• ACCEPTANCE OF TERMS AND CONDITIONS.

The following are terms of a legal agreement between any user of this website and Seminet Corporation. By accessing, browsing and/or using this site ("Site"), User acknowledges having read, understood, and hereby agrees, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations to United States Copyright Law and international treaties. This Site is controlled and operated by SemiNet from its offices within the State of California , United States . It can be accessed from all fifty (50) states and other countries of the world, but products are for sale or license on this site only for U.S. customers and shipping destinations. Users who choose to access this Site from locations outside the U.S. do so on their own initiative and are responsible for compliance with applicable local laws. [Up]

LINKS TO THIRD PARTY SITES

This Site contains links to third-party sites. The linked sites are not under the control of SemiNet Inc. and SemiNet is not responsible for the contents of any linked site, any link contained in a linked site, any changes or updates to such linked sites, or any transmission from any linked site. SemiNet is providing these links to third-party sites only as a convenience, and the inclusion of any link does not imply endorsement by SemiNet of the site. [Up]

DISCLAIMER OF WARRANTY

While SemiNet uses reasonable efforts to include accurate and up-to-date information on this site, the materials on this site are provided "as is" without warranties of any kind either express or implied, including, but not limited to, implies warranties of merchantibility, fitness for a particular purpose, non-infringement or other violation of rights. SemiNet does not warrent or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise respecting, the materials on this site or any sites linked to this site. [Up]

PURCHASE TRANSACTION INFORMATION ENCRYPTION/SECURITY

The online purchasing area of this Site offers industry standard security measures available through the Buyer's browser. Other areas of this Site are available to the general public. If a Buyer desires to place an order, without providing information online, a sales representative may always be contacted by telephone at the SemiNet number (661) 295-8686. [Up]

LIMITATION OF LIABILITY

Under no circumstances, including, but not limited to, negligence, shall SemiNet be liable for any direct, indirect, special, incidental, punitive or conseqentail damages, including, but no limited to, business interruptiong, delays, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if SemiNet has been advised of the possibility of such damages. If use of materials from this site results in the need for servicing, repair or correction of user equipment or data, the user assumens any costs thereof. [Up]

Information on this Site may contain inaccuracies or typographical errors, and SemiNet reserves the right to correct such inaccuracies or errors at any time. SemiNet will also make changes, updates and improvements to this Site, at any time, without notice, including changes to terms, prices and product availability. Users are advised to periodically check the SemiNet Terms and Conditions of Access and Sales. [Up]

CUSTOMER SPECIFICATIONS

Seller does not warrant and will not be liable for any design, materials or construction criteria furnished or specified by Customer and incorporated into the products or for Products made by or sourced from other manufacturers or vendors specified by customer. Any warranty applicable to such Customer-specified Products will be limited solely to the warranty, if any, extended by the original manufacturer or vendor other than Seller to the extent permissible thereunder. [Up]

REMEDIES

Satisfaction of the above warranties will be limited, at Seller's option, to the replacement, repair, re-performance or modification of, or issuance of a credit for the purchase price of the product involved, and where applicable, only after the return of such Product with Seller's consent. Replacement Products may be new or reconditioned. Any warranty service ( consisting of time, travel and expanses related to such services) performed other than at Seller's factory, will be at Customers expense. [Up]

RETURN MERCHANDISE PROCEDURES

SemiNet technical support staff are available to our customers to assist you with resolving any product or application difficulties prior to return. In many cases, we are able to resolve problems quickly over the phone without the necessity of a product return. A RETURN MERCHANDISE AUTHORIZATION (RMA) NUMBER MUST BE OBTAINED PRIOR TO RETURNING ANY PRODUCT. For products which are being returned for credit or repair, please fill out and send in the RMA form. For ALL RETURNS, please print a copy of the PDF file and complete ALL of the required information. Upon completion of the required information, please fax the form back to us to receive your RMA #. The following information must be provided:
a. Your name
b. Invoice number
c. Purchase date
d. Phone number
e. Fax number
f. E-mail address, if applicable
g. Return item(s)
h. Describe your return for the item
The RMA# that SemiNet provides is merely an authorization to return the product(s). The number does not imply or confer approval for credit, repair, or replacement. Such approval can be given only after receipt and inspection of the product. Our RMA# must appear CLEARLY on the outer packaging in which the goods are returned and on all correspondence with SemiNet, including packing lists. These instructions should be explicitly followed whenever returning product to SemiNet. Failure to do so may result in the item being refused at our receiving dock. [Up]

