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HomeMy WebLinkAboutAxon Enterprise Inc 2018-05-31 Axon Enterprise, Inc. Proteci Life. 17800 N 85th St. Scottsdale,Arizona 85255 United States AXON Phone: (800)978-2737 Fax:(480)378-6152 Chris Dewey (707)463-6242 Quotation (707)462-6068 cdeweyc�z?cityofulciah.com Quote: Q-159104-2 Date: 5/17i2018 4:59 PM Quote Expiration: 5;1)1;`2018 Contract Start Date': 5121/2018 Contract Term: 5 years AX Account Number: 184872 Bill To: Ship To: Ukiah Police Dept.-CA Chris Dewey 300 Seminary Avenue Ukiah Police Dept.-CA Ukiah,CA 95482 300 Seminary Avenue US Ukiah,CA 95482 LJS SALESPERSON PHIO,NE ENIAII, DELIVERYiIETIIOD PAYiMENT.Nirr OD Jason Maxwell (480)502-6201 jmaxwellfrltaser.coni Fedex-Ground Net 30 'Note this will van based on the shipment date ofthe product Initial Payment-Taser 60 Year I QTY ITEINI H DESCRIPTION t'NIT TOTAL BEFORE DISCOI N1 (S) NE'l TOTAL PRICE DISCOUNT 35 85705 1'ASER 60 YEAR I PAYM1"N'l. X261' USD 395M USD 13,825.00 GSD 3,500.00 USD 10,325.00 IJNLIMiI'ED 35 11002 HANDLE,BLACK.Cl ASS 111,X2611 USD 0.00 USD 0.00 USD 0,00 USD 0 00 35 70116 PPM,SIGNAL USD 0,00 USD 0.00 USD 0.00 USD 0.00 35 11501 HOLSTER,BLACKI lAWK,RIGI ET,X2611 USD 0.00 USD 0.00 USD 0.00 USD 0.00 103 44205 Cartridge-Simulation USD 0.00 USD 0.00 USD 0,00 USD 0.00 105 44203 CARTRIDGE;-25'HYBRID USD 0.00 USD 0.00 USD 0.00 USD 0.00 1 22013 KI7',DATAPORT DOWNLOAD,USB,X2 USD 188.00 USD 188.00 USD 188.00 USD 0 00 X26P Initial Payment-Taser 60 Year I Total Before Discounts: USD 14,013.00 Initial Payment-Taser 60 Z'ear I Discount: USD 3,688,00 Initial Payment-Taser 60 Year I Net Amount Due: USD 10,325 00 Page I of 3 Taser 60 Year 2-2019 QTY ITEA1# DESCRIPTION UNIT TOTAL BEFORE. DISCOUNT(S) NET TOTAL PRICE DISCO[NT 35 85706 TASER 60 YEAR 2 PAY MEW:X26P USD 395.00 USD 13,825.00 USD 0.00 USD 13,825.00 UNLIMITED Taser 60 Year 2-2019 Total Before Discounts: USD 13,825.00 Taser 60 Year 2-2019 Net Amount Due: USD 13,825.00 Taser 60 Year 3-2020 QTY ITEA1 H DESCRIPTION' UNIT TOTAL BEFORE DISCOUNT(S) NET TOTAL PRICE: DISCOI N'T 35 85707 TASER 60 YEAR 3 PAYMENT:X26P 1JSD 395,00 USD 13,825 00 USD 0.00 USD 13,825 00 UNLIMITED Taser 60 Year 3-2020 Total Before Discounts: USD 13,825 00 Taser 60 Year 3-2020 Net Amount Due: USD 13,825 00 'Taser 60 Year 4-2021 QTY ITEM t! DESCRIPTION UNIT TOTAL BEFORE; DISCOUNT(S) NFT TOTAL. PRICE DISCOI:iNT 35 85708 'TASER 60 YEAR 4 PAYMENT:X26P USD 395.00 USD 13,825 00 USD 0 00 USD 13,825 00 UNLIMITED Taser(i0 Year 4 2021 Total Before Discounts. USD 13,825.00 Taser 60)ear 4-2021 tier Amount Due: USD 13,825.00 'Taser 60 Year 5-2022 QTY 11,01# DESCRIPTION UNIT TOTAL,BFFORE; DISCOUNT(S) NETTOTAL PRICE: DISCOLi\7, 35 85709 TASER 60 YEAR 5 PAYMENT:X2611 USD 395.00 USD 13,825.00 USD 0,00 USD 13,825,00 UNI.IMI'i'ED Taser 60 Year 5-2022 Total Before Miscounts: USD 13,825.00 Taser 60 Year 5-2022 Net Amount Due: USD 13,825,00 Subtotal USD 65,625.00 Estimsted'fas USD 5,824.22 Grand Total USD 71,449.22 Hardware Shipping Estimate typically,hardware shipment occurs between 4 6%cceks after purchase date.Product availability for new or high demand products may impact delivery time. TASER 60 Sales Terms and Conditions This quote contains a purchase under the TASER 60 Plan. If your purchase only includes the'TASER 60 Plan,CF..Ws,and CEW accessories,then this purchase is solely governed by the'FASLR 60 Terms and Conditions posted at:http://vww.axon&grn/Iceal,and the terms and conditions of Axon's Master Services and Purchasing Agreement do not apply to this order.You represent that you are law fully able to enter into contracts and if you are entering into this agreement for an entity,such as the company,municipality,or government agency you work for,you represent to Axon that you have legal authority,to bind that entity. If you do not have this authority,do not sign this Quote. Page 2 of 3 Axon Enterprise, Inc.'s Sales Terms and Conditions for Direct Sales to End User Purchasers By signing this Quote•you are entering into a contract and you certify that you have read and agree to the provisions set forth in this Quote and Axon's Master Services and Purchasing Agreement posted at hV;;L��±nv.axon.com/leeal/sal�ssermsand4 n iti 5.You represent that you are lawfully able to enter into contracts and if you are entering into this agreement for an entity,such as the company,municipality,or government agency you.cork for.you represent to Axon that you have legal authority to bind that entity.If you do not have this authority,do not sign this Quote. Signature: Date: Name(Print): O Title: 04 f'•r POP(if needed): 171 B 7,7i-5 Quote:Q-159104-2 Please sign and email to Jason Maxwell at jmaxtivell'Fiaaser com or fax to(480)378-6152 '1'l IANK YOU FOR YOUR BUSINESS! 