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Conditions of Use Conditions of Use

TERMS AND CONDITIONS OF USE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your agreement to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this site. ReSell CNC, LLC may modify these Terms and Conditions at anytime.

Restrictions On Use of Materials

This site is copyright protected. Any textual or graphic material you copy, print, or download is licensed to you by Resell CNC, LLC and/or its subsidiaries ("Resell CNC") for your personal, non-commercial home use only, provided that you do not change or delete any copyright, trademark or other proprietary notices.

If you download software from the site, the software, including all files and images, contained in or generated by the software, and accompanying data (together referred to as "Software") are deemed to be licensed to you by Resell CNC, for your personal, non-commercial home use only. Resell CNC does not transfer either the title or the intellectual property rights to the Software and Resell CNC retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute or reproduce the Software, nor may you decompile, reverse engineer, disassemble or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Resell CNC or its licensors and you may not copy or use them in any manner.

This site is controlled and operated by Resell CNC from its offices within the State of Florida, United States of America. Resell CNC makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is subject to U.S. export controls. No software from this site may be downloaded or otherwise exported or reexported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department list of Specially Designated National or the U.S. Commerce Department Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Disclaimers and Limitation of Liability; Forward-Looking Statements

Resell CNC may change, move or delete portions of, or may add to, this web site from time to time.

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. Resell CNC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR OTHER MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

All materials, including without limitation, annual reports to shareholders, press releases and Resell CNC filings with the Securities and Exchange Commission (the "SEC") reproduced on this site speak as of the original date of publication or filing. The fact that a document is available on this site does not mean that the information contained in such document has not been modified or superseded by events or by a subsequent document or filing. Any forward-looking statement reproduced on this site speaks as of the original date the document containing such statement was published or filed and should be read together with certain factors set forth in the Company Annual Report on Form 10-K under the heading "Forward-Looking Statements", the Company Quarterly Reports on Form 10-Q under the heading "Other Information" and in other Resell CNC filings with the SEC available on this site or on the SEC Edgar Database (http:/www.sec.gov/edgarhp.htm) that could cause actual future events or results to differ materially from anticipated events or results. Resell CNC has no duty or policy to update any information or statements contained on this site and, therefore, such information or statements should not be relied upon as being current as of the date you access this site. Moreover, any portion of the materials available on this site may include technical inaccuracies or typographical errors. Changes may be made from time to time without notice to the materials available on this site, the Software and to the products described on this site.

TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, Resell CNC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Resell CNC DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THIS SITE. Resell CNC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AVAILABLE ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS, THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT Resell CNC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Resell CNC BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, SITE OR ANY DOWNLOADED MATERIALS, EVEN IF Resell CNC OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Resell CNC TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO Resell CNC, IF ANY, FOR PRODUCTS PURCHASED ON THIS SITE.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Links to Other Web Sites

Resell CNC makes no representation whatsoever regarding the content of any other web sites which you may access from this site. When you access a non-Resell CNC web site, please understand that it is independent from Resell CNC and that Resell CNC has no control over the content on that web site. A link to a non-Resell CNC web site does not mean that Resell CNC endorses or accepts any responsibility for the content or use of such web site.

Submissions

Should any viewer of a document on this web site respond to Resell CNC with information including feedback data, such as questions, comments, suggestions, or the like regarding the site, or the content of any item, such information shall be deemed to be non-confidential and Resell CNC shall have no obligation of any kind with respect to such information. In addition, Resell CNC shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the information to others without limitation, and to authorize others to do the same. Further, Resell CNC shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and other items incorporating such information. This paragraph is not intended to apply to any personal information about you (such as name, mailing address and e-mail address), the use of which will be governed by Resell CNC.

In consideration of Resell CNC continuing efforts to enhance and improve these products and to respond to feedback from users, you agree to transfer such ideas, concepts, know-how and techniques to Resell CNC without any compensation. You agree to execute any and all documents that Resell CNC may reasonably request in connection with confirming Resell CNC ownership of and unlimited right to use such ideas, concepts, know-how and techniques.

You are solely responsible for the content of any comments you make. You agree that no comments submitted by you to this web site will: (i) violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights; (ii) be or contain libelous or otherwise unlawful, abusive, or obscene material or constitute the misappropriation of the trade secrets of any third party; and (iii) disparage the products or services of any third party. You agree not to submit any personal information (other than your email address or user name) through email sent to other users or messages posted on this site by you.

