HomeMy WebLinkAboutC2018-339 - 6/26/2018 - Approved DocuSign Envelope ID:D3EF2016-01 C3-4599-A43A-9672489FEAB1
A AXON Axon Enterprise, Inc:s TASER 60 Terms
and Conditions
These TASER 60 Terms and Conditions(Agreement)apply to your purchase from Axon Enterprise, Inc.(Axon)
under the TASER 60 Plan.TASER 60 provides CEW hardware extended warranty coverage,CEW Products,and
CEW accessories.TASER 60 only applies to the TASER CEW Product and accessories listed in the Quote.
1. TASER 60 Term.TASER 60 Term start date is based upon the shipment date of the hardware covered under
TASER 60(Start Date).The TASER 60 Term will end 5 years after the Start Date(Term).
2. Payment Terms.Axon invoices for the TASER 60 plan on an annual basis.Agency will be invoiced upon the
Start Date and then upon the anniversary of the Start Date for the remainder of the Term. Invoices are due
to be paid within 30 days of the date of invoice.Invoices are due to he paid within 30 days of the date of
invoice.Payment obligations are non-cancelable and fees paid are non-refundable and all amounts payable
will be made without setoff, deduction, or withholding.
3. Taxes. Unless the Agency provides a valid and correct tax exemption certificate applicable to the purchase
and ship-to location,the Agency is responsible for sales and other taxes associated with the order.
4. Shinning:Title:Risk of Loss: Rejection.Axon reserves the right to make partial shipments and products
may ship from multiple locations.All shipments are E.X.W.via common carrier and title and risk of loss pass
to the Agency upon delivery to the common carrier by Axon.The Agency is responsible for all freight charges.
Any loss or damage that occurs during shipment is the Agency's responsibility. Shipping dates are estimates
only.
5. Returns.All sales are final and no refunds or exchanges are allowed, except for warranty returns or as
provided by state or federal law.
6. Hardware Limited Warranty.Axon warrants that its law enforcement hardware products are free from
defects in workmanship and materials for a period of ONE(1)YEAR from the date of receipt. Extended
warranties run from the date of purchase of the extended warranty through the balance of the 1-year limited
warranty term plus the term of the extended warranty measured after the expiration of the 1-year limited
warranty.CEW cartridges and Smart cartridges that are expended are deemed to have operated properly.
Axon-Manufactured Accessories are covered under a limited 90-DAY warranty from the date of receipt. Non-
Axon manufactured accessories are covered under the manufacturer's warranty.If Axon determines that a
valid warranty claim is received within the warranty period,Axon agrees to repair or replace the Product.
Axon's sole responsibility under this warranty is to either repair or replace with the same or like Product, at
Axon's option.
7. Warranty Limitations.The warranties do not apply and Axon will not be responsible for any loss,damage,
or other liabilities arising from:(a)damage from failure to follow instructions relating to the Product's use;
(b)damage caused by use with non-Axon products or from the use of cartridges,batteries or other parts,
components or accessories that are not manufactured or recommended by Axon;(c)damage caused by
abuse,misuse, intentional or deliberate damage to the product,or force majeure;(d)damage to a Product
or part that has been repaired or modified by persons other than Axon authorized personnel or without the
written permission of Axon; or(e)if any Axon serial number has been removed or defaced.
2018-339
6/26/18
Res. 031462 Page 1 or 6
Axon Enterprise Inc.
INDEXED
DocuSign Envelope ID:D3EF2016-01 C3-4599-A43A-96r24B9FEABI
AA AXON Axon Enterprise, Inc.'s TASER 60 Terms
and Conditions
To the extent permitted by law,the warranties and remedies set forth above are exclusive and Axon
disclaims all other warranties,remedies,and conditions,whether oral or written,statutory, or
implied, as permitted by applicable law.If statutory or implied warranties cannot be lawfully
disclaimed,then all such warranties are limited to the duration of the express warranty described
above and limited by the other provisions contained in this Agreement.
Axon's cumulative liability to any Party for any loss or damage resulting from any claims,demands,
or actions arising out of or relating to any Axon product will not exceed the purchase price paid to
Axon for the product or if for services,the amount paid for such services over the prior 12 months
preceding the claim. In no event will either Party be liable for any direct,special, Indirect,incidental,
exemplary, punitive or consequential damages,however caused,whether for breach of warranty,
breach of contract,negligence,strict liability,tort or under any other legal theory.
