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AEON Axon Enterprise, Inc.'s TASER 60 <br />� <br />Unlimited Terms and Conditions <br />agrees to repair or replace the Product. Axon's sole responsibility under this warranty is to either repair or replace <br />with the same or like Product, at Axon's option. <br />8. anty Llmitations, The warranties do not apply and Axon will not be responsible for any loss, damage, or other <br />liabilities arising from: (a) damage from failure to follow instructions relating to the Product's use; (b) damage caused <br />by use with non -Axon products or from the use of cartridges, batteries or other parts, components or accessories <br />that are not manufactured or recommended by Axon; (c) damage caused by abuse, misuse, intentional or deliberate <br />damage to the product, or force majeure; (d) damage to a Product or part that has been repaired or modified by <br />persons other than Axon authorized personnel or without the written permission of Axon; or (e) if any Axon serial <br />number has been removed or defaced. <br />To the extent permitted by law, the warranties and remedies set forth above are exclusive and Axon <br />disclaims all other warranties, remedies, and conditions, whether oral or written, statutory, or implied, as <br />permitted by applicable law. If statutory or implied warranties cannot be lawfully disclaimed, then all such <br />warranties are limited to the duration of the express warranty described above and limited by the other <br />provisions contained in this Agreement. Axon's cumulative liability to any Party for any loss or damage <br />resulting from any claims, demands, or actions arising out of or relating to any Axon product will not exceed <br />the purchase price paid to Axon for the product or if for services, the amount paid for such services over the <br />prior 12 months preceding the claim. In no event will either Party be liable for any direct, special, indirect, <br />incidental, exemplary, punitive or consequential damages, however caused, whether for breach of warranty, <br />breach of contract, negligence, strict liability, tort or under any other legal theory. <br />9. 1Jtii�.rReturrrs. If a valid warranty claim is received by Axon within the warranty period, Axon agrees to repair or <br />replace the Product which Axon determines in its sole discretion to be defective under normal use, as defined in the <br />Product instructions. Axon's sole responsibility under this warranty is to either repair or replace with the same or like <br />Product, at Axon's option. For warranty return and repair procedures, including troubleshooting guides, please go to <br />Axon's website wwAsix,( _/,5 Lj.� pr_0r ,,. <br />A replacement product will be new or like new and have the remaining warranty period of the original product or 90 <br />days from the date of replacement or repair, whichever period is longer. Any replacement item becomes Purchaser's <br />property and the replaced item becomes Axon's property. <br />10. limitgd 'W rr n Cpvi f g ,. TASER 60 Unlimited includes extended warranty coverage for the TASER <br />CEW handle and as described in the Hardware Limited Warranty. TASER 60 Unlimited warranty coverage starts at the <br />beginning of the Term and continues as long as the Agency continues to pay the required annual fees for TASER 60 <br />Unlimited during the Term. The Agency may not have both an optional extended warranty and TASER 60 Unlimited on <br />the TASER CEW product. <br />11. ;pare Product. For orders of more than 30 units, Axon will provide a predetermined number of Spare Product for <br />the TASER CEW hardware listed in the Quote ("Spare Products") to keep at the Agency location to replace broken or <br />non-functioning units in order to improve the availability of the units to officers in the field. The Agency must return to <br />Axon, through Axon's RMA process, any broken or non-functioning units for which a Spare Product is utilized, and <br />Axon will repair or replace the non-functioning unit with a replacement product. Axon warrants it will repair or replace <br />the unit which fails to function for any reason not excluded by the warranty coverage, during the Term with the same <br />product or a like product, at Axon's sole option. Within 30 days of the termination of this Agreement for any reason <br />the Agency must return to Axon all Spare Products. The Agency will be invoiced for and are obligated to pay to Axon <br />the MSRP then in effect for all Spare Products not returned to Axon. <br />12. r iM,. See our website at mm�y.axt2p m for the most current product warnings, <br />TRW: Axon E wprke, I—%TASER 00 UnIlmMad rum. end C-did— (Dnllna) <br />Dapama nunt SskWCua�Survku <br />Vanden: J.0 <br />Rine... Dare: 2H9201e <br />Page 2 of 5 <br />