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About AGNC
Founder
Products
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AGNC® Terms and Condition of Sales

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  1. 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.


  2. 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.


  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

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