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Purchaser must pay purchase price in full prior to shipment. Terms of payment are net cash in United States dollars, prior to shipment, to CMN’s place of business, unless otherwise specified on the accompanying “quote/invoice” form. Purchaser shall pay CNCMachines.Net (“CMN”) a late penalty on all amounts over 30 days past due computed on an interest rate equal to 18% per annum. Purchaser shall also be liable for any and all costs and expenses incurred by CMN arising out of or in connection with efforts by CMN to collect any unpaid amounts hereunder including, without limitation, attorney or collection agency fees and expenses. Title to this equipment or merchandise shall not pass to Purchaser until payment of the purchase price is made in full. Prior to said payment, CMN shall retain title. Full payment of any and all agreements constitutes full understanding and agreement of CMN terms and conditions. Buyers purchasing used machine tools “as is, where is with all faults” unless otherwise agreed to in written terms with authorization from CMN managing member.
Prices do not include any federal, state or local taxes, which are in addition to the purchase price and must be paid by Purchaser. Any and all foreign duties and taxes
are the responsibility of Purchaser. Unless Purchaser furnishes CMN with a tax exemption certificate, any sales, use, excise or other similar tax, where applicable, shall also be
the responsibility of Purchaser and may, at the election of CMN, be added to the quoted purchase price and invoiced by CMN to Purchaser. The failure of CMN to invoice such
taxes does not excuse the Purchaser from responsibility for paying them. In the event that Purchaser either fails to pay the tax or other charges as agreed above or fails to provide
a valid exemption certificate, Purchaser agrees to indemnify and hold CMN harmless from any liability and expense by reason of Purchaser’s failure. Such indemnification shall
include, but not be limited to, attorneys’ fees and/or other legal expenses relating to such failure.
CMN is not responsible for machine tool design, specification, tolerances or engineering and will not, under any circumstances, provide any warranty
indemnification or other liability or obligation with respect to Products to the extent related to or arising out of the design, specification, tolerances or engineering of such
Products. Suggestions by CMN regarding the design, specification, tolerances, use or suitability of the Products are made in good faith but are not binding upon any party and do
not give rise to any liability by CMN.
The equipment or merchandise sold by CMN hereunder “AS IS, WHERE IS, WITH ALL FAULTS” and without warranty. CMN NEITHER MAKES NOR ASSUMES ANY LIABILITY UNDER ANY WARRANTY, WHETHER CONTRACTUAL, STATUTORY, BY OPERATION OF LAW OR OTHERWISE. THE WARRANTIES DISCLAIMED HEREUNDER INCLUDE, BUT ARE NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CMN does not warrant that the merchandise and goods will not infringe any patent, trademark or other rights of a third party, or that such equipment or merchandise conforms to any plans or specifications of Purchaser or others, or meets any requirements of any federal, state, or local laws, regulations or ordinances, pertaining to safety or insurance requirements. No salesman or other representative of CMN has authority to make any warranties. It is always Purchaser’s responsibility to inspect the goods and to ascertain if the specifications, tolerances, descriptions and condition of the goods conform to the Purchaser’s requirements. Any warranty concerning said goods made by any third party is enforceable only against the third party and not against CMN. Purchaser agrees with final payment to be aware of any and all faults prior to purchase as it is, where it is.
RETURN & REFUND:
NO Return & NO Refunds on equipment sold “AS IS, WHERE IS, WITH ALL FAULTS” unless otherwise stated on your invoice. CMN does offer “30 DAY RETURN REPAIR” on approved equipment. Purchaser has 10 days from date of arrival to have correct high voltage electrical current going into the machine. If purchaser is uncertain about electrical power up, they must notify CMN and contact manufacturer of the equipment to get this information. Purchaser must notify CMN within 10 days of initial start up. Purchaser will provide updates to CMN regarding how the machine is operating. “30 Day Return Repair” is CMN commitment that the machine will be fit for its intended purpose and in working order. The “30 Day Return Repair” is to ensure that the major components are in working order at the time of power and for the 30 day window from date of shipment. Major components are the spindle, ball screw, control, motors, drives, and tool changer. Major components ensure the used machine is fit for it’s intended purpose and is in working order. CMN has the option to repair or accept the return. In the event of a return, Purchaser must have approval in writing from CMN. All Freight, proper preparation for shipping and rigging will be the responsibility of the purchaser. Once CMN verifies the machine has been delivered and inspected for any additional damage, then CMN will refund the purchase price.
Purchaser understands that the equipment or merchandise sold hereunder have been used by persons other than CMN. Purchaser is warned
and acknowledges that such equipment or merchandise 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, to health, or to property (by reason of toxicity, flammability, explosiveness or for other similar or different reasons during use,
handling, cleaning, reconditioning, disposal or at any other time after the article leaves the possession and control of CMN). Purchaser does hereby discharge CMN 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 the failure of CMN to give more specific warning with respect to individual articles or substances or from the inadequacy of any warning.
Upon reasonable notice to CMN, Purchaser shall have the right to inspect the merchandise and equipment at location during normal business hours prior to time of shipment. CMN STRONGLY RECOMMENDS THAT PURCHASER CONDUCT AN ON-SITE INSPECTION OF THE EQUIPMENT AND MERCHANDISE SOLD HEREUNDER. CMN SHALL NOT BE RESPONSIBLE FOR THE CONSEQUENCES OF PURCHASER’S FAILURE TO INSPECT THE EQUIPMENT OR MERCHANDISE OR FOR ANY INACCURACIES, INSUFFICIENCIES, OR OMISSIONS IN SUCH DESCRIPTIONS, SAMPLES, TOLERANCES AND/OR SPECIFICATIONS. The employees or representatives of CMN are not authorized to make any statement or representation as to the quality, character, size, condition, quantity, etc. of the equipment and merchandise offered for sale inconsistent with these Terms and Conditions. Any such statements made will not be binding on CMN or be grounds for any subsequent claim.
Purchaser acknowledges that these are the only Terms and Conditions of sale, and is intended by the parties as a complete and
exclusive statement of the terms of their agreement. This supersedes all prior agreements, written or oral. Any variation from the terms hereof contained in the Purchaser’s
acceptance is hereby rejected. The agreement of which these terms are a part can be modified or rescinded only in writing signed by CMN. If any provision of the invoice or
these Terms and Conditions is determined illegal or unenforceable, it shall not affect the enforceability of any other provision or paragraph of the invoice or these Terms and
FREIGHT AND INSURANCE:
All freight and insurance charges are the responsibility of Purchaser unless otherwise agreed by CMN and Purchaser in writing. All freight is shipped Ex Works/Ex-Source/Ex-Site. Purchaser shall bear all risk of loss with respect to the equipment or merchandise sold hereunder. If an item is damaged or lost during shipping, CMN will not be held responsible.
LIMITATION OF REMEDIES:
No claim arising out of or relating to this agreement shall be greater in amount than the purchase price of the merchandise or equipment in
respect of which such damages are claimed. Failure to give notice of claim within thirty (30) days from the date of delivery or the date fixed for delivery (in the event of non-
delivery) shall constitute a waiver by Purchaser of all claims in respect of such merchandise. The remedy hereby provided shall be the exclusive and sole remedy of Purchaser
and any right to consequential and incidental damages is excluded.