'Protect Life'iD and'FASGR(&are registered trademarks of Axon Entcrprise,Inc,registered in the U.S. 0 2013 Axon Enterpnse,Inc All rights rescued Page 3 of 3 (h "TES E P! Certificate of Destruction Agency Name: TYd2_4e_ 14jG14W Quote/PO Number: ASS'0 -Z 1-71 ZLS 1 Product/ Quantity to be destroyed: M26: X26: Other: Customer certifies that all products for which Customer receives a trade-up discount will be removed from service to be destroyed and rendered permanently nonfunctional. Destruction of units should be performed according to Customer's policy. Products traded- in may not be resold or redistributed.TASER is not responsible for Product warranty or liability related to traded-in products, reserves the right to invoice Customer for the discounted amount for any device not destroyed,and reserves the right to require verification that destruction has been performed. Y .► Form completed by: Sign fore i !is acceptable or scan) Printed name, title S ,c?-a - i\%- Date ,. ,......,... Return the signed form to your sales representative along with your purchase order/quote. Protect life' and the'Bolt within Circle' logo are trademarks of TASER International, Inc., and TASER is a registered trademark of TASER International, Inc., registered in the U.S. All rights reserved. Copyright 2014, TASER International, Inc. Axo N Axon Enterprise, Inc.'s TASER 60 �►, Unlimited Terms and Conditions These TASER 60 Unlimited Terms and Conditions(Agreement)apply to your purchase from Axon Enterprise, Inc. (Axon) under TASER 60 Unlimited. TASER 60 Unlimited provides CEW hardware extended warranty coverage, CEW Products, and CEW accessories. The initial delivery,and each year thereafter, will also include 3 training cartridges. For the initial delivery of duty cartridges,X26 users will receive 2 duty cartridges,while X2 users will receive 3 duty cartridges. One PPM battery per user will be delivered to the Agency in Year 3 of this Agreement, unless otherwise requested. In the event the Agency is purchasing TASER 60 Unlimited for use with TASER CAM,the Agency will not receive the PPM or a substitute. 1. Term.The term start date is based upon the initial shipment date of the hardware covered under TASER 60 Unlimited (Start Date).The TASER 60 Unlimited term will end 5 years after the Start Date(Term). 2. TASER_64_UnUmitedReguir_ements. In order to make a purchase under TASER 60 Unlimited,the Agency must purchase the TASER 60 Unlimited plan for each TASER Conducted Electrical Weapon(CEW)user. A CEW user includes an officer that uses a Conducted Electrical Weapon (CEW)in the line of duty,as well as officers that only use a CEW for training purposes. The Agency may not resell cartridges or batteries received under the TASER 60 Unlimited Program. The Agency may only request additional PPMs and duty cartridges as PPMs and duty cartridges are consumed in the line of duty, which will be provided by Axon at no charge. Upon reasonable notice,Axon reserves the right to audit the Agency's use of force records if the Agency is ordering more cartridges or batteries than is customary compared to an Agency of similar size. In the event the audit determines the Agency's use of force records do not support the Agency's reported cartridge and battery use, the Agency will pay the MSRP of each cartridge and battery delivered to the Agency beyond what was supported by the Agency's use of force records. 3. Payment eams.Axon invoices for the TASER 60 Unlimited 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. Payment obligations are non-cancelable and fees paid are non-refundable and all amounts payable will be made without setoff, deduction, or withholding. For users added in the middle of any annual cycle,the Agency will pay a true-up fee for those additional users. These additional licenses will be co-termed with the Agency's existing licenses. Additional users that are added before the third year payment will receive a PPM, while additional users that are added after the third year payment will not receive a PPM. 4. 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. 5. Shiooina:Title: Risk of Loss: Rejection.Axon reserves the right to make partial shipments and products may ship from multiple locations. All shipments are FOB Ukiah (Destination) and title and risk of loss pass to the Agency upon delivery to the Agency by Axon.The Agency is responsible for all freight charges. Shipping dates are estimates only. 6. Returns.All sales are final and no refunds or exchanges are allowed, except for warranty returns or as provided by state or federal law. 7. 