8. Warranty Returns. If a valid warranty claim is received by Axon within the warranty period,Axon agrees to
repair or replace the Product which Axon determines in its sole discretion to be defective under normal use,
as defined in the Product instructions.Axon's sole responsibility under this warranty is to either repair or
replace with the same or like Product,at Axon's option. For warranty return and repair procedures, including
troubleshooting guides, please go to Axon's website www.axon,com/su000rt.
A replacement product will be new or like new and have the remaining warranty period of the original product
or 90 days from the date of replacement or repair,whichever period is longer.Any replacement item becomes
Purchaser's property and the replaced item becomes Axon's property.
9. TASER 60 Warranty Coverage.TASER 60 includes extended warranty coverage for TASER CEW hardware
specifically identified in the Quote and as described in the Hardware Limited Warranty.TASER 60 warranty
coverage starts at the beginning of the Term and continues as long as the Agency continues to pay the
required annual fees for TASER 60 during the Term.The Agency may not have both an optional extended
warranty and TASER 60 on the TASER CEW product.
10. Snare Product. For orders of more than 30 units,Axon will provide a predetermined number of Spare
Product for the TASER CEW hardware listed in the Quote(Spare Products)to keep at the Agency location to
replace broken or non-functioning units in order to improve the availability of the units to officers in the field.
The Agency must return to Axon,through Axon's RMA process,any broken or non-functioning units for
which a Spare Product is utilized,and Axon will repair or replace the non-functioning unit with a replacement
product.Axon warrants it will repair or replace the unit which fails to function for any reason not excluded
by the warranty coverage, during the Term with the same product or a like product at Axon's sole option.
- Within 30 days of the end of the Term,the Agency must return to Axon all Spare Products.The Agency will
be invoiced for and are obligated to pay to Axon the MSRP then in effect for all Spare Products not returned
to Mon.
11. Product Warnings. See our website at www.axon.com for the most current product warnings.
12. Design Changes.Axon reserves the right to make changes in the design of any of Axon's products and
services without incurring any obligation to notify the Agency or to make the same change to products and
RS...Us. n,vme Page 2 of 6
DocuSign Envelope ID:D3EF2016-01 C3-4599-A43A-9672489FEAB1
A AXO N Axon Enterprise, Inc:s TASER 60 Terms
and Conditions
services previously purchased.Axon may replace end of life products with the next generation of that
product without notifying the Agency.
13. TASER 60 Termination. If an invoice for TASER 60 is more than 30 days past due,then Axon may terminate
TASER 60.Axon will provide notification that TASER 60 coverage is terminated. Once TASER 60 coverage is
terminated for any reason,then:
13.1 TASER 60 coverage will terminate as of the date of termination and no refunds will be given.
13.2 The Agency will be invoiced and obligated to pay for the remainder of the MSRP for TASER 60
Products received before the termination date. In the case of termination for non-appropriations,
Axon will not invoice the Agency if the Agency returns the CEW,battery, holster, and unused
cartridges to Axon within 30 days of the date of termination.
13.3 The Agency will be responsible for payment of any missed payments due to the termination
before being allowed to purchase any future TASER 60 plan.
14. Excusable Delays.Axon will use commercially reasonable efforts to deliver all products and services
ordered as soon as reasonably practicable. In the event of interruption of any delivery due to causes beyond
Axon's reasonable control Axon has the right to delay or terminate the delivery with reasonable notice.
15. Proprietary Information.The Agency agrees that Axon has and claims various proprietary rights in the
hardware,firmware, software, and the integration of ancillary materials, knowledge, and designs that
constitute Axon products and services, and that the Agency will not directly or indirectly cause any
proprietary rights to be violated.
16. Import and Export Compliance.In connection with this Agreement,each Party will comply with all applicable
import,re-import,export, and re-export control laws and regulations.
17. Assignment.The Agency may not may assign or otherwise transfer this Agreement without the prior written
approval of Axon.
18. Severability.This Agreement is contractual and not a mere recital.If any portion of this Agreement is held to
be invalid or unenforceable,the remaining portions of this Agreement will remain in full force and effect.
19. Governing Law•Venue.The laws of the state where the Agency is physically located,without reference to
conflict of law rules,govern this Agreement and any dispute of any sort that might arise between the Parties.
The United Nations Convention for the International Sale of Goods does not apply to thisAgreement.
