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City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2020
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100620
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19
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3/12/2021 1:29:10 PM
Creation date
9/30/2020 10:52:42 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
10/6/2020
DESTRUCT DATE
15Y
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DocuSign Envelope ID: 688ECEC6-8D4C-440E-A5FF-48D7FC9C9BC4 <br />Al A XO N Master Services and Purchasing Agreement <br />6 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 />7 Warranty. <br />7.1 Hardware Limited Warranty. Axon warrants that Axon -manufactured Devices are free from <br />defects in workmanship and materials for 1 year from the date of Agency's receipt, except Signal <br />Sidearm, which Axon warrants for 30 months from the date of Agency's receipt. Axon warrants its <br />Axon -manufactured accessories for 90 -days from the date of Agency's receipt. Used conducted <br />energy weapon ("CEW") cartridges are deemed to have operated properly. Extended warranties run <br />from the expiration of the 1 -year hardware warranty through the extended warranty term. Non - <br />Axon manufactured Devices are not covered by Axon's warranty. Agency should contact the <br />manufacturer for support of non -Axon manufactured Devices. <br />7.2 Claims. If Axon receives a valid warranty claim for an Axon manufactured Device during the <br />warranty term, Axon's sole responsibility is to repair or replace the Device with the same or like <br />Device, at Axon's option. A replacement Device will be new or like new. Axon will warrant the <br />replacement Device for the longer of (a) the remaining warranty of the original Device or (b) 90 - <br />days from the date of repair or replacement. <br />If Agency exchanges a device or part, the replacement item becomes Agency's property, and the <br />replaced item becomes Axon's property. Before delivering a Device for service, Agency must upload <br />Device data to Axon Evidence or download it and retain a copy. Axon is not responsible for any loss <br />of software, data, or other information contained in storage media or any part of the Device sent <br />to Axon for service. <br />7.3 Spare Devices. Axon may provide Agency a predetermined number of spare Devices as detailed in <br />the Quote ("Spare Devices"). Spare Devices will replace broken or non-functioning units. If Agency <br />utilizes a Spare Device, Agency must return to Axon, through Axon's warranty return process, any <br />broken or non-functioning units. Axon will repair or replace the unit with a replacement Device. <br />Upon termination, Axon will invoice Agency the MSRP then in effect for all Spare Devices provided. <br />If Agency returns the Spare Devices to Axon within 30 days of the invoice date, Axon will issue a <br />credit and apply it against the invoice. <br />7.4 Limitations. Axon's warranty excludes damage related to: (a) failure to follow Device use <br />instructions; (b) Devices used with equipment not manufactured or recommended by Axon; (c) <br />abuse, misuse, or intentional damage to Device; (d) force majeure; (e) Devices repaired or modified <br />by persons other than Axon without Axon's written permission; or (f) Devices with a defaced or <br />removed serial number. <br />7.4.1 To the extent permitted by law, the above warranties and remedies are exclusive. <br />Axon disclaims all other warranties, remedies, and conditions, whether oral, written, <br />statutory, or implied. If statutory or implied warranties cannot be lawfully disclaimed, <br />then such warranties are limited to the duration of the warranty described above and <br />by the provisions in this Agreement. <br />7.4.2 Axon's cumulative liability to any Party for any loss or damage resulting from any <br />claim, demand, or action arising out of or relating to any Axon Device or Service will <br />not exceed the purchase price paid to Axon for the Device, or if for Services, the <br />amount paid for such Services over the 12 months preceding the claim. Neither Party <br />Title: Master Services and Purchasing Agreement between Axon and Agency <br />Department: Legal <br />Version: 8.0 <br />Release Date: 11/8/2019 Page 2 of 19 <br />
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