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166914 12/10/2008 CITY OF CARMEL, INDIANA VENDOR: 00352614 Page 1 of 1 ~f l ONE CIVIC SQUARE TASER INTERNATIONAL CHECK AMOUNT: $450.00 CARMEL, INDIANA 46032 PO BOX 29661 -2018 PHOENIX AZ 85038 -9661 CHECK NUMBER: 166914 CHECK DATE: 12/1012008 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1110 4239010 SI1135810 450.00 AMMUNITIONS ACCESSO Remit Payment to: I I TAS R PO BOX 29661 -2018 invoice date 11/20/2008 P R O T E C T L I F E PHOENIX, AZ 85038 -9661 Page 1 of 2 Ph: (480) 991 -0797 Sales order SO 000152872 Fax: (480) 991 -0791 Purchase order Dwight Frost sales @taser.com Your ref Bill my Department www.taser.com Sales rep RMA Payment Net 30 Customer account 209132 RMA number RMA107865 BILL TO: SHIP TO: CARMEL POLICE CARMEL POLICE 3 CIVIC SQUARE ATTN: DWIGHT FROST ACCOUNTS PAYABLE 3 CIVIC SQUARE CARMEL, IN 46032 CARMEL, IN 46032 Item number Size Color Description Ordered Shippe Backordered Unit price Amount 2610 X26 Handie Bta& R­, 7 '1" c7.0 t 62010 X26 RETURN 1" 1 0 450.00 450.00 BLACK/SILVER, XDPM TO REPLACE X00 165574 Please see reverse side for return and exchange policy. All past due accounts will be Sales Amount 450.00 charged 1.5% per month. Shipping and handling charges are non refundable. All shipments Misc. /Handling 0.00 FOB Scottsdale. Shipping Freight 0.00 Sales Tax 0.00 Payment due 1212012008 Total 450.00 Amount Received 0.00 BALANCE DUE 450.00 US TASER International Page: 2 2 SALES TERMS AND CONDITIONS 1. Payment Terms. All orders must be paid for in advance of shipment unless prior credit arrangements have been agreed to with TASER International, Inc. "TASER Fax orders to 480 991 -0791 to expedite delivery. Payment terms are net 30 days for approved credit. All sales are final and no refunds are allowed. Prices are subject to change without prior notice. Purchaser is responsible for paying all applicable sales taxes and any applicable use, excise or similar taxes must be impounded and paid by Purchaser. TASER's FIN is 860741227. 2. Freight. All orders are shipped F.O.B. TASER's facility in Scottsdale, AZ via common carrier. Delivery is typically 4 -6 weeks after receipt of order. Title and risk of loss pass to the Purchaser upon delivery to the common carrier by TASER. Freight charges shall be invoiced to Purchaser as a separate line item. 3. AFID Registration. Purchaser must complete and return to TASER the AFID registration card that is included with the TASER Product. Failure to promptly return the AFID registration card will void any TASER warranty. 4. Regulations and Restrictions. Certain states and cities prohibit or regulate the sale and use of the TASER Products. Please contact TASER customer support for a list of states and cities that prohibit or regulate the sale and use of the TASER Products. 5. Export Restrictions. Shipping the TASER Products out of the United States is restricted by US federal law and neither the TASER Product nor its technology can be exported out of the US without a validated export license issued by the Department of Commerce. 6, Limited Warranty. TASER warrants that its TASER products are free from defects in workmanship and materials for a period of one year from the date of purchase. TASER agrees to repair or replace such defective product which, under normal use as defined in the written and video instructions that accompanied the product at time of purchase, fails to function within the warranty period provided that the disclosed defect is determined to be TASER's fault. Purchase may purchase an extended warranty from TASER. After the warranty period, TASER will repair or replace any defective TASER M26 device for a charge of $75.00 and a TASER X26 device for a minimum charge of $150.00 or replace on a prorated replacement schedule as specified on the TASER website. The purchaser has the responsibility to return the defective product to TASER via prepaid postage and provide written information as to the nature of the defect together with proof of purchase within one year (P0, invoice or purchase affidavit) or a check /credit authorization for $75.00 for the M26 and $150.00 for the X26. In the event the returned TASER X26 can not be repaired, you will be charged the replacement cost on a prorated replacement schedule as specified on the