20. Entire Agreement.This Agreement and the quote provided by Axon, represents the entire agreement
between the Parties.This Agreement supersedes all prior or contemporaneous representations,
understandings,agreements, or communications between the Parties,whether written or verbal, regarding
the subject matter of this Agreement. No modification or amendment of any portion of this Agreement will
be effective unless in writing and signed by the Parties to this Agreement.
IN WITNESS WHEREOF,the Parties hereto have caused this Agreement to be duly executed.Each Party warrants and
represents that its respective signatories whose signatures appear below have been and are,on the date of signature,
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DocuSign Envelope ID:D3EF2016-D1C3-4599-A43A-9672489FEAB1
AXDNAxon Enterprise, Inc.'s TASER 60 Terms
and Conditions
duly authorized to execute this Agreement.
Axon E ?Inc. Agency
Signatu a b6t4 Pvuco L Signature: CY\ --
Name: °bes�o,E�er3', dS�l.l Name:
G. >Q ._-
Title: VP, Sales Operations Title: Pr O
Date:6/20/2018 -- -- - — Date: (a/ oZ- / f
Approved as to form:
c-a-1 3
By ttA41)1
��Zi�(.�'
Assistant City Attorney
For City Attorney
, 0‘ 1 4-142 AUTl1QRict>,
sY CatiRCit._ / 18
CCT"IrTA^u
qh-e a�'1 -ATTEST: Fmk
REBECCA HUERTA
CITY SECRETARY
TASER Assurance Plan (Purchased with TASER 60 Only)
Appendix
TNM. A.on temples,Inc's TASfR 60les m..nd Conddoon.,onRne)
Orspeennone S.MYCewo,..,Service
Version 90
Rele.l.Osie 2119R01t
Page 4 of 6
Docusign Envelope ID:D3EF2016-DIC3-4599-A43A-9672489FEAB1
Ai AXO N Axon Enterprise, Inc.'s TASER 60 Terms
and Conditions
If The TASER Assurance Plan or'TAP"has been purchased in addition to the TASER 60 plan, this Appendix will apply
to the Agency's purchase. TAP provides Upgrade Models at the end of the TAP Term. TAP only applies to the Axon
Product listed in the Quote with the exception of any initial hardware or any software services offered for, by, or
through the Evidence.com website.The Agency may not buy more than one TAP for any one covered Product.
1 TAP Term.The TAP Term start date is based upon the shipment date of the hardware covered under TAP. If
the shipment of the hardware occurred in the first half of the month,then the Term starts on the 1st of the
following month. If the shipment of the hardware occurred in the second half of the month, then the Term
starts on the 15th of the following month.TAP for CEWs is a 5 year term.
2 TAP Upgrade Models.Any Products replaced within 6 months prior to the scheduled upgrade will be deemed
the upgrade. Within 30 days of receiving an upgrade, the Agency must return the original Products to Axon
or destroy the Products locally and provide a certificate of destruction to Axon that includes the serial
numbers for the destroyed Products. If the Agency does not return the Products to Axon or destroy the
Products,Axon will deactivate the serial numbers for the Products received by the Agency.
If the Agency makes all TAP CEW payments, 5 years after the start of the TAP Term, Axon will provide the
Agency with a new CEW that is the same Product or a like Product, in the same weapon class(CEW Upgrade
Model),as well as a battery.The Agency may elect to receive the CEW Upgrade Model anytime in the 5th year
of the TAP term as long as the final payment has been made.
3 TAP Termination. If an invoice for TAP is more than 30 days past due or the Agency defaults on its payments
for the Evidence.com Services,then Axon may terminate TAP and all outstanding Product related TAPs.Axon
will provide notification that TAP coverage is terminated. Once TAP coverage is terminated for any reason,
then:
3.1. TAP coverage will terminate as of the date of termination and no refunds will be given.
3.2. Axon will not and has no obligation to provide the free upgrades.
3.3. The Agency will be responsible for payment of any missed payments due to the termination before
being allowed to purchase any future TAP.
3.4. If the Agency received a credit towards the first TAP payment as part of a trade-in promotion, then
upon cancellation/termination the Agency will be assessed a 8100 cancellation fee for each covered
---- ----product.
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DocuSign Envelope ID'D3EF2018-D1 C3-4599-A43A-9672489FEAB1
A AXON Axon Enterprise, Inc:s TASER 60 Terms
and Conditions
A,A AXON,Axon IHSH and TASER CAM are tracemark o2 Axon Enterprise,Inc,some ofwhich are registered in the US and ot^e countries.For
more eon-nation vises www a'I-1Cnccm/I ga,At rights reserved 8 2018 Axon Enterprise.;nc.
