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AXCN <br /> problem in the Services has been resolved, which does not include time delays caused by the Agency or <br /> by third parties outside of Axon's reasonable control. <br /> "Services"means all services provided by Axon pursuant to this Agreement. <br /> "Agency Content" means software, data, text, audio, video, images or other Agency content or any of <br /> the Agency's end users(a) run on the Evidence.com Services, (b) cause to interface with the Evidence.com <br /> Services, or (c) upload to the Evidence.com Services under the Agency account or otherwise transfer, <br /> process, use or store in connection with the Agency account. <br /> 3 Payment Terms. Invoices are due to be paid within 30 days of the date of invoice. All orders are subject <br /> to prior credit approval. Payment obligations are non-cancelable and fees paid are non-refundable and all <br /> amounts payable will be made without setoff, deduction, or withholding. If a delinquent account is sent to <br /> collections, the Agency is responsible for all collection and attorneys'fees. <br /> 4 Taxes. Unless Axon is provided with a valid and correct tax exemption certificate applicable to the purchase <br /> and ship-to location, the Agency is responsible for sales and other taxes associated with the order. <br /> 5 Shipping; Title; Risk of Loss; Rejection. Axon reserves the right to make partial shipments and <br /> products may ship from multiple locations. All shipments are E.X.W. via common carrier and title and risk <br /> of loss pass to the Agency upon delivery to the common carrier by Axon. The Agency is responsible for all <br /> freight charges. Any loss or damage that occurs during shipment is the Agency's responsibility. Shipping <br /> dates are estimates only. The Agency may reject nonconforming Product by providing Axon written notice <br /> of rejection within 10 days of shipment. Failure to notify Axon within the 10 day rejection period will be <br /> deemed as acceptance of Product. <br /> 6 Returns. All sales are final and no refunds or exchanges are allowed, except for warranty returns or as <br /> provided by state or federal law. <br /> 7 Warranties. <br /> 7.1 Hardware Limited Warranty. Axon warrants that its law enforcement hardware products are <br /> free from defects in workmanship and materials for a period of ONE (1) YEAR from the date of <br /> receipt. Extended warranties run from the date of purchase of the extended warranty through the <br /> balance of the 1-year limited warranty term plus the term of the extended warranty measured after <br /> the expiration of the 1-year limited warranty. CEW cartridges and Smart cartridges that are <br /> expended are deemed to have operated properly. Axon-Manufactured Accessories are covered <br /> under a limited 90-DAY warranty from the date of receipt. Non-Axon manufactured accessories are <br /> covered under the manufacturer's warranty. If Axon determines that a valid warranty claim is <br /> received within the warranty period, Axon agrees to repair or replace the Product. Axon's sole <br /> responsibility under this warranty is to either repair or replace with the same or like Product, at <br /> Axon's option. <br /> For Axon Interview Room purchases only: For Axon Interview Room Products, the following <br /> warranties apply: <br /> Hardware Warranty Period.. <br /> Axis Products 3 years <br /> POS-X Touch Panel 3 years <br /> Industrial Computer Servers 2 years <br /> Louroe Products 1 year <br /> Cisco Switch 1 year <br /> HP Switch 1 year <br /> Tltle: flamer Services end Purchasing Agreement with Eeh1014re <br /> ISlgnatu4 Page 3 of 10 <br /> Deportment t pal <br /> Version: 5.0 <br /> Rehm.*Data: 1152017 <br />