Termination

This Agreement is effective unless and until terminated by either you or Resell CNC. You may terminate this Agreement at any time by no longer using this web site, provided that all prior uses of this web site shall be governed by this Agreement. Resell CNC may terminate this Agreement at any time and without notice, and accordingly deny you access to this web site, in Resell CNC sole discretion for any reason, including your failure to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Resell CNC, you must promptly destroy all materials downloaded or otherwise obtained from this web site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

Terms and Conditions of Equipment Sale

Resell CNC, LLC ADDENDUM TO INVOICE TERMS AND CONDITIONS OF SALE

1. Definitions. As used herein, (a) "Seller" shall mean Resell CNC, LLC, a Florida limited liability company; (b) "Buyer" shall mean the person or entity referred to in the Invoice, as defined herein, as buyer or purchaser; (c) [Goods] shall mean the items of property, which may include, but not necessarily be limited to, certain used equipment, as described on the Invoice, as defined herein; (d) "Invoice" shall mean Seller's invoice to Buyer for the sale of Goods; and (e) "Addendum" shall mean this Addendum to Invoice Terms and Conditions of Sale.

2. Parties' Agreement. Seller and Buyer agree that the parties' agreement for the purchase of Goods consists of the terms and conditions set forth in the Invoice and in the Addendum. Seller and Buyer agree and stipulate that Seller's acceptance of Buyer's order, and/or Buyer's acceptance of Seller's offer, is deemed subject solely to the terms and conditions set forth in the Invoice and in the Addendum. Seller and Buyer specifically agree and stipulate that no terms or conditions stated by Buyer in any purchase order, proposal or other document, or in accepting or acknowledging the Invoice and the Addendum shall be binding unless expressly approved by Seller in writing. To the extent that Buyer alters or purports to alter any of the terms and conditions set forth in the Invoice or in the Addendum without Seller's express written consent, such alterations shall not be binding upon Seller and shall be excluded from the parties' agreement.

3. Goods Sold; Price; Payment; Taxes. (a) The description, quantity and purchase price of Goods shall be as set forth in the Invoice. (b) All prices for Goods are Ex Works, the location set forth on the Invoice, unless otherwise stated on the Invoice. (c) Unless otherwise stated in the Invoice, Seller must receive payment in full for the Goods before Buyer may remove the Goods. If the Invoice permits Buyer to make payment within a certain number of days or period from the date of the Invoice and Seller does not receive payment in full for the Goods within that period, Buyer shall be liable for interest to Seller at the rate of 1.5% per month, or the highest interest rate allowed by law, whichever is lower, on the outstanding balance of the Invoice from the date of the Invoice until it is paid in full. (d) Buyer shall be solely liable and responsible for paying any and all sales taxes and for indemnifying and holding Seller harmless from same.

4. Tender of Delivery; Risk of Loss; Removal; Insurance; Title. (a) The manner, time and place of Seller's tender of delivery of the Goods shall be as set forth on the Invoice. (b) Risk of loss to the Goods shall pass to Buyer upon the earlier of (i) such time as Seller tenders delivery to Buyer or to Buyer's agent, contractor or carrier, or (ii) such time as Buyer pays the purchase price in full for the Goods. (c) Terms of Buyer's removal of the Goods shall be as set forth on the Invoice. In addition, unless otherwise set forth in the Invoice or in a signed writing, Buyer shall be solely responsible for preparing, dismantling, loading, insuring and shipping the Goods and all costs relating thereto. To the extent that Seller agrees to assist Buyer in preparing, dismantling, loading, or shipping arrangements, Buyer shall still be responsible for any loss or damage to the Goods, and it shall be Buyer's responsibility to insure the Goods for any damage or loss resulting from preparing, dismantling, loading or shipping. Further, regardless of whether Seller agrees to assist Buyer in preparing, dismantling, loading or shipping, Buyer agrees to look solely to the rigging and shipping companies for any losses, claims, or damages relating to preparing, dismantling, loading or shipping and shall indemnify Seller for any losses, claims or damages asserted. Buyer agrees and stipulates that Buyer is responsible for proper inspection of the equipment prior to loading and shipping, and proper completion of any bill of lading. (d) If Buyer needs to dismantle or perform other work on or relating to the Goods on premises owned by, controlled by, or in possession of Seller, then Seller requires that Buyer, or Buyer's agent, have the following insurance: (i) worker's compensation insurance that meets or exceeds the requirements of the laws of the state in which the work is being done; and (ii) a general liability insurance policy for personal injury and property damage with combined limits of not less than $2,000,000 per occurrence with Seller's interests on the policy. (e) Unless otherwise stated on the Invoice, title shall transfer from Seller to Buyer upon the later of: (a) Seller's tender of delivery of the Goods; and (b) Seller's receipt of payment in full for the purchase price for the Goods. Provided, however, that, to the extent that Seller tenders delivery of the Goods to Buyer and Seller has not received payment in full for the purchase price for the Goods, Seller may, in its sole discretion, file a purchase money security interest lien on the Goods in which circumstance the parties agree and stipulate that title to the goods shall be deemed to be transferred from Seller to Buyer upon Seller's tender of delivery of the Goods.