RETURNING PRODUCTS

Proof of purchase must be included with the shipment. A copy of the original invoice indicating the products that are being returned. Products must be in their original packaging undamaged and unmarked including anti-static bags. All manuals, cables, and other accessories must be returned if the product is being returned for credit. ANY SHORTAGES WILL RESULT IN THE IMPOSITION OF RE-STOCKING FEES. For products that are returned for repair, all included accessories must be itemized on the return form. WE WILL NOT BE RESPONSIBLE FOR ANY ITEMS THAT ARE NOT ITEMIZED ON OUR RETURN AUTHORIZATION FORM. Enclose this completed, RMA-NUMBERED FORM with your merchandise. All RMA shipments must be PREPAID by the customer and include the RMA number written clearly on the shipping label and packing list. SHIPMENTS THAT DO NOT HAVE A CLEARLY VISIBLE RMA NUMBER WILL BE REFUSED. [Up]

OUR RETURN TO YOU

For warranty repair returns, it is SemiNet's policy to prepay return shipments IF YOU HAVE FOLLOWED ALL OF OUR RETURN PROCEDURES. Shipments will be returned in a manner consistent with the way they were originally returned to SemiNet. Shipments that were returned to us via air will be returned via air and ground via ground, etc. [Up]

ADDITIONAL INFORMATION INQUIRIES:

When making inquiries, always refer to your RMA number. Please allow us at least 48 hours following receipt to test for product defects.
CREDIT RETURNS:
SemiNet provides a 30-day money-back guarantee on all stockable products. SPECIAL ORDER ITEMS ARE EXCLUDED. All returns must be pre-authorized by SemiNet, and are acceptable only in "NEW," re-sellable condition with the original boxes intact. Restocking guidelines are as follows:
a. No charge for less than 30 days;
b. 25% restocking fee for merchandise sold from 30 to 60 days prior to return;
c. 50% restocking fee for merchandise sold from 60 to 90 days prior to return; and No returns accepted after 90 days. [Up]

PRICE QUOTATIONS

a. Unless otherwise stated on the face of the quotation, or otherwise agreed to in writing by SemiNet, all quotations expire thirty (30) days after the date of the quotation. All prices quoted are valid for the period stated only; all typographical and clerical errors are subject to correction.
b. Unless otherwise agreed to in writing by SemiNet, all prices quoted are exclusive of transportation and insurance costs, and any and all taxes including, but not limited to, state and local use, sales, property (ad valorem) and similar taxes. Buyer agrees to pay such taxes unless buyer has provided SemiNet with an exemption resale certificate in the appropriate form for the jurisdiction of buyer's place of business and any jurisdiction to which equipment is to be directly shipped hereunder, or unless such sale is otherwise exempt from such taxes. When applicable, such transportation and taxes shall appear as separate items on SemiNet's invoice. [Up]

DELIVERY DATES

Shipments of any products purchased are subject to SemiNet's availability schedule. SemiNet shall make every reasonable effort to meet any delivery date(s) quoted or acknowledged. However, SemiNet will not be liable for its failure to meet such dates. [Up]

