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10. COMPLIANCE WITH LAWS:
    All buyers, whether residing in the United States or in any foreign country, agree to comply with all United States Federal, State, and Local Laws and regulations, including but not limited to those pertaining to control of exports in the Export Administration Act and the Export Administration Regulations, and the International Traffic in Arms Regulations (ITAR).
    
    
11. INDEMNIFICATION FOR PRODUCT APPLICATION:
    Buyer agrees to indemnify, defend, and hold harmless AGNC from any and all claims, causes of action, attorney’s fees or costs arising out of or in any way related to Buyer’s application or use of AGNC’s products.
    
    
12. BUYER’S REMEDIES:
    In the event of breach or repudiation of this agreement by AGNC not related to Warranty obligations, Buyer’s damages shall be limited to and shall never exceed the agreed order price of the products. In no event shall Buyer be entitled to incidental or consequential damages nor shall Buyer have the right to "cover" and establish damages by contracting for substitute goods.
    
    
13. TAXES:
    Buyer is responsible for any taxes applicable to the products. AGNC prices do not include any taxes. The buyer is responsible to provide AGNC their certification of tax status and exemption from payment, if any.
    
    
14. SHIPPING/DELIVERY:
    All orders are shipped FOB American GNC’s Simi Valley plant and ownership and risk of loss transfers at that time. Prices do not include shipping. Unless otherwise requested, all orders are shipped by UPS, Federal Express or US Post Office at customer expense. If other means are desired customer must specify no later than 10 days before scheduled ship date; such shipments are also at customer expense.
    
    
15. PAYMENT:
    Unless otherwise expressly agreed, payment terms are credit card upon notification to buyer that products are ready to be shipped. Payment may be net 30 days of invoice date if credit approved in advance. Late payments shall be subject to a charge of 2% per month. International orders must be paid via check received and cleared in advance of shipment, or by wire transfer or letter of credit.
    
    
16. APPLICABLE LAW:
    Any legal action pertaining to an order shall be governed by the laws of the State of California. The State or Federal courts with jurisdiction in Ventura County, California shall be the exclusive venue for any such legal action and Buyer hereby consents to such exclusive jurisdiction and venue.
    
    
17. SEVERABILITY OF TERMS:
    If any phrase, clause or provision shall be declared void or unenforceable by a court with jurisdiction, the validity of any other provision shall not be affected thereby.
    
    
18. ENTIRE AGREEMENT:
    These Terms and Conditions of Sale are the entire agreement between AGNC and Buyer relating to the products ordered. No addition or modification of any of these terms shall be binding upon AGNC unless in writing and signed by a duly authorized representative of AGNC at AGNC’s Simi Valley, California headquarters.

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