5. Disclaimer of Warranties. Unless otherwise stated on the Invoice, Seller and Buyer agree that the Goods are sold on an "AS IS","WHERE IS" AND "WITH ALL FAULTS" basis. SELLER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND/OR ANY OTHER MATTER WITH RESPECT TO THE GOODS OR ANY OF THEM. Any affirmation of fact or promises made by Seller shall not be deemed to create an express warranty that the Goods shall conform to such affirmation or promise. Any descriptions, samples and specifications with respect to the Goods are not warranted by Seller to be accurate or complete. Any description is for the sole purpose of identifying the Goods and no affirmation, promise, description, sample or model shall be deemed part of the basis of the bargain. SELLER STRONGLY RECOMMENDS THAT BUYER CONDUCT A PRE-PURCHASE ON-SITE INSPECTION OF THE GOODS. SELLER SHALL NOT BE RESPONSIBLE FOR THE CONSEQUENCES OF BUYER'S FAILURE TO INSPECT THE GOODS OR FOR ANY INACCURACIES, INSUFFICIENCIES, OR OMISSIONS IN SELLER'S DESCRIPTIONS, SAMPLES AND/OR SPECIFICATIONS. Seller's employees and representatives are not authorized to make any statement or representation as to the quality, character, size, condition, quantity, etc. of the Goods inconsistent with the terms and conditions set forth in the Invoice and in the Addendum. Any such statements will not be binding on Seller or be grounds for any subsequent claim by Buyer against Seller.

6. Buyer's Waiver/Disclaimer Of Liability. (a) Buyer agrees and stipulates that the Goods may consist of pre-owned, used equipment, which was neither designed nor manufactured by or on behalf of Seller and which was not used by Seller. Buyer also agrees and stipulates that Seller is unaware of Buyer's intended use for the equipment. Buyer acknowledges that it is Buyer's responsibility to provide, and to require all employees to use, appropriate safety devices for Buyer's particular use, so as to protect the operator and others from harm, and to comply with all applicable government laws, rules and regulations relating to safety and environmental standards, and all industry safety and environmental standards, related to the operation of the equipment. Buyer agrees and stipulates that Buyer understands that the use and operation of the equipment may be inherently dangerous, and it shall be Buyer's responsibility to provide all the means that may be necessary to effectively protect all employees and others from serious bodily injury, and to cause employees and others to use all appropriate safety devices and proper safe operating procedures. Buyer shall indemnify, defend, and save Seller harmless from and against any and all claims, losses or damages arising from or related to the use of the equipment by Buyer, as well as any and all claims, losses or damages arising from or relating to the manufacture of the equipment. (b) Buyer agrees and stipulates that it has notice that the Goods may bear or contain hazardous chemicals or other hazardous materials which may be or may become, by chemical reaction or otherwise, directly or indirectly hazardous to life, health or to property (whether by reason of toxicity, flammability, explosiveness or other similar or different reasons during use, handling, cleaning, reconditioning, disposal or at any other time after the Goods or any of them are tendered to Buyer. Buyer hereby discharges Seller from any and all liability directly or indirectly resulting from the presence of the aforesaid chemicals or materials, including and not limited to any and all liability directly or indirectly resulting from Seller's failure to give more specific warning with respect to individual articles or substances or from the inadequacy of any warning.

7. Indemnity. Buyer agrees to defend, indemnify and hold Seller and Seller's members, officers, employees, agents, and representatives harmless from and against any and all liabilities, judgments, claims, settlements, losses, damages, penalties, obligations and expenses, including attorneys' fees and expenses, incurred or suffered by such person or entity arising from, by reason of, or in connection with any personal injury, death, damage to tangible property, or a claim by a third party in respect of Buyer's purchase, possession and/or use of the Goods or Buyer's breach of the terms or conditions in the Invoice or in this Addendum, except to the extent caused by Seller's sole negligence.

