Semano Standard Terms and Conditions

Semano Inc 

31757 Knapp St. Hayward, CA. 94544 

SEMANO INC. STANDARD TERMS AND CONDITIONS 

1. Semano Inc warrants that processing and finishing shall meet customer’s specifications 

supplied in writing with the order. Customer will supply a print with each purchase order. Semano Inc. does not warrant that material furnished by customer is suitable or fit for processing and finishing. 

2. Our liability for any cause is limited to (a) two times our charges on such material, or (b) we will 

process 2 of the exact same parts for no charge. We shall not be liable, whether as the result of breach of contract, warranty (merchantability, fitness or other), alleged negligence or otherwise, for special, consequential or incidental damages including, but not limited to, loss of profit or revenue, loss of use of delivered materials or claims made against the customer for damages or penalties. Our charges are based on this policy-limiting liability. 

3. No claim for shortage in weight or count will be allowed unless made in writing and 

presented or mailed within five (5) working days after receipts of material or merchandise by the customer or the customer’s consignee to whom it was delivered. However, shrinkage of quantity in processing of two percent (2%), and, in the case of reel to reel plating, five percent (5%), shall be allowed without charge or liability. 

4. Any material or merchandise found upon our inspection, to be improperly processed by us will be refinished without charge provided that: a) Notice of defect is given in writing within ten (10 working days from the date of delivery to the customer). b) We are given the opportunity to inspect the material or merchandise prior to return, and c) Materials or merchandise returned are in the same condition as when originally delivered by us. Processing or assembly of any such rejects by you or any other party shall constitute a waiver of liability on our part. 

5. We assume no liability for any loss or damage to merchandise or material while in transit 

to or from our facility, whether in trucks or vehicles owned by us, the customer or a third party acting in our, the customer’s or an agent acting on our or the customer’s behalf. The provisions of this section may be altered or modified by separate written agreement, and any liability we assume will be covered by separate charge for such coverage. 

6. In the event that results of metal finishing operations are unsatisfactory due to metal 

imperfections, changes in grade or composition of materials, manufacturing and/or fabricating imperfections, usages’s for which the plating or other finishing operation was not reasonably designed and similar variables over which we have no control, the customer would be required to pay the contracted amount for the finishing operation performed. 

7. We reserve the right, at our option, either to reject work or make an extra charge for finishing 

any base metal below or agreed upon standard. 

8. We assume no responsibility for defective plating or other finish on materials or merchandise 

previously plated or finished by others. 

9. We shall not, under any circumstances, be considered as an insurer of customer’s material or 

merchandise and shall not be liable, regardless of cause, for loss by fire, explosion, theft, pilferage, vandalism, casualty or acts of God while such material or merchandise is in our possession. The provisions of this section may be altered or modified by separate written agreement, and any liability we assume will be covered by a separate charge for such coverage. 

10. Quotations are open for acceptance thirty (30) days from issuance. After thirty (30) days, 

prices and terms are subject to change without notices unless otherwise specified. 

11. All quotations, orders, agreements, or modifications thereof are contingent upon and subject 

to any and all occurrences beyond our control, including but not limited to strikes or boycotts (whether occurring at our factory, your plant or factory, the plant or factory of any supplier to either the customer or ourselves, elsewhere), accidents, theft, fire, war, shortage of materials or equipment, casualty or acts of God, and we shall not be liable for failure to perform any agreement for such causes. 

12. For experimental processing and finishing, our charges are not contingent upon the success 

of work of the benefit derived there from by the customer. 

13. We reserve the right to make partial or installment deliveries, for which the customer shall 

pay at the contract price. Defective delivery or non-delivery with respect to any installment or partial delivery under this contract shall be a serviceable breach and shall not give the customer the right to treat the entire contract as breached. 

14. Special tools, racks and fixtures required for the performance of the work herein described 

which have been designed and/or built by us shall be and remain our property whether or not the customer is charged with time and/or material in connection therewith. 

15. In event of customer cancellation of an order, the customer shall reimburse us for the work 

Completed, the work in process and for tooling and engineering expenses incurred in connection with said order. 

16. All customer merchandise in pur possession shall be subject to a general lien for all monies 

owing by the customer to us, whether or not due or payable and whether or not such monies. are owing to us for work, labor or services rendered or materials or equipment used in connection with such merchandise. 

17. During storage and transportation of customer material or merchandise, the customer’s 

containers used for delivery to us shall be used for reshipment, and any damage resulting from the use of such containers shall be at the customer’s risk. Should the customer desire other packaging or containers, we will charge for material and handling and will provide such service upon receipt of a written order. 

18. The provisions of the Uniform Commercial Code shall govern unless these Terms and Conditions provide to the contrary. The laws of our state and domicile shall govern all interpretation of the terms of the transaction between the parties. 

19. A service charge may be added to accounts not paid within thirty (30) days to cover 

additional processing and carrying costs. If any legal action is necessary to enforce the terms of this agreement, the prevailing party shall be entitled to reasonable attorney fees in addition3 to any other relief to which it may be entitled. 

20. The provisions hereof constitute the entire agreement between the parties. Any changes, 

alterations, waivers or modifications with respect to the job performed or the terms of sales, or to any other matter set forth herein, must be in writing and signed by a duly authorized representative of our company. 

These terms and conditions shall apply to this and any future order or agreement for the processing of any materials or merchandise.