COLORS  All standard colors can be seen at www.SenovaSeating.com. Senova Seating is able to create custom colors for all orders. For orders less than 300 items, the upcharge on customized colors to match Customer’s sample choice will be determined at the time of order. On all customized color orders, Production Samples procedures outlined above will apply.

All colors pictured in product images, including finishes and material, may vary from their actual color.

FIRE RETARDANT INFORMATION  Senova Seating products are manufactured with foam that meets the requirements for California Technical Bulletin #117 (CA TB-117). The Customer is responsible for specifying a fire retardant fabric to meet the Customer’s applicable fire code requirements. Senova Seating can provide products with foam and fabric that meet California Technical Bulletin #133 (CA TB-133) for an additional charge. Requests for CA TB-133 must be specifically stated in writing on the Customer’s purchase order. Senova Seating does not take responsibility for meeting either CA TB-117 or CA TB-133 with Customer’s Own Material (COM).

PRICING AND TERMS  All prices shown do not include shipping, installation, or sales and use taxes. For shipments outside the United States, all prices shown also do not include customs fees, duties, value added taxes, or any other fees or taxes associated with the import of products into the destination country. All pricing is subject to change without prior notice and at the sole discretion of Senova Seating. Prices should be confirmed with your Senova Seating Representative or the Senova Seating Sales Department before placing an order. All prices are F.O.B. warehouse loading dock – San Diego, California.

All orders require a 50% deposit with the order, and the balance due upon receipt of goods. Orders will not be placed in production until the deposit is received. A charge of 1.5% per month or 18% annually will be made on any unpaid balance if payment is not made according to the terms of sale. In the event that a collection agency, attorney, or court must be used to effect collection, the Customer agrees to pay all reasonable and actual collection agency fees, attorney fees, and court costs.

ORDER ACCEPTANCE  Orders are subject to acceptance by Senova Seating under the terms and conditions as presented herein or on our Sales Order Confirmations or as updated from time to time on our website, www.SenovaSeating.com. Where these terms and conditions conflict with the terms and conditions of the Customer’s contract, the most recent Senova terms and condition shall apply. Terms and conditions not particularly expressed therein or on Senova’s website are excluded from the Customer’s contract and are specifically disclaimed by Senova Seating and Seating Specialties, Inc.

If a customer owes an overdue balance to Senova Seating relating to previous orders at the time it submits a new purchase order, then Senova may refuse to accept and/or schedule the new purchase order for production until the Customer has settled any overdue balance on its account.

CANCELLATION  Orders may not be cancelled or changed without written consent by Senova Seating management. Such consent may be withheld or granted subject to conditions, service charges, and/or price changes, at Senova Seating’s sole discretion. Customer deposits are non-refundable.

DELAYS/SHIPMENTS ON HOLD  Senova Seating shall not be liable for delays in performance caused by any act beyond our control. The delivery date of Customer’s purchase order shall be extended by the period of any such delay. Senova Seating reserves the right to apportion our production among its Customers as it may determine to be in its best interest and wholly at its discretion. Any quoted delivery dates are estimated and are subject to change. If fabric is required for any order, then the quoted delivery will be subject to fabric availability. If Customer provides fabric per a COM purchase order, the quoted production period will not commence until the total fabric for the purchase order is received by Senova Seating at its facility in San Diego, California. Orders will be scheduled for production only after receipt of fabric.

Senova Seating shall notify Customer in writing of the date they are to receive a Production Sample. Customer shall have forty-eight (48) hours after receipt of the Production Sample to authorize the delivery of the production of the Senova product represented by the Production Sample. If Customer delays authorization, the quoted delivery date will be extended by the additional time Customer takes to authorize the Production Sample.

Any shipments placed on hold, either by the Customer’s request or due to balances owed, will be manufactured per the originally scheduled ship date. Storage charges will begin to accrue seven (7) days from that date. In the event that the Customer delays authorization of a Production Sample more than one week, storage charges will begin to accrue seven (7) days after the Customer received the Production Sample.

Any manufactured order held by Senova Seating at its warehouse over thirty (30) days will be billed and must be promptly paid even though the shipment is being held at the factory at the Customer’s request. Any charges incurred by Senova Seating for C.O.D. fees, inside delivery, storage, etc. will be invoiced to the Customer.

PRODUCTION SAMPLE  Senova Seating will provide a Production Sample on all orders of 300 chairs or more, which is substantially representative of the products the Customer will receive. Additional Production Samples will be provided at the written request of, and at the expense of, the Customer. Customer will have forty-eight (48) hours after the receipt of the Production Sample to authorize shipment of its order. If Customer delays authorization, the quoted delivery dates will be extended by the additional time Customer takes to authorize the Production Sample.

