of one-and-a-half percent (1.5%) <br />per month or the highest rate allowed by law. Agency will pay invoices without setoff, deduction, or <br />withholding. If Axon sends a past due account to collections, Agency is responsible for collection and <br />attorneys’ fees. <br />3.Taxes. Agency is responsible for sales and other taxes associated with the order unless Agency provides <br />Axon a valid tax exemption certificate. <br />4.Shipping. Axon may make partial shipments and ship any hardware provided by Axon under this Agreement <br />(“Axon Devices”)from multiple locations. All shipments are EXW (Incoterms 2020) via common carrier. Title <br />and risk of loss pass to Agency upon Axon’s delivery to the common carrier. Agency is responsible for any <br />shipping charges in the Quote. <br />5.Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as <br />provided by state or federal law. <br />6.Warranty. <br />6.1.Limited Warranty; Disclaimer. Axon warrants that Axon-manufactured Devices are free from defects <br />in workmanship and materials for 1 year from the date of Agency’s receipt, except Signal Sidearm and <br />Axon-manufactured accessories, which Axon warrants for 30 months and 90 days, respectively, from <br />the date of Agency’s receipt. Used conducted energy weapon (“CEW”)cartridges are deemed to have <br />operated properly. Extended warranties run from the expiration of the 1-year hardware warranty <br />through the extended warranty term.All software and Axon Cloud Services are provided "AS IS," <br />without any warranty of any kind, either express or implied, including without limitation the <br />implied warranties of merchantability, fitness for a particular purpose and non-infringement. <br />Axon Devices, software, and services that are not manufactured, published or performed by <br />Axon (“Third-Party Products”) are not covered by Axon’s warranty and are only subject to the <br />warranties of the third-party provider or manufacturer. <br />6.2.Claims. If Axon receives a valid warranty claim for an Axon-manufactured Device during the warranty <br />term, Axon’s sole responsibility is to repair or replace the Axon-manufactured Device with the same <br />or like Axon-manufactured Device, at Axon’s option. A replacement Axon-manufactured Device will <br />be new or like new. Axon will warrant the replacement Axon-manufactured Device for the longer of (a) <br />the remaining warranty of the original Axon Manufactured Device or (b) 90-days from the date of repair <br />or replacement. <br />6.2.1.If Agency exchanges a device or part, the replacement item becomes Agency’s property, and <br />the replaced item becomes Axon’s property. Before delivering an Axon-manufactured Device <br />for service, Agency must upload Axon-manufactured Device data to Axon Evidence or <br />download it and retain a copy. Axon is not responsible for any loss of software, data, or other <br />information contained in storage media or any part of the Axon-manufactured Device sent to <br />Axon for service. <br />6.3.Spare Axon Devices. At Axon's reasonable discretion, Axon may provide Agency a predetermined <br />number of spare Axon Devices as detailed in the Quote (“Spare Axon Devices”).Spare Axon Devices <br />  <br /> <br />        <br />  <br />  <br />City Council 17 – 10 10/1/2024