TASER International, Inc.'s Sales Terms and
Conditions
Direct Sales to End User Purchasers
(applies to all direct purchases by internet or
phone)
(Effective June 27, 2011)
These Sales Terms and Conditions apply to your
purchase of all TASER International, Inc. ("TASER") products
purchased directly from TASER. Goods sold by TASER are expressly
subject to and conditioned upon the terms and conditions set forth
below. By accepting delivery of the product, you accept and are
bound to these Sales Terms and Conditions. Any different or
additional terms set forth by you, whether in your purchase order
or another communication, are expressly objected to and will not be
binding on TASER unless agreed to in writing by an authorized
officer of TASER.
Product Background Checks. Some products require that you
complete a background check before you will be allowed to purchase
the product. For U.S. buyers, the TASER® C2® electronic control
device ("ECD") requires an identification and felony background
check to activate the device. The C2 ECD background check may be
completed via the Internet at http://www.taser.com/activate or by calling
1.888.827.3788. You must complete and pass the C2 ECD background
check to obtain the activation code for the device.
AFID Registration. For the TASER ECDs and TASER cartridges,
you must complete the product registration and, where applicable,
return to TASER the Anti-Felon Identification ("AFID") registration
card that is included with the TASER product. Failure to promptly
return the AFID registration card may void any TASER
warranty.
Final Sales. All sales are final and no refunds are allowed
for TASER law enforcement, military, and corrections products,
cartridges and accessories.
Return Policies; Exchanges for TASER Citizen Products. All
sales are final and no refunds or exchanges are allowed, except as
provided by state or federal law and as specified below:
15-Day Return Period for Certain Devices, Cartridges and
Accessories: The TASER C2 ECD, M26C™ ECD, X26C™ ECD, TASER
cartridges for citizen products, and accessories for citizen
products that are unopened and still in their sealed package may be
returned or exchanged within 15 days from the date of receipt of
the product for a credit or a refund of the purchase price paid,
less shipping and handling, and any applicable restocking fees. For
a TASER C2 ECD to qualify under the 15-day return policy it must
not be activated and no attempted activation may have been made.
Any product returned to TASER without prior authorization from TASER will be
considered an unauthorized return, and the customer will not receive
credit for the product and TASER will not ship the product back to
you.
TASER will not accept any exchanges or returns of TASER C2 ECDs
that have been activated or where activation was
attempted.
Restocking Fees: Unless the product is defective or the
return is a direct result of a TASER error, TASER may charge a
restocking fee of up to 15% of the purchase price paid, plus any
applicable sales tax.
How to Return a Product: Before returning a product, you
must first contact TASER customer service and obtain a Return
Material Authorization ("RMA") number before the end of the
applicable return period. TASER will not accept returns without an
RMA number. See the Product Warranty, www.TASER.com, or contact TASER at 800.978.2737
or +1.480.905.2000 (for International callers) for information on
how to obtain an RMA number. NOTE: You must ship the product to
TASER within 5 days of the date that TASER issues the RMA number as
follows:
•ship back all products you are seeking to return to
TASER and for which you received a RMA number. For partial returns,
your credit may be less than the invoice or individual component
price due to bundled or promotional pricing or any unadvertised
discounts or concessions;
•return the products in their original packaging, in
as-new condition, along with any media, documentation, and any
other items that were included in your original
shipment;
•ship the products at your expense, and insure the
shipment or accept the risk of loss or damage during
shipment;
•place the RMA number on the outside of the
package;
•include proof of purchase of the product (receipt,
purchase order, or invoice); and
•include your name, address, and phone number of where
to send the exchange item or the product credit or
refund.
Upon receipt of your return, TASER will issue a
credit or a refund of the purchase price paid, less shipping and
handling, and any applicable restocking fees subject to this
policy.
If you fail to follow the return or exchange
instructions and policies provided by TASER, TASER is not
responsible for product that is lost, damaged, modified, or
otherwise processed for disposal or resale.
Payment Terms. Terms of payment are within TASER's sole
discretion, and unless otherwise agreed to by TASER, payment must
be received by TASER prior to TASER's acceptance of an order.
Payment for the products will be made by credit card, wire
transfer, or some other prearranged payment method unless credit
terms have been agreed to by TASER. Invoices are due and payable
within the time period noted on your invoice, measured from the
date of the invoice. TASER may invoice parts of an order
separately. Your order is subject to cancellation by TASER, in
TASER's sole discretion. TASER is not responsible for pricing,
typographical, or other errors in any offer by TASER and reserves
the right to cancel any orders resulting from such
errors.
Taxes. Unless you provide TASER with a valid and correct
tax exemption certificate applicable to your purchase of product
and the product ship-to location, you are responsible for sales and
other taxes associated with the order.
