Law Enforcement Sales Terms & Conditions
These Sales Terms & Conditions apply to the LE Agency (“you” or “your”) purchase of all Viridian Weapon Technologies (“Company” or “Viridian” or “We/Us”) products purchased directly from Viridian Weapon Technologies or our authorized distributors. Products sold by Company and its authorized Distributors are expressly subject to and conditioned upon the terms and conditions set forth herein. By signing a quote or Purchase Agreement, issuing a purchase order, or accepting delivery of the product or service, you accept and are bound to the terms and conditions below.
By accepting a Quote or Purchase Agreement, you are entering into a contract and you certify that you have read and agree to the provisions set forth in Quote and Company’s current Sales Terms & Conditions. By providing a Purchase Order Agreement or accepting a quote you represent that you are lawfully able to enter into contracts on behalf of the LE Agency and/or associated Governmental Entity and have the legal authority to bind that entity.
- This Purchase Agreement confirms Customer purchase of Weapon-Mounted Cameras (WMCs) and associated Company products at the volume and price documented in the Quotation, Purchase Order and/or Order Acknowledgment associated with this document and the LE Sales Terms & Conditions applicable to this transaction.
- 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 herein and our Terms & Conditions. By signing the attached quote, 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.
- WARRANTY COVERAGE – See complete provisions of Viridian Limited Warranty for LE WMC products at www.ViridianWeaponTech.com/warranty. 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, its property or property in its custody, and/or loss of use of such property. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, EVEN 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 Agency’s alleged liability associated with its use of the product.
- Return Policies – 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.
- Quotes – A quotation is an offer to sell, is valid only for the products listed on the quote at the prices listed on the quote, and is subject to these LE 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 within your purchase order or other writing addressing the subject matter of the transaction will have no force or effect.
- PRICES – 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 which will be added to invoicing.
- Payment Terms – Invoices are due and payable upon receipt of the invoice. We may invoice parts 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.
- Product Warnings – See our website at www.ViridianWeaponTech.com 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 and against 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 party 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 sells 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 out of or in connection with such use or sale.
- Proprietary Information – 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.
- Design Changes – We reserve the right to make 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.
- Severable Provisions – If any provision of this Purchase Agreement and/or the applicable Sales Terms & Conditions are 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.
- Assignment – 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 corporate 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.
- Governing Law – The laws of the state where you are physically located, without reference to conflict of law rules, govern the LE Agency Purchase Agreement terms and conditions and any dispute of any sort that might arise between the parties.