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Page E of 6
DocuSign Envelope ID:D3EF2016-D1C3-4599-A43A-9672489FEAB1 QUOTE
A ><0 N QUOTE: Q-125602-43187.608DM
Issue Date:03/28/2018
_ ♦ Quote Expiration:05/30/2018
Axon Enterprise.Inc. Account Number: 143965
Protect Life.
17800 N 85tH St Start Date: 03/28/2018
Scottsdale,Arizona,85255 Payment Terms:Net 30
United States Delivery Method:Fedex-Ground
Phone: (800)978-2737
Sales Representative: Primary Contact:
Elliott Kelly Donnie Mersing
Phone:+1 5127123580 3618264072
Email:ekelly@taser.com donniem@cctexas.com
Fax: +1 4809910791
BILL TO: SHIP TO:
Corpus Christi Police Dept.-TX Donnie Mersing
P.O.BOX 9016 Corpus Christi Police Dept. -TX
CORPUS CHRISTI,TX 78469 321 JOHN SARTAIN ST.
US CORPUS CHRISTI,TX 78401
US
Year 1
Item Description Quantity List Unit Net Unit Price Total(USD)
Price
Axon Plans&Packages
85181 TASER 60 YEAR 1 PAYMENT: X26P BASIC 200 280.00 230.00 46.000.00
Hardware
11003 HANDLE,YELLOW,CLASS III,X26P 200 0.00 0.00 0.00
11501 HOLSTER, BLACKHAWK,RIGHT,X26P 195 0.00 0.00 0.00
11504 HOLSTER, BLACKHAWK,LEFT,X26P 5 0.00 0.00 0.00
TPPM, BATTERY PACK,TACTICAL, PINKY
22012 200 0.00 0.00 0.00
EXTENDER, X2/X26P
34200 Cartridge-15' 400 0.00 0.00 0.00
Subtotal 46,000.00
Estimated Shipping 0.00
Estimated Tax 0.00
Total 46,000.00
Free Spares
Item Description Quantity List Unit Net Unit Price Total(USD)
Price
Hardware
11003 HANDLE, YELLOW,CLASS III,X26P 2 1,022.00 0.00 0.00
22012 TPPM, BATTERY PACK,TACTICAL, PINKY 2 62.00 0.00 0.00
EXTENDER,X2/X26P
Subtotal 0.00
Estimated Tax 0.00
Total 0.00
Q-125602-43187.608DM
1
DocuSign Envelope ID:D3EF2016-D1C3-4599-A43A-9672489FEAB1
Year 2
Item Description Quantity List Unit Net Unit Price Total(USD)
Price
Axon Plans&Packages
85182 TASER 60 YEAR 2 PAYMENT: X26P BASIC 200 280.00 230.00 46,000.00
Subtotal 46,000.00
Estimated Tax 0.00
Total 46,000.00
Year 3
Item Description Quantity List Unit Net Unit Price Total(USD)
Price
Axon Plans&Packages
85183 TASER 60 YEAR 3 PAYMENT: X26P BASIC 200 280.00 280.00 56,000.00
Subtotal 56,000.00
Estimated Tax 0.00
Total 56,000.00
Year 4
Item Description Quantity List Unit Net Unit Price Total(USD)
Price
Axon Plans&Packages
85184 TASER 60 YEAR 4 PAYMENT: X26P BASIC 200 280.00 280.00 56,000.00
Subtotal 56,000.00
Estimated Tax 0.00
Total 56,000.00
Year 5
Item Description Quantity List Unit Net Unit Price Total(USD)
Price
Axon Plans&Packages
85185 TASER 60 YEAR 5 PAYMENT: X26P BASIC 200 280.00 280.00 56,000.00
Subtotal 56,000.00
Estimated Tax 0.00
Total 56,000.00
Grand Total 260,000.00
Q-125602-43187.608DM
2
DocuSign Envelope ID:D3EF2016-D1C3-4599-A43A-9672489FEAB1
AXO
Discounts (USD)
Quote Expiration:05/30/2018
List Amount 282,168.00
Discounts 22,168.00
Total 260,000.00
"Total excludes applicable taxes and shippinrj
Summary of Payments
Payment Amount (USD)
Year 1 46,000.00
Free Spares 0.00
Year 2 46,000.00
Year 3 56,000.00
Year 4 56,000.00
Year 5 56,000.00
Grand Total 260,000.00
Q-125602-43187.608DM
3