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
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.