(Continued
from previous page)
-
COMMERCIAL
ITEM:
Buyer agrees that Products offered and sold by AGNC are, and
shall be considered and treated for all purposes as, a “commercial
item” as defined in the Federal Acquisition Regulations
Section 2.101.
-
RIGHTS
IN DATA:
Buyer agrees and acknowledges that under no circumstances has
AGNC offered for sale or license, or actually sold or licensed,
any rights in technical data, trade secrets, or other proprietary
information. AGNC retains all intellectual property rights in
the Products and in any technical data of any kind or nature
provided to Buyer. Buyer receives no license, either express
or implied, with respect to any data or any intellectual property
pertaining to the Products as a result of its Order.
-
ACCEPTANCE
OF PRODUCT:
Buyer's acceptance of product occurs when it receives ownership
upon shipment FOB AGNC’s Simi Valley plant. Such acceptance
shall be final and irrevocable immediately after the date shipped.
-
CANCELLATION POLICY:
Orders are non-cancelable after AGNC’s receipt of Buyer’s
order. AGNC may cancel any order if it is determined that Buyer
made false or misleading representations with respect to any
aspect of the order.
-
COLLECTION POLICY:
AGNC shall have the absolute right to stop performance and take
all necessary legal action in the event of Buyer’s default
in its payment obligations. If AGNC elects to continue performance
and to ship notwithstanding Buyer’s default, that shall
not be deemed a waiver of any right arising from Buyer’s
default including the right to collect amounts past due. No
waiver by AGNC shall be binding unless in writing signed by
AGNC, and no waiver of any right or term shall be deemed a continuing
waver.
-
DELIVERY AND CONTINGENCIES:
AGNC will make every effort to meet Buyer’s desired schedule.
But, all orders are accepted and will be shipped on a "best
efforts" basis exclusively and time shall not be of the
essence. In no event shall AGNC be liable for any delay or lack
of delivery of the product caused by unexpected and uncontrollable
events including but not limited to earthquakes, floods, wind
damage, wars, sabotage, riots, accident, fire, explosion, terrorism,
labor strikes or unrest, fuel shortage, raw materials shortage,
electrical blackouts, machinery failures, technical failures,
or transportation delays, or defaults or failures by subcontractors
or suppliers.
-
PRODUCT
ALTERATIONS:
Products that include customer demanded alterations, modifications
or changes shall have a warranty of between 0 and 90 days as
determined by AGNC.
Continued
|