AGNC Home
About AGNC
Founder
Products
Employment
Contact Us
AGNC Home
About AGNC
Founder
Products
Employment
>> Products       >> Place an Order          >>Request Information
AGNC® Terms and Conditions of Sale

These Terms and Conditions of Sale are the exclusive terms of American GNC Corporation’s (AGNC) sale and Buyer’s purchase of the goods or services ordered by Buyer. AGNC’s acceptance of Buyer’s order is specifically conditioned on Buyer’s agreement to these terms. Issuance of an order constitutes Buyer’s unqualified acceptance of these Terms and Conditions of Sale. AGNC does not agree to any term whatsoever that may be contained in Buyer’s purchase order or any other document. Buyer’s use of standard forms to confirm or to issue an order is agreed to be for convenience only, and no term or condition of such standard form shall apply to an order. Any additional or different terms proposed by Buyer are hereby rejected and are of no force or effect unless stated in a document signed by an authorized employee of AGNC. AGNC’s failure to object to any provision in any communication from Buyer shall not be a waiver of the provisions of these Terms. There shall be no contract except upon these terms and conditions.

  1. DEFINITIONS:
    “Buyer” means the party purchasing Products from AGNC. “Product” means all articles, materials, work or services offered by AGNC in the quotation, acknowledgment, invoice or other communication from AGNC. “Order” means any Purchase Order or document of a contractual nature issued by Buyer for Products offered or provided by AGNC.
  2. LIMITED WARRANTY AND LIMITATION OF LIABILITY:
    a. Warranty: AGNC warrants its products to be free from defects in workmanship and material for a period of ninety days from the date shipped. AGNC’s responsibilities under the warranty are, at its option, to repair or to replace any defective unit within a reasonable time from receipt and a determination that this warranty applies. Warranty period for products repaired or replaced shall be for the balance of the original warranty.
    b. Conditions of Warranty: AGNC’s warranty obligation is conditioned on receipt of the product purchased by Buyer at AGNC’s facility, 888 Easy Street, Simi Valley, CA 93065 within the warranty period. Buyer is responsible for the cost of returning product including proper packaging. However, before returning a product under warranty, Buyer must obtain a Return Material Authorization (RMA) Number from AGNC. The buyer is required to provide a detailed written explanation of the failure. AGNC will examine and test the returned product. If no defect is found, Buyer will be notified and the product will be returned at Buyer’s expense and Buyer agrees to pay AGNC’s reasonable charges for that examination.
    c. Exclusions from Warranty: This warranty is contingent upon normal use of the product by the buyer. AGNC’s warranty shall be void if the product has been opened, broken into, or if the warranty seal has been broken, or if the serial number has been altered, defaced or removed. This limited warranty does not cover damage or loss resulting from physical abuse, neglect, misuse, damage in shipping, accident, improper insulation, operation in an improper environment, or operation in extreme vibration or temperature conditions. Further, Buyer assumes all risks involved in the use of the AGNC product and agrees that it has sole responsibility and liability for use of AGNC’s product. Buyer’s use of, or inability to use, the AGNC product shall not render AGNC or its distributors, sales representatives, or suppliers, liable for any form of damages, expenses, loss of profits, loss of savings, interruption of business activities, loss of data, attorney's fees or any other form of damage, even if AGNC or its representatives have been advised that such damages are possible. Buyer acknowledges that the price of AGNC’s products do not reflect an element or premium that accounts for such risks.
    d. Exclusive Remedy: These provisions state the sole and exclusive remedy of Buyer or any other person against AGNC with respect to the sale, purchase, or use of AGNC products. Except as expressly stated, AGNC products are provided "as is" without warranty of any kind. There are no other warranties, either expressed or implied with respect to AGNC products. THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR TITLE, OR NON-INFRINGEMENT, OR ANY AND ALL OTHER WARRANTIES THAT MAY ARISE FROM USAGE OF TRADE OR OTHERWISE, ARE EXPRESSLY EXCLUDED. In no case shall AGNC be liable for any incidental or consequential damages of any kind or nature whatsoever, whether claimed under theory of contract, tort or otherwise. In no event shall AGNC’s liability exceed the purchase price of the product.

Continued

 
[ Home | About AGNC | Founder | Products | Employment | Contact Us ]
 
Copyright©1986- 2017 American GNC Corporation
All Rights Reserved.