FACT DUTY Terms and Conditions
These LE Agency Purchase Agreement Terms & Conditions apply to your purchase of the Viridian Weapon-Mounted Cameras and related accessories. The products and associated service provisions are expressly subject to and conditioned upon the Terms set forth below and complete LE Agency sales terms and conditions at ViridianWeapontech.com/law-enforcement/fact-duty/terms-and-conditions Terms & Conditions. By signing the attached, issuing a purchase order, or accepting delivery of Company products associated with this quote or applicable signed Purchase Order, you accept and are bound to these Terms.
See complete provisions of Viridian Limited Warranty for LE WMC products here. Company (including all affiliates, officers, employees, contractors, successors and assigns) shall not be liable in the event of failure or malfunction of products for injury to Agency personnel or other persons, loss or damage to Agency, or damages alleged or awarded against Agency associated with loss or damage caused by another party, its property in its custody, and/or loss of use of such property. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PART FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, IF IF THE ALLEGEDLY RESPONSIBLE PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OR PROBABILITY OF SUCH LOSS OR DAMAGE. Agency shall hold harmless and indemnify Company for any and all claims arising out of the Agency's alleged liability associated with its use of the product.
All sales are final and no refunds are allowed, except as provided by state or federal law and as specified in our Warranty policy above.
A quotation is an offer to sell, is valid only for the products listed on the quote at the prices list on the quote, and is subject to these Sales Terms & Conditions, all of which are deemed incorporated into the quote. The quote and Purchase Agreement from Company contains the entire Terms & Conditions associated with the transaction. You may accept a quotation by signing the quote, issuing a PO, or other writing expressing your intention to be bound. Any terms, conditions, or writing addressing the subject matter of the transaction will have no force or effect.
The price of the products and services are set forth in the quote specifically provided to you accompanying this Purchase Agreement (if no quote was provided, pricing will be provided as set forth on our current price list). Prices may not include applicable taxes, shipping, handling, insurance, or similar charges with will be added to invoicing.
Invoices are due and payable upon receipt of the invoice. We may invoice part of an order separately.
Regulations and Restrictions
You agree to comply with all applicable laws, codes, license requirements and controls of the United States and other applicable jurisdictions in connection with the use of Company products.
See our website at ViridianWeaponTech.com/LE for the most current product warnings.
Indemnification/Use of Products
You shall indemnify, defend and hold Viridian and its officers, agents and employees harmless from any and all claims, causes of action, damages, obligations, liabilities, expenses (including reasonable attorney's fees) and costs made against Viridian by third parties, arising out of or in connection with: a. any actual or alleged act or omission of you or your agents on or in connection with the use of any Company products or materials; b. any actual or alleged defect (whether obvious or hidden) in any of your products or materials where Company's products or materials are incorporated into your product, including any actual or alleged personal injury to any part in connection with the incorporation into or use of any of your Products or any actual or alleged infringement of any third party's rights, including without limitation, intellectual property rights, in connection with the use, incorporation into, or distribution of any of the your products incorporating Company's products or materials, or any actual or alleged failure by Purchaser to comply with applicable laws with respect to the use, manufacture, sale, resale, and/or distribution of Seller or Buyer's products or materials incorporating Seller's products or materials.
Products sold by Company are not designed, intended or authorized for use in life support, life sustaining, nuclear, or other applications in which the failure of such Products could reasonably be expected to result in personal injury, loss of life or catastrophic property damage. If your agency uses or sell the Products for use in any such applications: (1) you acknowledge that such use or sale is at your sole risk; (2) You agrees that Company and the manufacturer of the Products are not liable, in whole or in part, for any claim or damage arising from such use; and (3) Buyer agrees to indemnify, defend and hold Seller and the manufacturer of the Products harmless from and against any and all claims, damages, losses, costs, expenses and liabilities arising our of or in connection with such use or sale.
You agree that we have and claim various proprietary rights in the hardware, firmware, software and the integration of ancillary materials, knowledge and designs that constitute or products and associated services, and that you will not directly or indirectly cause any proprietary rights to be violated.
We reserve the right to make any changes in design of any of our products and services without incurring any obligation to notify you or to make the same change to products and services previously purchased.
If any provision of the applicable Sales Terms & Conditions are found by a Court of competent jurisdiction to be invalid or unenforceable, than 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.
Neither party may assign or otherwise transfer this Agreement or any of its rights and obligations under this Agreement without the prior written approval of the other party; except that we may assign or otherwise transfer this Agreement or any of our rights or obligations under this Agreement without your consent (a) for financing purposes; (b) in connection with a merger, acquisition or sale of all or substantially all of our assets or the products involved in this transaction; (c) as part of a corproate reorganization or to a subsidiary corporation. Subject to the foregoing and an executed contractual agreement between the parties, this Agreement will be binding upon and inure to the benefit of the parties and their respective successors and assigns.
Any LE Agency Purchase Agreement, along with, as applicable, the Quote, Terms & Conditions found at ViridianWeaponTech.com/LE/Sales Terms & Conditions, constitute the entire agreement between the parties. These AG Agency Purchase Agreement 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, expect that if any of Company's LE Sales Terms and Conditions contained at ViridianWeaponTech.com conflict with negotiated terms and conditions of specific contract documents including this LE Agency Purchase Agreement, the specific contract documents will control.
The laws of the state where you are physically located, without referance to conflict of law rules, govern the LE Agency Purchase Agreement terms and conditions and may dispute of any sort that might arise between the parties.
LIMITED WARRANTY FOR LE EVIDENTIARY PRODUCTS
Viridian® warranties for 2 years after purchase that its CAM model products including the FACT WMC products and X Series Gen 3 with Camera, will be free from defects in material and workmanship. Viridian® will repair or replace, at its option, any product or part which is found to be defective under normal use and service, without charge. Viridian's® obligation to repair or replace, at Viridian's option, shall be the purchaser's sole and exclusive remedy under this warranty.
Disassembly, modification or otherwise opening up the housing of the unit or any product misuse by the customer voids the warranty. Warranty does not apply to damage due to accident or natural disaster. Warranty does not extend to battery leakage, depletion or decline in performance due to normal aging or to battery issues caused by misuse. See battery specifications, operational instructions and warning is manual available at ViridianWeaponTech.com/Product-Manuals. This warranty extend only to the original owner and only to CURRENT products listed on the website. Warranty does not apply to discontinued or closeout items. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, OTHER THAN AS SET FORTH ON THIS PAGE, AND LASER AIMING SYSTEMS CORPORATION DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LASER AIMING SYSTEMS CORPORATION SHALL NOT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH PRODUCT USE OR PERFORMANCE.