1. Description of CNCRebuild.com and These Terms of Service
a. Welcome to CNCRebuild.com! CNCRebuild LLC (“CNCRebuild“, “CNCRebuild.com”, “us”, “we”, “our”) provides its products and services subject to these Terms of Service (“Terms”). By using CNCRebuild.com, you agree to the following Terms. These Terms may be updated by us from time to time, and we encourage you to revisit this page often and review the Terms. In addition to these Terms, when using particular CNCRebuild.com owned or operated services, you may also be subject to any additional posted guidelines applicable to such services.
b. CNCRebuild.com provides you with access to many valuable resources, including CNCRebuild.com Used CNC Values, New CNC Estimates and quotes from dealerships, research, reviews and ratings, CNC buying advice, CNC Machines marketplace, as well as links to sites where you can obtain machines services such as financing and insurance, and other existing services and those that may later be offered to you (the “Service”). The Service includes advertisements, which are necessary for CNCRebuild to provide the Service to you. Unless explicitly stated otherwise, any new features that we may add to CNCRebuild.com will also be subject to these Terms, and any other special terms of service referenced in the new feature.
3. Personal Use Only
a. You may make personal use of all of the information you access on CNCRebuild.com (“Information”), but you may not take any of the Information and reformat and display it, or copy it on your Web site or in any other format, and you may not store or migrate any of the Information or other data from CNCRebuild.com without CNCRebuild LLC’s written permission. By using the Service, you agree not to sell, store, distribute, transmit, display, reproduce, modify, migrate, create derivative works from, or otherwise exploit any of the Information content or data related to any portion of the Service. You may print a copy of particular machinery values and prices and use the Information for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on CNCRebuild.com. If you want to make commercial use of the CNCRebuild LLC Information or Services, you must enter into an agreement with us to do so in advance.
4. Feedback and Other Contributions to CNCRebuild.com
a. By submitting ideas, survey responses, suggestions, documents, comments, and/or proposals (“Contributions”) to CNCRebuild.com through its surveys, “contact us”, or suggestion or feedback web pages, you acknowledge and agree that:
i. Your Contributions do not contain confidential or proprietary information;
ii. CNCRebuild.com is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
iii. Your Contributions automatically become the property of CNCRebuild LLC without any obligation of CNCRebuild.com to you and CNCRebuild.com shall be entitled to use, copy, modify, or disclose (or choose not to use or disclose), delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Contributions for any purpose, in any way, in any media worldwide;
iv. CNCRebuild.com may have something similar to the Contributions already under consideration or in development; and
v. You are not entitled to any compensation or reimbursement of any kind from CNCRebuild.com under any circumstances for your Contributions.
5. CNCRebuild.com Price Guide Terms and Conditions
a. Overview: With the CNCRebuild.com Price Guide you can complete a questionnaire online. It is important to note that the Instant CNCRebuild Price Guide Valuation is based on specific information about your machine, which may result in variations from the information collected in connection with a value and cash offer. The Offer may be less than the CNCRebuild Price Guide Value and may be lower than the Trade-In Range for a machine.
i. Your machine must pass a mandatory inspection by a qualified service inspection. If the inspection report differs from your description or assessment may decrease the Offer amount.
b. Offers Require Review: Although the majority of CNC Machine Price Guide generated by the Instant valuation will be delivered within moments of submitting a valid request, some requests require manual review. This manual review process usually will be completed within 7 business days.
c. The Information You Provide in Connection with Your Offer: You acknowledge that if you provide us with any false, incomplete or inaccurate information, including, without limitation, machine information or personal contact information, your offer may be immediately invalidated. By requesting an Offer, you agree that we, our service, and Participating Dealers may contact you, by any method that you supplied for your contact information, about other products and services that may be of interest to you. By supplying a mobile number, you consent to receive calls or texts at that number, whether manually or automatically dialed, from us and from Participating Dealers. You do not have to provide us with a mobile number.