8. Seller's Liability. Seller's liability with respect to the Goods, or any of them, sold to Buyer is and shall be limited to refunding payment made. In no event will Seller be liable for indirect, incidental, special or consequential damages, lost profits, or any expenses of Buyer, including but not limited to, shipping costs.

9. Inspection; Return. Buyer represents that it inspected the goods and/or hereby acknowledges that Seller invited, urged, and cautioned Buyer to make an on-site pre-purchase inspection of the Goods and Buyer declined to inspect same. Seller will make the Goods available for pre-purchase inspection by Buyer at the places and times specified by Seller. Unless expressly authorized by Seller in writing, Seller will not accept return of the Goods, or any of them, from Buyer.

10. Termination For Failure To Perform; Liquidated Damages. If Buyer does not pay for the Goods pursuant to the terms and conditions of the Invoice and this Addendum, and/or if Buyer does not remove the Goods pursuant to the terms and conditions of the Invoice and this Addendum, Buyer agrees that Buyer thereby loses all right, title and interest which Buyer had otherwise acquired or might otherwise have acquired in and to the Goods. In addition, if Buyer does not pay for the Goods pursuant to the terms and conditions of the Invoice and this Addendum, then, if Buyer has made a deposit or down payment on the Goods, the parties agree that Seller shall retain Buyer's deposit or down payment as liquidated damages, the parties agreeing and stipulating that quantifying Seller's loss arising from Buyer's failure to complete payment for the Goods is inherently difficult to ascertain and the parties further agreeing and stipulating that Seller's retention of Buyer's deposit where Buyer fails to complete payment is not a penalty, but a reasonable measure of Seller's damages.

11. Force Majeure. If or to the extent that Seller's performance of any terms or conditions of the Invoice or of this Addendum may be affected in case of an act of force majeure, such as an act of God, war, sabotage, accidents, riots, fire, explosion, flood, strike, lockout, injunction, inability to obtain fuel, power, raw materials, labor, containers or transportation facilities, accident, breakage of equipment or other goods, national defense requirements, or any other cause beyond Seller's control, Seller shall have no liability to Buyer in the event of suchforce majeure and Seller's obligations pursuant to the Invoice and this Addendum shall be suspended during such force majeure event and for a reasonable period of time thereafter; provided, however, that the terms and conditions in the Invoice and in this Addendum shall otherwise remain in effect.

12. Seller's Termination Rights In Connection With Broker Transactions. If Seller notifies Buyer that Seller does not own the Goods, but is acting merely as a broker of such Goods on behalf of Buyer or the owner thereof, it is understood and agreed that Seller shall be entitled to terminate the Invoice upon written notice to Buyer if for any reason the Goods become unavailable for sale to Buyer.

13. Assignment. Seller and Buyer agree that neither party may assign any right or interest in their agreement for the purchase and sale of Goods without the express written consent of the other party.

14. Attorneys' Fees And Costs. In any legal action arising from or relating to this Agreement, including post-judgment proceedings and appeals, if Seller is the prevailing party, Buyer shall be liable for Seller's reasonable attorneys' fees and costs.

15. Integration Clause; Modifications; Severability. The terms and conditions set forth in the Invoice and in this Addendum contain the entire agreement between the parties hereto with respect to the transaction(s) contemplated herein and supersedes and cancels all prior agreements, including, but not limited to, all proposals, letters of intent, or representations, written or oral, with respect thereto. No subsequent change or modification of the terms of the parties' agreement will be made except by a writing signed by both parties. In the event that a court of competent jurisdiction holds any provision of this agreement unenforceable under applicable law, the remaining provisions of the agreement shall remain enforceable.

16. Choice Of Law; Jurisdiction; Venue. The parties agree that the law of the State of Florida shall apply in any dispute arising from or relating to the validity, interpretation, performance or enforcement of this Agreement and to any matter arising from or relating to the Agreement. The Parties (a) consent to the exclusive jurisdiction and venue of the federal and state courts located in Orange County, Florida in any action arising out of or relating to this Agreement; (b) both Parties waive any objection they might have to jurisdiction or venue of such forums or that the forum is inconvenient; and (c) agree not to bring any such action in any other jurisdiction or venue to which either party might be entitled by domicile or otherwise.

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The words Mazak, Mori Seiki, Okuma, Kitamura, Toyoda, Fadal, Haas, Cincinnati, Starr Swiss, Citizen Swiss, Nakamura, Daewoo, Doosan, Makino, Matsuura and DMG are used solely to identify the make and model of used CNC machine tool and does not imply or indicate any affiliation or relation with manufacturers or distributors.



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