TASER website. TASER's sole responsibility under this warranty shall be to either repair or replace, at TASER's sole option, any such product determined to be defective by TASER and return it via prepaid postage. Air cartridges that are Fred are deemed to have operated properly. Batteries and TASER manufactured accessories are covered under a limited 90 day warranty. Non -TASER manufactured accessories are covered under the manufacturer's warranty. This warranty is TASER's only warranty and may not be changed or enlarged by any agent, distributor, dealer or other person. This warranty shall be void and TASER shall not be responsible for any loss, damage or other liabilities arising from alterations, additions, or repairs which are made to the TASER Product by other than TASER authorized personnel or from the use of air cartridges, batteries or other parts or accessories that are not manufactured or recommended by TASER.. To register a claim under this warranty, first obtain a Return Material Authorization "RMA number within the warranty period from TASER through TASER's website. If you don't have internet access, then contact TASER by mail or toll free telephone number at 800 418 9283. TASER will advise what parts need to be returned for repairs. Mail the defective parts with postage prepaid together with a written description of the defect to: TASER International, Inc., 17800 North 85th Street, Scottsdale, Arizona 85255 Attn: Warranty Department. Please note the RMA number on the outside of the package. Please provide your name, address, and phone number of where to return the repaired items. Failure to provide the required information may delay the return of the repaired items. 7. Warranty Exclusions. THE WARRANTY STATED ABOVE IS THE EXCLUSIVE WARRANTY WITH RESPECT TO THIS PRODUCT. TASER DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, DESIGN OR FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, OR ANY WARRANTY AGAINST PATENT INFRINGEMENT. IF THE EXCLUSION OF IMPLIED WARRANTIES IS PROHIBITED BY STATE LAW, THEN ANY APPLICABLE IMPLIED WARANTIES SHALL BE LIMITED TO THE DURATION OF THE EXPRESS WARRANTY DESCRIBED ABOVE AND OTHER PROVISIONS CONTAINED HEREIN. 8. Release. PURCHASER AGREES TO RELEASE TASER FROM ANY AND ALL LIABILITY ARISING OUT OF DEPLOYMENT, USE OR MISUSE OF THE TASER PRODUCT, INCLUDING ANY CLAIMS FOR DAMAGES AND PERSONAL INJURIES. PURCHASER AGREES TO ASSUME ALL RISKS OF LOSS AND ALL LIABILITY -FOR -ANY. DAMAGES AND PERSONAL INJURY WHICH_MAY.RESULT_FROM THE_ DEPLOYMENT, USE OR MISUSE OF THE TASER PRODUCT. TASER IS NOT LIABLE FOR THE FAILURE OF THE TASER PRODUCT TO PLRFORNi AND TASER IS NOT LIABLE FOR ANY CLAIMS MADE BY A THIRD PARTY OR BY PURCHASER FOR OR ON BEHALF OF A THIRD PARTY. 9. Limitation of Remedies. THE REMEDIES PROVIDED FOR IN THE ABOVE WARRANTY ARE EXPRESSLY IN LIEU OF ANY OTHER LIABILITY TASER MAY HAVE, INCLUDING INCIDENTAL AND CONSEQUENTIAL DAMAGES. TASER'S CUMULATIVE LIABILITY TO ANY PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS,. DEMANDS, OR.A,CTIONS ARISING OUT OF.OR RELATING TO THE TASER PRODUCT SHALL NOT EXCEED THE PURCHASE PRICE PAID TO TASER BY PURCHASER FOR THE PRODUCT. IN NO EVENT WILL TASER BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TASER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED HEREIN. SOME STATES DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Prescrk by State Board of Accounts ACCOUNTS PAYABLE VOUCHER City Form No. 201 (Rev. 1995) CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee F aser International Purchase Order No. P.O. Box 29661 -2018 Terms Phoenix, AZ 85038 -9661 Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 11/20/0 SI11 5810 paymnent for repairs to taser 450.00 Total I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6. 20 Clerk- Treasurer VOUCHER NO. WARRANT NO. ALLOWED 20 As e r International IN SUM OF P.O. Box 29661 -2018 Phoenix, AZ 85038 -9661 450.00 ON ACCOUNT OF APPROPRIATION FOR police general fund Board Members PO# or INVOICE NO. ACCT #/TITLE AMOUNT DEPT. I hereby certify that the attached invoice(s), or 1110 SI1135810 390 -10 450.00 bill(s) is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except December 3 20 08 w Signature Chief of POlice Cost distribution ledger classification if Title claim paid motor vehicle highway fund