PAYMENT AND SECURITY TERMS

Unless otherwise agreed to in writing by SemiNet Inc., buyer shall pay all invoices issued within thirty (30) days from the date of invoice. SemiNet Inc reserves the right to change its standard credit terms at any time when, in SemiNet Inc's opinion, buyer's financial condition or previous payment record so warrants. Should buyer become delinquent in the payment of any sum due SemiNet, after ten (10) days from the date of written notice to buyer SemiNet shall not be obligated to continue performance under any agreement with buyer. In addition, SemiNet shall have the right to seek recovery through any legal channel, and buyer agrees to pay all costs associated with said recovery, plus interest at the rate of 1.5% per month on any outstanding invoice amount. [Up]

SHIPMENT, RISK OF LOSS AND PACKING

a. All prices are F.O.B. shipping point unless otherwise agreed to in writing by SemiNet. Buyer shall pay, all rigging, draying, insurance, and transportation charges which, unless prepaid, shall be added, on a dollar for dollar basis, to the invoice for the products being shipped.
b. SemiNet shall make every effort to ship in accordance with buyer's shipping instructions. In the absence of specific instructions, or if buyer's instructions are deemed unsuitable, SemiNet reserves the right to ship by the method it deems most appropriate.
c. Unless otherwise agreed to in writing by SemiNet, all products shall be packed for shipment in accordance with standard commercial practices. All packing will conform to requirements of carrier's tariffs.
d. Any discrepancies in shipment must be reported within three (3) days of receipt of product.
e. A $15 handling fee plus freight will be charged for all refused shipments. [Up]

ORDER OF PRECEDENCE

a. These Terms and Conditions of Sale and any attachments take precedence over buyer's additional or different terms and conditions, to which notice of objection is hereby given. Acceptance by buyer is limited to these terms and conditions. Neither SemiNet's commencement of performance nor delivery shall be deemed or construed as acceptance of buyer's additional or different terms and conditions.
b. Buyer's purchase of SemiNet products hereunder represents acceptance of these Terms and Conditions of Sale and any attachments, which together constitute the entire understanding between the parties and supersede any previous communications, representations, or agreements by either party, whether verbal or written. No change or modification of any of the terms or conditions herein shall be valid or binding on either party unless in writing and signed by an authorized representative of each party. [Up]

WARRANTY

SemiNet hardware products are warranted against defects in materials and workmanship. If SemiNet receives notice of such defects during the warranty period, SemiNet shall, at its option, either repair or replace hardware products that prove to be defective.
a. DURATION AND COMMENCEMENT OF WARRANTY PERIOD: The warranty period for each product is one year, except for CPU(s), which are limited to a warranty period of 30 days from date of delivery.
b. For product warranties requiring return to SemiNet, buyer shall prepay shipping charges (and shall pay all applicable duties, taxes, and other such charges) for products returned to SemiNet for warranty service. Except for products returned to buyer from a country other than the United States or Canada, SemiNet shall pay for return of products to buyer.
c. LIMITATION OF WARRANTY
The foregoing warranty shall not apply to defects resulting from:
1. Improper or inadequate maintenance by buyer;
2. Buyer-supplied software or interfacing;
3. Unauthorized modification or misuse;
4. Operation outside of the environmental specifications for the product; or
5. Improper site preparation and maintenance.
6. Warranty will be voided once the warranty label is removed. THE WARRANTY SET FORTH ABOVE IS EXCLUSIVE AND NO OTHER WARRANTY, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED. SemiNet SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. [Up]

LIMITATION OF REMEDIES AND LIABILITY

The remedies provided herein are buyer's sole and exclusive remedies. In no event shall SemiNet be liable for direct, indirect, special, incidental, or consequentail damages (including loss of profits), whether based on contract, tort, or any other legal theory. [Up]

NUCLEAR AND AVIATION APPLICATIONS

SemiNet products are not specifically designed, manufactured, or intended for sale as parts, components, or assemblies for the planning, construction, maintenance, operation, or use of any nuclear facility nor for the flight, navigation, or communication of aircraft or ground support equipment. Any buyer using SemiNet products in these applications agrees that, except as otherwise provided herein, SemiNet is not liable, in whole or in part, for any claims or damages arising from such use. If buyer uses SemiNet products for these applications, buyer agrees to indemnify and hold Seminet harmless from any claims for loss, cost, damage, expense, or liability arising out of or in connection with the use and performance of SemiNet products in such nuclear or aviation applications. Test equipment used in a static application, which is not a functional part, component or assembly of an aircraft and is not attached to or utilized in the flight of an aircraft is not subject to this paragraph. [Up]

