Terms and Conditions of Sale

The following are the terms and conditions (“Terms and Conditions”) for the sale of products (“Products”) by SEI Castings, a wholly owned subsidiary of Senah, Inc. (“SEI”) to SEI’s customers (“Customers”). Please read this agreement carefully. Any contrary terms set forth in the customer’s purchase order are objected to and shall not be binding unless agreed to in writing. All Purchasers accept and agree to be bound by SEI terms and conditions by placing an order for, or accepting delivery of goods.

1. ACCEPTANCE AND CANCELLATION OF PURCHASE ORDERS

All orders must be accepted by SEI in writing; once accepted and processed orders are subject to a cancellation fee. Orders for custom/non-standard parts are NON-CANCELLABLE NON-RETURNABLE (NC/NR). All sales of Custom Parts are final. Customer requests to reschedule delivery will be accepted at SEI’s discretion.

2. TERMS OF PAYMENT

Orders are billed at the prices specified by SEI. Prices are valid for the time period specified in the quotation, or 30 days from the date of quotation if not specified. Prices are subject to change in the event of changes in SEI’s costs and do not include taxes, shipment, duties or other fees. Customer is responsible for all shipping fees, duties, and taxes. All payments must be in US Dollars. Acceptable payment methods are Wire Transfers orCheck, other payment methods will be given consideration upon request. Payment terms are cash in advance, Net 30 terms may be extended upon completion and acceptance of a credit application with trade references. For international wire transfers, a $20 fee will be added for bank fees.

3. DELIVERY AND TITLE

Shipping and insurance charges will be paid by the customer. If Shipping charges are requested to be prepaid it will be given consideration. Prepaid shipping will be added to the invoice or billed collect to the customer’s shipping account. Shipping terms are FOB China. Title and risk of loss transfers to the customer at the time goods are picked up by the Carrier (Shipping Company). Carrier, delivery route, and shipping speed are to be specified by the customer, if not so specified they will be selected by SEI. SEI will attempt to schedule delivery as close as possible to customer’s request date, but the customer acknowledges that delivery dates given by SEI are estimates only. SEI will not be liable for failure to deliver on such dates. Once fully paid for the Customer has title to Custom Molds however SEI will retain the mold for first two years of production (or equal value as originally estimated) before releasing mold to customer. If mold is not used for a period of 3 years, then SEI will take title to the mold if the customer does not voluntarily pay storage fees. SEI will not make requests for storage fees, if not specified the mold will be considered abandon by the customer.

4. RETURNS

Any returns must be authorized by and are subject to inspection by SEI. Returns and cancellations are subject to charges determined by SEI in each case. All claims for shortages must be made within 30 days of shipment. All returns must be shipped to: SEI, 2065-B Winchester Blvd., Campbell, CA 95008 or as otherwise specified by SEI at time of return request.

5. SEI’S LIMITED WARRANTY

We warrant our parts to be free of defects in material and workmanship under normal conditions. If any parts are found to be defective within 30 days of shipment, we will repair or replace them at our option. This warranty does not apply to parts which have been used, abused, modified, disassembled, or subjected to conditions exceeding our specifications. We will not under any circumstances be liable for consequential or incidental damages or installation labor. There are no warranties, expressed or implied, which extend beyond the description on the face thereof; in particular there is no warranty of merchantability or fitness for particular purpose. No representative is authorized to assume any other liability on our behalf. Prices and specifications are subject to change without notice by SEI.

6. CONTRACTS

Interpretation, construction, and the remedies for the enforcement or breaches of any Purchase Order, Contract or Agreement, both oral and written are to be applied pursuant to and in accordance with the laws and the courts of the State of California. The parties hereby stipulate to the jurisdiction and venue of the County of Santa Clara, California.

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