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.