Trade Agreement - Smith and Wesson - Exchange of Guns for SBPD

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2100 Aooseveft Avenue Smith& sson Sp in2208 engflold, MA 01102,2208 3. Additional shipping or labor charges may apply if repairs require pistols to be returned to the manufacturer or to an authorized repair location. 10. Use of NewPistols: SBPD agrees that all new pistols, shall be issued for duty use, in due course, upon receipt from S&W. SBPD shall contact S&W if any new pistols are removed from service for any reason within one (1) year of the delivery date. SBPD agrees that it shall not trade these new pistols for other firearms or use them for any purpose other than duty carry or training, unless specifically agreed to by S&W in writing. 11. Warranty: If a Product is covered under a Warranty, S&W will provide an express written limited warranty in the packaging with such Product ("Warranty"). TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUCH WARRANTY, IF ANY, IS IN LIEU OF, AND SMITH & WESSON HEREBY DISCLAIMS, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SBPD shall not make any representations or express warranties concerning the Products except those contained, if any, in S&W prepared materials accompanying the Product, including without limitation the Warranty. SBPD is not authorized to extend or otherwise modify (or permit any vendee to extend or otherwise modify) S&W's warranty with respect to any Product. Any statement or warranty, written or oral, made by SBPD with respect to a Product that exceeds, modifies or deviates from the applicable warranty, if any, for such Product provided by S&W shall be the sole responsibility of SBPD unless S&W has given its written authorization for such modification or deviation. S&W shall have no obligation to provide any warranty to Products exported without the express written permission of S&W. Any terms and conditions appearing on an Agency Letter confirmation, or a subsequent documentation will be deemed void, and such Agency Letter confirmation or subsequent documentation will be used solely for the quantities and delivery dates set forth therein. I do hereby acknowledge receipt of these additional terms and conditions and agree that they form part of the Quote referenced above. for South Bend Police Department: Signature: w p' Print Name: , t° 0 V_z Print Title for Smith & Wesson Corp.: Signature: Print Name: Print Title: Date Signed: Date Signed: Page 3 of 4 South Bend Police Department Trade Agreement