MISCELLANEOUS

a. The laws of the State of California shall govern any dispute regarding the interpretation or validity hereof. The parties hereby agree that any dispute relating to the products sold hereunder shall be subject to the jurisdiction of the courts within the State of California.
b. Buyer certifies that the products purchased will not be exported without prior notice to, and written consent of, SemiNet. [Up]

GENERAL

These general terms and conditions of sale (along with any directly associated written Seller specification or quotation) exclusively will govern the sale or licensing by Seller of all goods and services (including without limitation, hardware, firmware and software products, training, programming, maintenance, engineering, parts and repair services -- collectively, the "Products") furnished hereunder. No addition or modification to these terms and conditions will be binding on Seller unless agreed to in writing signed by an authorized representative at Seller's headquarters. Seller objects to other terms and conditions that may be proposed by the customer not otherwise consistent with these or other terms and conditions set forth in Seller's written specification, quotation or order acknowledgment.[Up]

LIMIT OF LIABILITY

IN NO EVENT WILL SELLER BE LIABLE FOR INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND. SELLER'S MAXIMUM CUMULATIVE LIABILITY RELATIVE TO ALL OTHER CLAIMS AND LIABILITIES, INCLUDING THAT WITH RESPECT TO DIRECT DAMAGES AND OBLIGATIONS UNDER ANY INDEMNITY, WHETHER OR NOT INSURED, WILL NOT EXCEED THE COST OF THE PRODUCTS GIVING RISE TO THE CLAIM OR LIABILITY. ANY ACTION AGAINST SELLER MUST BE BROUGHT WITHIN EIGHTEEN (18) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF ANY OTHER CONTRARY PROVISION OF THE AGREEMENT AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, AND FURTHER WILL EXTEND TO THE BENEFIT OF SELLER'S VENDORS, APPOINTED DISTRIBUTORS AND OTHER AUTHORIZED RESELLERS AS THIRD-PARTY BENEFICIARIES. EACH PROVISION IN THE AGREEMENT WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTY OR CONDITION OR EXCLUSION OF DAMAGES IS SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION AND IS TO BE ENFORCED AS SUCH.[Up]

THIRD-PARTY BRANDED PRODUCTS.

SELLER MAKES NO REPRESENTATIONS AND DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATIVE TO ANY THIRD-PARTY BRANDED PRODUCT WHICH MAY BE SOLD BY SELLER HEREUNDER. Any such sale will be solely for the customer's purchasing convenience. The only warranty associated with such products will be that provided directly by the original manufacturer (see manufacturer's product information for details). Seller assumes no post-sale technical support or warranty repair obligations with respect to such products, and customers are advised to contact the original manufacturer or one of its authorized representatives for further assistance. Seller assumes no responsibility for any information, specifications, claims, warranties or representations made or provided relative to such products, which in all cases will be the responsibility of the product manufacturer. Such information, to extent displayed or otherwise made available by Seller, is solely for the convenience of the customer, and customer must make its own determination as to the accuracy and completeness of such information.[Up]

LICENSED SOFTWARE AND FIRMWARE

Products comprised of software or firmware may be subject to additional terms and conditions set forth in separate Seller's license agreements that will control to the extent necessary to resolve any conflict with the terms and conditions stated herein. Such Products will not be delivered or made available until the customer also agrees to the terms and conditions of such separate license agreements. [Up]

PACKING & MARKING

Customer-specified packing or marking may be subject to additional charges not otherwise included in the price of the Products. [Up]

WEIGHTS AND DIMENSIONS

Published weights and dimensions are estimates or approximate only and are not warranted. [Up]