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. 8. Warranty Limitatiop _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 Thk: A.m Enwrprim.Ins.'s TASER 66 Unllmlud Terms and Cmdtlonr{Onllns) Uspertrmont SaisslCu9t r SsrWce VrMwn: 3.6 Rsasse Osro: 7J16R616 Page 1 of 4 A X 0 N Axon Enterprise, Inc.'s TASER 60 � Unlimited Terms and Conditions authorized personnel or without the written permission of Axon; or(e) if any Axon serial number has been removed or defaced. 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.The limitation on liability contained in this section does not apply to or in way limit Axon's liability with regards to third party product liability claims, nor shall it apply to Axon's indemnification obligations set forth in Section 13 (IP Indemnification) herein,or to any claims covered by insurance as set forth in Section 10. 9, 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/support . 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. 10. TASER 60 Unlimited Warranty Coverage. TASER 60 Unlimited includes extended warranty coverage for the TASER CEW handle and as described in the Hardware limited Warranty.TASER 60 Unlimited 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 Unlimited during the Term.Th8 Agency may not have both an optional extended warranty and TASER 60 Unlimited on the TASER CEW product. 11. 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 termination of this Agreement for any reason 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 Axon. 12. Product Warnings. See our website at www,axon.com for the most current product warnings. 13. 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 services previously purchased. Axon may replace end of life products with the next generation of that product without notifying the Agency. 14. TASER 60 Unlimited Termination.If an invoice for TASER 60 Unlimited is more than 30 days past due,then Axon may terminate TASER 60 Unlimited. Axon will provide notification that TASER 60 Unlimited coverage is terminated.Once TASER 60 Unlimited coverage is terminated for any reason, then: 14.1. TASER 60 Unlimited coverage will terminate as of the date of termination and no refunds will begiven. 14.2. The Agency will be invoiced and obligated to pay for the remainder of the MSRP for TASER 60 Unlimited 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 TM& Axon Enhrpdm.Ins.'s TASER 60 Uaft ked Tams and Caadllla-(O.Kn j Da Oft salaYwe cumer Ssndn VaMon: 3.0 Rstk.a Os a: )JINMa Page 2 of 4 X/ N Axon Enterprise, Inc.'s TASER 60 ` � /� O Unlimited Terms and Conditions termination. 14.3. The Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TASER 60 Unlimited plan. 14.4. Either party may terminate for cause upon 30 days advance notice to the other Party if there is a material default or breach of this Agreement by the other Party, unless the defaulting Party has cured the material default or breach within the 30-day notice period. In the event the Agency terminates this Agreement due to Axon's failure to cure a material breach or default, Axon will issue a refund of any prepaid amounts on a prorated basis from the date of termination. 15. 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. 16. 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 intentionally cause any proprietary rights to be violated. 17. imRort and Export Com liance.In connection with this Agreement,each Party will comply with all applicable import,re- import, export,and re-export control laws and regulations. 18. Assignment.The Agency may not may assign or otherwise transfer this Agreement without the prior written approval of Axon. 19. 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. 20. 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. 21. Entire Agreement.This Agreement, the TASER Assurance Plan Appendix(if applicable), 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, duly authorized to execute this Agreement. Axon Enterprise, Inc. Ukiah-CA ~ Signature: , _-- Signature: Name: Name: Title: Title: Date: Date: Title: Axon Exterprlw.Ina.'a TASER 60 UO[Wkod I.M.and[ondtd—PWI.a] Do ant Sa[aal'C=om*r Somice ve=: 3.0 Ralaam0aw. VIMOU Page 3 of 4 A XO N Axon Enterprise, Inc.'s TASER 60 . . � Unlimited Terms and Conditions ©,0 AXON,Axon,TASER CAM,and TASER are trademarks of Axon Enterprise,Inc.,some of which are registered in the US and other countries. For more information,visit www.axon.com/legal.All rights reserved.® 2017 Axon Enterprise,Inc. Title: Axe.En»,prim.ln�'.TASER SO U.M.11.4 Toms and Co fth rontl..) Dep.b-": SaleslC.ODMat S-1co V..de.: 3.0 Releew Dam: 7H VM16 Page 4 of 4