Shipping; Title; Risk of Loss. SShipping and handling are
additional unless otherwise expressly indicated at the time of
sale. TASER reserves the right to make partial shipments unless
specifically stated otherwise on your purchase order. Products may
ship from multiple locations. Title and risk of loss passes from
TASER to you on upon delivery to the common carrier by TASER. Any
loss or damage that occurs during shipment is your responsibility.
You must promptly file claims for damaged items with the freight
carrier. Shipping dates are estimates only. Delivery is typically
2–6 weeks after receipt of order or payment.
Excusable delays. TASER will use commercially reasonable
efforts to deliver all products ordered by you as soon as
reasonably practicable. In the event of interruption of any
delivery due to causes beyond the reasonable control of TASER,
including but not limited to force majeure, fire, labor
disturbances, riots, accidents, or inability to obtain necessary
materials or components, TASER has the right, in its sole
discretion and upon oral or written notice to you, to delay or
terminate the delivery.
Not For Resale or Export. You agree and represent that you
are buying only for your own use only, and not for resale or
export. Shipping TASER products out of the United States is
restricted by U.S. federal law and neither the TASER product nor
its technology can be exported out of the U.S. without a validated
export license issued by the U.S. Department of Commerce and a
signed BIS-711 on file with TASER.
Regulations and Restrictions. You agree to comply with all
applicable laws, codes and license requirements, and controls of
the United States and other applicable jurisdictions in connection
with the use of TASER products including your acceptance of
responsibility for the payment of any relevant taxes or duties.
Please go to the TASER website (www.TASER.com) or contact TASER‟s Customer
Service Department for a list of known regulations and restrictions
regarding the sale, possession, and use of TASER products. You are
responsible for understanding and verifying all local laws,
regulations, and restrictions.
Warranty; Exclusions and Limitations; Release. See TASER's
website (www.TASER.com) for warranty provisions,
warranty exclusions, release and any limitations of
liability.To
the extent permitted by law, TASER's warranty and the remedies set
forth in that warranty are exclusive and in lieu of all other
warranties, remedies, and conditions, whether oral or written,
statutory, express or implied, as permitted by applicable law,
TASER specifically disclaims any and all statutory or implied
warranties, including without limitation, warranties of
merchantability, design, fitness for a particular purpose, arising
from a course of dealing, usage or trade practice, warranties
against hidden or latent defects, and warranties against patent
infringement. If TASER cannot lawfully disclaim statutory or
implied warranties than to the extent permitted by law, all such
warranties are limited to the duration of the express warranty
described above and limited to the other provisions contained in
the warranty document.
The remedies provided for in the warranty are expressly in lieu
of any other liability TASER may have. TASER'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 TASER product
will not exceed the purchase price paid to TASER by Buyer for the
product, notwithstanding third party purchases. In no event will
TASER 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, even if
TASER has been advised of the possibility of those damages or if
those damages could have been reasonably foreseen, and
notwithstanding any failure of essential purpose of any exclusive
remedy provided in the warranty. Some local laws 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. TASER disclaims any representation that it will be
able to repair any product under this warranty or make a product
exchange without risk to or loss of programs or
data.
Buyer agrees to release and save TASER harmless from any and
all liability arising out of the deployment, use or misuse of the
TASER product, including any claims for damages and personal
injuries. Buyer 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 perform and TASER is
not liable for any claims made by a third party or by Buyer for or
on behalf of a third party.
Product Warnings. See TASER's website at www.TASER.com for the most current product
warnings.
Proprietary information. You agree that TASER has and
claims various proprietary rights in the hardware, firmware,
software, and the integration of ancillary materials, knowledge,
and designs that constitute TASER products, and that you will not
directly or indirectly cause any proprietary rights to be
violated.
Design changes. TASER reserves the right to make changes in
design of any of its products without incurring any obligation to
notify you or to make the same change to products previously
purchased.
Severable Provisions. If any provision of these Sales Terms
and Conditions is found by a court of competent jurisdiction to be
invalid or unenforceable, then the remainder will have their full
force and effect and the invalid provision will be modified or
partially enforced by the court to the maximum extent permitted by
law to effectuate the purpose of this agreement.
Entire Agreement. These Sales Terms and Conditions
constitute the entire agreement between the parties. These Sales
Terms and Conditions supersede and replace any prior agreement or
understanding between the parties, including any oral
representations concerning the subject matter of this agreement.
Any prior or extrinsic representations or agreements are intended
to be discharged or nullified.
Governing law.The laws of the State of Arizona, U.S.A.
govern this transaction and agreement, without regard to conflicts
of law.
M26C™, X26C™,'Protect Life' and the bolt
logo are trademarks are trademarks of TASER International, Inc.,
C2® and TASER® are registered trademarks of TASER International,
Inc., registered in the U.S.
© 2011 TASER International, Inc. All rights reserved.