In the event that Customer does not authorize the Production Sample for cause, a second Production Sample will be provided with the changes requested by Customer. If the second Production Sample reasonably approximates the specifications of Customer’s purchase order, Customer may not withhold authorization of the second Production Sample. If Customer has not authorized shipment after the second Production Sample and the second Production Sample reasonably approximates the specifications of Customer’s purchase order, Senova Seating will finalize production of the order and hold it at its warehouse, and the storage charges will begin to accrue seven (7) days after Senova Seating has received the products at its warehouse.

If the second Production Sample does not reasonably approximate the specifications of Customer’s purchase order, Senova Seating will continue to provide Production Samples until a Production Sample is provided that does reasonably approximate the specifications of Customer’s purchase order. At that time, production will be finalized and shipped to Senova Seating’s warehouse. There will be no penalty to Senova Seating for delays due to multiple Production Samples.

SHIPPING  All products are sold F.O.B. San Diego, California warehouse loading dock and are shipped via common carrier or blanket wrap carrier. Senova Seating reserves the right to select routing and assumes no responsibility for rate/or delivery times established by carrier. Senova Seating assumes no responsibility for warehousing and or demurrage when the Customer is unable or unwilling to accept shipment at the delivery point. The Customer’s request for trailer load shipments and special routing will be accommodated, when possible, if clearly described on the original purchase order. The Customer is fully responsible for all payments, claims, and other matters arising therefrom.

Normal delivery is from dock to dock. Special requests, including but not limited to inside delivery, are subject to additional charges. All shipments are made by either truck or rail. Senova Seating will not make shipments by air or express service unless previously authorized in writing by Customer. Customers should be aware that airfreight charges for our products are calculated on a dimensional basis and such charges frequently equal or exceed product cost.

PASSAGE OF TITLE/FREIGHT CLAIMS  All sales are made F.O.B. San Diego, California warehouse loading dock. While Senova Seating will do everything possible to ensure Customers’ orders arrive in good condition and on time, Senova Seating cannot be held responsible for freight damages and/or delays. Freight claims are the responsibility of the Customer. Customer should not refuse product damaged in transit. Upon receipt of an order, Customer should thoroughly inspect all products received. If an item has been damaged, Customer should note the damage on the delivery receipt, and then file a claim for said damage directly with the carrier. Claims for concealed damage must be filed with the carrier within five (5) days of receipt.

WARRANTY  The stipulated warranty is a structural warranty against workmanship defects, specifically referring to breakage during normal use.  Normal use is defined as 12 Year Structural Frame Warranty. All products that have a stipulated twelve (12) year warranty, have a twelve (12) year structural warranty against workmanship defects, specifically referring to breakage during normal use. Normal use is defined as the normal use for which the item was designed. For seating, normal use does not include standing on or climbing over the chair. Any product found to be defective while under this warranty will be replaced or repaired, or a refund will be issued wholly at the discretion of Senova Seating, provided the Customer notifies Senova Seating within thirty (30) days of the discovery of the defect. Only the actual item found to be defective will be replaced, repaired or refunded. This warranty does not apply to any product that has been altered, subjected to misuse, abuse, improper cleaning, negligence, or accident.

If Customer wishes to make a claim under the warranty provisions, Customer should contact Senova Seating’s Customer Service Department. Customer should send a photograph, either by e-mail or regular mail. Senova Seating will then determine if an actual sample is needed. If a sample is needed, Senova Seating will arrange for the sample to be sent to the Senova Seating warehouse for inspection. If Senova Seating determines that the product is defective under the warranty provisions, Senova Seating will issue a written Return Authorization. Products CANNOT be returned without written authorization. Authorization for return will be voided if product is not received within thirty (30) days of authorization. If Senova Seating determines that the product is not defective under the warranty provisions, the product will be repaired or replaced at the Customer’s expense, F.O.B. warehouse loading dock. Upon receipt of additional products under the warranty, Senova Seating will repair, replace, or provide a refund only for those products it deems defective under the warranty provisions.

Senova Seating’s obligation under the warranty provisions outlined above is limited to repair, replacement, or refund of the defective item. In no case shall liability under the warranty provisions exceed the original purchase price of the defective item. Senova Seating will not be liable for any unauthorized charges for field repairs. Senova Seating must approve in writing any authorization for charges for field repairs.

If the stipulated warranty is for a period different than twelve (12) years, the above warranty provisions shall apply for the period of the stipulated warranty.

UPHOLSTERY WARRANTY  All Upholstery fabrics are subject to the warranty offered by the respective upholstery mills only. Cuts or tears detected after signing for receipt of upholstered products are not covered. Senova Seating does not warranty quality or durability of materials provided by the Customer (COM – Customer’s Own Material).

Fabric manufacturers may produce the fabric selected by Customer with variation as to color.