PRICES

Prices and other information shown in any Seller publication (including product catalogs and brochures) are subject to change without notice and confirmation by specific quotation. Such publications are not offers to sell and are maintained only as a source of general information. The customer will pay or reimburse Seller for all sales, use, excise or similar taxes. Products comprised of time and material services will be provided in accordance with Seller's published service rates (including applicable overtime and travel expenses) in effect as of the date such services are provided, unless otherwise confirmed by Seller's written quotation or order acknowledgment. Billable service time includes travel time to and from the job site and all time Seller's representatives are available for work and waiting (whether on or off the job site) to perform the services. [Up]

CHANGES

Customer-requested order changes, including those affecting the identity, scope and delivery of the Products, must be documented in writing and are subject to Seller's prior approval and adjustments in price, scheduling and other affected terms and conditions. In any event, Seller reserves the right to reject any change that it deems unsafe, technically inadvisable or inconsistent with established engineering or quality guidelines and standards, or incompatible with Seller's design or manufacturing capabilities. [Up]

ORDER CANCELLATION

An order may be canceled by the customer prior to shipment only by written notice and upon payment to Seller of reasonable cancellation and restocking charges, including reimbursement for direct costs, plus allowances for disruption. Cancellation charges associated with orders for custom Products or Products specifically manufactured to the customer's specification may equal the actual selling price of the Products. Seller has the right to cancel an order for cause at any time by written notice, and Seller will be entitled to cancellation and restocking charges as identified above. No termination by the customer for cause will be effective unless and until Seller has failed to correct such alleged cause within forty-five (45) days after receipt of the customer's written notice specifying such cause. [Up]

FORCE MAJEURE

Seller will not be liable for any loss, damage or delay arising out of its failure to perform hereunder due to causes beyond its reasonable control, including without limitation, acts of God or the customer, acts of civil or military authority, fires, strikes, floods, epidemics, quarantine restrictions, war, riots, delays in transportation, or transportation embargoes. In the event of any such delay, Seller's performance date(s) will be extended for that length of time as may be reasonably necessary to compensate for the delay.[Up]

PURCHASING OPTIONS

SemiNet offers a variety of payment options for purchasing from our online store so you can choose the one that's most convenient to you. SemiNet accepts several major credit cards, including Visa and MasterCard card. Simply fill out the online order form in our store and click "submit". When you are purchasing with a credit card, please note that the shipping address must be the same as the credit card billing address. Though we will seek to obtain an immediate authorization from your card issuer and reserve funds for your purchase; we will only charge your card once the order has been shipped. Using your credit card online allows us to speed up order processing and confirmation of your orders. Our store is hosted on a secure server, so your credit card information will be protected. However, if you are concerned about security or would like to know more about our secure server, please visit our secure shopping page. [Up]

TAX AND PRICING INFORMATION

Pricing Information An order's volume is taken into consideration. Prices are subject to change without notice. Quotes resulting from the print and fax option are valid for 30 days. Tax Information The sales tax, GST and VAT in the Online Store calculate based on the current rate for your country state where applicable. On your final invoices, the sales tax, GST or VAT included may vary slightly from that calculated in the Online Store. Calculations do not reflect customer tax exemptions. If you are exempt from sales tax, GST or VAT, please submit appropriate documentation to SemiNet, so that the final invoice will not include such taxes to you. [Up]

SHIPPING INFORMATION

SemiNet uses UPS as the primary delivery service. The shipping and handling charge is based on the weight, dimension, service type, and ship-to location. Orders taken on the weekend or holiday will be processed the next working day. Orders that do not need assembly, configuration, or test and burn-in will ship within 2-business day. Orders that require special handling will ship within 5 business days. We normally ship orders Monday through Friday. We will make every effort to deliver your product on time. All products in your order will ship together, so the product with the longest delivery time will determine when the entire order is delivered. Once your order has been processed, you will receive an e-mail confirmation with your order number. With this number, you can check your order's status in the Online Store for actual delivery times.[Up]