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Master Services and Purchasing Agreement for Customer
<br />Title: Master Services and Purchasing Agreement between Axon and Customer
<br />Department: Legal
<br />Version: 22
<br />Release Date: 8/2/2024 Page 13 of 44
<br />7.Warranty.
<br />7.1.Limited Warranty. Axon warrants that Axon-manufactured Devices are free from defects in workmanship and
<br />materials for one (1) year from the date of Customer’s receipt, except Signal Sidearm which Axon warrants for
<br />thirty (30) months from Customer’s receipt and Axon-manufactured accessories, which Axon warrants for
<br />ninety (90) days from Customer’s receipt, respectively, from the date of Customer’s receipt. Used conducted
<br />energy weapon ("CEW") cartridges are deemed to have operated properly. Extended warranties run from the
<br />expiration of the one (1) year hardware warranty through the extended warranty term purchased.
<br />7.2.Disclaimer. All software and Axon Cloud Services are provided "AS IS," without any warranty of any
<br />kind, either express or implied, including without limitation the implied warranties of merchantability
<br />and fitness for a particular purpose. Axon Devices and Services that are not manufactured, published
<br />or performed by Axon ("Third-Party Products") are not covered by Axon’s warranty and are only
<br />subject to the warranties of the third-party provider or manufacturer.
<br />7.3.Claims. If Axon receives a valid warranty claim for an Axon-manufactured Device during the warranty term,
<br />Axon’s sole responsibility is to repair or replace the Axon-manufactured Device with the same or like Axon-
<br />manufactured Device, at Axon’s option. A replacement Axon-manufactured Device will be new or like new.
<br />Axon will warrant the replacement Axon-manufactured Device for the longer of (a) the remaining warranty of
<br />the original Axon-manufactured Device or (b) ninety (90) days from the date of repair or replacement.
<br />7.3.1.If Customer exchanges an Axon Device or part, the replacement item becomes Customer’s property,
<br />and the replaced item becomes Axon’s property. Before delivering an Axon-manufactured Device for
<br />service, Customer must upload Axon-manufactured Device data to Axon Evidence or download it and
<br />retain a copy. Axon is not responsible for any loss of software, data, or other information contained in
<br />storage media or any part of the Axon-manufactured Device sent to Axon for service.
<br />7.4.Spare Axon Devices. At Axon's reasonable discretion, Axon may provide Customer a predetermined number
<br />of spare Axon Devices as detailed in the Quote ("Spare Axon Devices"). Spare Axon Devices are intended to
<br />replace broken or non-functioning units while Customer submits the broken or non-functioning units, through
<br />Axon’s warranty return process. Axon will repair or replace the unit with a replacement Axon Device. Title and
<br />risk of loss for all Spare Axon Devices shall pass to Customer in accordance with shipping terms of this
<br />Agreement. Axon assumes no liability or obligation in the event Customer does not utilize Spare Axon Devices
<br />for the intended purpose.
<br />7.5.Limitations. Axon’s warranty excludes damage related to: (a) failure to follow Axon Device use instructions;
<br />(b)Axon Devices used with equipment not manufactured or recommended by Axon; (c) abuse, misuse, or
<br />intentional damage to Axon Device; (d) force majeure; (e) Axon Devices repaired or modified by persons other
<br />than Axon without Axon’s written permission; or (f) Axon Devices with a defaced or removed serial number.
<br />Axon’s warranty will be void if Customer resells Axon Devices.
<br />7.5.1.To the extent permitted by law, the above warranties and remedies are exclusive. Axon
<br />disclaims all other warranties, remedies, and conditions, whether oral, written, statutory, or
<br />implied. If statutory or implied warranties cannot be lawfully disclaimed, then such warranties
<br />are limited to the duration of the warranty described above and by the provisions in this
<br />Agreement. Customer confirms and agrees that in deciding whether to sign this Agreement,
<br />Customer has not relied on any statement or representation by Axon or anyone acting on behalf
<br />of Axon related to the subject matter of this Agreement that is not in this Agreement.
<br />7.5.2.With the exception of the indemnification of Agency by Axon for violation of intellectual
<br />property rights as set forth in Section 14, Axon's cumulative liability to any Party for any loss
<br />or damage resulting from any claims, demands, or actions arising out of or relating to any Axon
<br />product will not exceed Three Million Dollars ($3,000,000). In no event will either Party be liable
<br />for any direct, special, indirect, incidental, exemplary, punitive or consequential damages,
<br />however caused, whether for breach of warranty, breach of contract, negligence, strict liability,
<br />tort or under any other legal theory.
<br />7.6.Online Support Platforms. Use of Axon's online support platforms (e.g., Axon Academy and MyAxon) is
<br />governed by the Axon Online Support Platforms Terms of Use Appendix available at www.axon.com/sales-
<br />terms-and-conditions.
<br />7.7.Third-Party Software and Services. Use of software or services other than those provided by Axon is
<br />governed by the terms, if any, entered into between Customer and the respective third-party provider, including,
<br />without limitation, the terms applicable to such software or services located at www.axon.com/sales-terms-
<br />and-conditions, if any.
<br />ATTY/AGR.2025.099/AXON ENTERPRISE, INC. (AXON TASER 10 UPGRADE) (Page 25 of 66)
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