Laserfiche WebLink
<br /> <br /> <br />Consulting Services Agreement between City of San Leandro and Axon Enterprise, Inc. for Fleet 3 <br />Advanced Last revised [12/19/2023] <br /> Exhibit D – Page 2 of 1 <br /> <br /> <br /> <br /> <br /> <br /> EXHIBIT E <br /> <br /> <br />This Agreement governs City’s purchase and use of the Axon Devices and Services detailed in the <br />Quote Appendix ("Quote"). It is the intent of the Parties that this Agreement will govern all subsequent <br />purchases by City for the same Axon Devices and Services in the Quote, and all such subsequent quotes <br />accepted by City shall be also incorporated into this Agreement by reference as a Quote. In the event of <br />a conflict between this Exhibit E, and the Agreement, the Agreement shall prevail. The Parties agree as <br />follows: <br />1. Definitions. <br />1.1. "Axon Cloud Services" means Axon’s web services for Axon Evidence, Axon Records, Axon Dispatch, <br />and interactions between Axon Evidence and Axon Devices or Axon client software. Axon Cloud Service <br />excludes third-party applications, hardware warranties, and my.evidence.com. <br />1.2. "Axon Device" means all hardware provided by Axon under this Agreement. Axon-manufactured <br />Devices are a subset of Axon Devices. <br />1.3. "Quote" means an offer to sell and is only valid for devices and services on the offer at the specified <br />prices. Any inconsistent or supplemental terms within City’s purchase order in response to a Quote will <br />be void. Orders are subject to prior credit approval. Changes in the deployment estimated ship date <br />may change charges in the Quote. Shipping dates are estimates only. Axon is not responsible for <br />typographical errors in any Quote by Axon, and Axon reserves the right to cancel any orders resulting <br />from such errors. <br />1.4. "Services" means all services provided by Axon under this Agreement, including software, Axon Cloud <br />Services, and professional services. <br />1.5. <br />2. <br />3. Taxes. City is responsible for sales and other taxes associated with the order unless City provides Axon a <br />valid tax exemption certificate. <br />4. Shipping. Axon may make partial shipments and ship Axon Devices from multiple locations. All shipments <br />are EXW (Incoterms 2020) via common carrier. Title and risk of loss pass to City upon Axon’s delivery to the <br />common carrier. City is responsible for any shipping charges in the Quote. <br />5. Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided <br />by state or federal law. <br />6. Warranty. <br />6.1. Limited Warranty. Axon warrants that Axon-manufactured Devices are free from defects in <br />workmanship and materials for one (1) year from the date of City’s receipt, except Signal Sidearm and <br />Axon-manufactured accessories, which Axon warrants for thirty (30) months and ninety (90) days, <br />respectively, from the date of City’s receipt. Used conducted energy weapon ("CEW") cartridges are <br />deemed to have operated properly. Extended warranties run from the expiration of the one- (1-) year <br />hardware warranty through the extended warranty term. <br />6.2. Disclaimer. All software and Axon Cloud Services are provided "AS IS," without any warranty <br />of any kind, either express or implied, including without limitation the implie d warranties of <br />merchantability, fitness for a particular purpose and non-infringement. Axon Devices and <br />Services that are not manufactured, published or performed by Axon ("Third -Party Products") <br />are not covered by Axon’s warranty and are only subject to the warranties of the third-party <br />DocuSign Envelope ID: E1B6788D-C642-4C4D-8553-CFF844DE231E