You have chosen to acquire VIEVU products through a three (3) year Straight Shooter 25 option. By selecting this option you are agreeing to pay VIEVU a monthly service fee for each camera you acquire. The Straight Shooter 25 option may not be combined with a VIEVU Solution plan during the contract term. Because you have selected The Straight Shooter 25 option you will not be charged an initial purchase price for the cameras you acquire. Instead, you will be provided the cameras for use during the term of The Straight Shooter 25 option. At the end of The Straight Shooter 25 option, or as otherwise provided in this agreement in the event of early termination, you will own the cameras.
VIEVU also offers its cameras for sale without The Straight Shooter 25 option. If you would rather purchase the cameras outside of The Straight Shooter 25 options, please contact VIEVU for more information. Customers who purchase VIEVU cameras outside of the option will have the choice of separately subscribing to VIEVU’s secure remote data storage and access system, VERIPATROL. Please contact VIEVU for further information on alternative subscription services.
If you mistakenly selected to acquire VIEVU products on The Straight Shooter 25 option or otherwise decide you do not want to acquire cameras through this option, please contact VIEVU within fourteen (14) days of the receipt of the cameras. If you do not opt out of The Straight Shooter 25 option within fourteen (14) days of receipt of the cameras the terms and conditions of this customer agreement will apply to your order.
MONTHLY SERVICE FEE
VIEVU is providing body-worn video cameras identified on the invoice pursuant to these options. You agree to this contract with VIEVU as described in the terms and conditions as to each camera identified on the invoice.
You agree to pay VIEVU a monthly fee for each invoiced camera during the contract term ($25.00 per camera for The Straight Shooter 25 option). The contract term is thirty-six (36) consecutive months commencing on the shipping date identified on the invoice. The monthly fee provides you the use of the cameras identified on the invoice as well as access to VIEVU’s VERIPATROL software. Total payments per invoiced camera for the VIEVU Straight Shooter 25 service plan will be $900.
During the 36 month contract VIEVU remains the owner of the cameras identified on the invoice for The Straight Shooter 25 option. At the conclusion of the contract period the cameras become your property unless otherwise specified in these terms and conditions. At the conclusion of the contract period your VERIPATROL access will continue without interruption at the rates and upon the conditions then in effect. You may at any time during the 36 month contract term for The Straight Shooter 25 option pay the balance of the option and own the cameras without penalty. Please contact VIEVU for further information on paying off the balance of The Straight Shooter 25 option.
EARLY TERMINATION OPTION
You may terminate your contract with VIEVU prior to the end of the 36 month service plan period. If you decide to terminate the contract with VIEVU before the end of the 36 month contract period you agree to alert VIEVU immediately of your decision to terminate, pay an early termination fee and return the camera freight prepaid to VIEVU within 15 calendar days of contract termination. The fee you agree to pay will vary depending on the date the contract is terminated. The following schedule identifies the early termination fee you agree to pay: $350.00 minus $10.00 for each full month of the service commitment that has been completed. You agree that if the contract is terminated early you are still responsible for all monthly payments incurred up to the time of termination as well as the early termination fee.
Damage or destruction of a camera by an intentional act or attempt to open or alter the camera will be treated as an early termination under the terms of this contract.
PRODUCT WARRANTY FOR STRAIGHT SHOOTER 25 OPTION
Incorporated in The Straight Shooter 25 option is VIEVU’s thirty-six (36) month product warranty for each camera listed on the invoice and commencing on the shipping date identified on the invoice. The product warranty is listed below.
You are responsible for maintaining all evidence and videos taken with VIEVU products. You agree to download all videos from VIEVU products before returning to VIEVU for repair or replacement. You agree to indemnify, defend and hold VIEVU harmless in the event VIEVU becomes involved in any claim or action associated with the loss or destruction of any evidence or video on any camera returned to VIEVU for repair or replacement.
The product warranty does not cover intentional damage, use that is not consistent with its intended operation, or any damage caused by an attempt to open or alter the camera.
To submit a claim under the product warranty, the camera must be returned to VIEVU by freight prepaid within The Straight Shooter 25 option period with a description of the cause and nature of the malfunction or damage sustained. VIEVU will repair or replace the camera subject to the terms of the warranty. The repaired or replaced camera will be a current replacement model returned to you freight prepaid.
- Product Warranty. Company warrants to purchaser that the Products purchased through The Straight Shooter 25 option hereunder shall be free from defects in materials and workmanship and shall conform in all material respect to the Specifications for a period of three (3) years from the date of delivery thereof, provided the Product in question has been stored and used in accordance with ordinary industry practices and conditions. The use of non-Company branded or approved accessories or replacement parts may result in damage not covered by warranty. COMPANY DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE.
- Remedies. In the event that a Product does not comply with the product warranty set out above and such non-conforming Product is returned to Company within the warranty period by Purchaser freight prepaid, Company will repair or replace such non-conforming Product at no additional charge to Purchaser; the repaired or replaced Product will be returned to Purchaser, freight prepaid. You agree that product repair or replacement is the sole remedy available for any camera malfunction or failure and agree to indemnify, defend and hold VIEVU harmless in the event any claim is made for remedy, including monetary damages other than as specifically allowed in this paragraph.
- Disclaimer of Warranties. The foregoing express warranties are limited to Customer, are not transferable and are in lieu of any other warranty by Company with respect to Products furnished hereunder. COMPANY GRANTS NO OTHER WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- Limitation of Liability. COMPANY SHALL IN NO EVENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SALE OR USE OF ITS PRODUCTS, WHETHER OR NOT COMPANY HAS ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. IF COMPANY BREACHES ANY PROVISION OF THIS AGREEMENT, PURCHASER’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT IN ANY EVENT EXCEED THE CONTRACT PRICE FOR THE PARTICULAR PRODUCTS. Customer agrees to indemnify and defend Company in the event of any claim for damages associated with malfunction or failure of a camera other than repair or replacement as provided in these Terms and Conditions.
ADDITIONAL CONTRACT TERMS
You agree that you are responsible to pay any personal property tax or other tax associated with the cameras during the service plan period.
This contract represents the full and complete agreement between you and VIEVU and you agree that any other or different agreements or contracts have been incorporated into this contract. You agree that you have not relied upon any other promise, statement or information in deciding to enter this contract.
In the event of any dispute under this contract you agree that the contract will be governed by and interpreted under the laws of Washington State and that any claim or lawsuit based upon or involving the contract may be brought only in the Superior Court of King County, WA or in the United States District Court for the Western District of Washington.