d. Verification Instructions:
i. Participating Dealers will conduct a mandatory inspection free of charge to verify the accuracy of the machine and condition. This verification inspection may include, for example, repeatability, accuracy, vibration, repair history, crashes, worn components, hours, physical and cosmetic condition. All decisions regarding the condition of your machine will be final.
e. Redeeming Your Instant Cash Offer
i. Selling Your Machine to a Participating Dealer. If you decide to redeem your Instant Cash Offer by selling your Machine, the Participating Dealer will issue you a purchase order with terms and payment following the release of all applicable liens and lease obligations and the Participating Dealer’s receipt of a clear and unencumbered title.
ii. Redeeming Your Offer Towards the Purchase of Another Machine: If you elect to apply your Cash Offer to the purchase of another machine, your Participating Dealer will issue you a credit toward the price of any machine available in its inventory in exchange for your machine. The Offer credit will be given after the release of all applicable liens and lease obligations and the receipt of a clear and unencumbered title.
iii. Equity in Your Machine: If there are outstanding lien or lease obligations on your machine, the following will apply:
1. Negative Equity: If you have negative equity in your machine (i.e., your outstanding loan balance or lease payment obligation exceeds the amount of your Instant Cash Offer), you will be responsible for paying the difference between the Cash Offer and the amount needed to clear the title to your machine by certified check or other form of payment acceptable to the Participating Dealer before your transaction can be completed.
2. Positive Equity: If you have positive equity in your machine, the Participating Dealer will issue you a payment or a trade-in credit, as applicable, for the difference between the amount needed to clear the title (including any related fees) to your machine and the Cash Offer. Your Participating Dealer will assist you with the processing of the paperwork and payments necessary to settle your loan or lease obligations and to obtain a clear title to your machine. This process typically takes 7 to 14 business days following delivery of a machine to a Participating Dealer, but it could take longer in some circumstances.
f. Release: BY REDEEMING AN OFFER, YOU AGREE NOT TO SUE CNCRebuild, ITS AFFILIATES, ITS SERVICE PROVIDERS, OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FOR, AND AGREE TO RELEASE AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST, ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF ANY MACHINE SALE OR CASH OFFER TRANSACTION THAT YOU ENTER INTO WITH A DEALER IN CONNECTION WITH THE INSTANT CASH OFFER. IN THE EVENT THAT ANY CLAIMS OR DISPUTES ARISE OUT OF SUCH A TRANSACTION, YOU AGREE TO THE RELEASED PARTIES.
6. Buying and Selling
a. CNCRebuild.com offers a machinery listing and information service that brings together buyers and sellers. Information, options and condition about a particular machine is supplied by the seller, not by CNCRebuild.com. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller.
b. Though we hope that all who come to CNCRebuild.com will act honorably and treat each other fairly, we cannot verify the information that sellers supply or guarantee the machine they offer. Nor can we assure the seller of a machine that the payment he or she receives from the buyer is legitimate. When using CNCRebuild.com to find a buyer for your machine or a machine to purchase, we urge you to use the same common sense and good judgment you would use in selling a machine through, or responding to, a classified ad in the newspaper. There is no substitute for healthy skepticism and your own good judgment. Buyer be Aware you are purchasing As it is, Where it is.
c. Buying a CNC Machine
i. The prices listed by sellers on CNCRebuild.com often exclude sales tax, finance charges, machine preparation, rigging and shipping fees, any or all of which may be added to the listed price to arrive at the final price of a particular machine. Before purchasing a CNC machine or any other good or service you have read about on CNCRebuild.com, you should confirm with the seller any information, including the price that is important to your purchasing decision. CNCRebuild is not responsible for, and does not guarantee the performance of, any such machinery, goods or services listed or researched on CNCRebuild.com.
ii. We may screen some email messages sent through CNCRebuild.com to sellers about machines listed on CNCRebuild.com. If it appears that your email message has not reached the seller you can reach our office for other means of communication.
iii. Certain dealers who participate in an anonymous chat or anonymous texting service provided by CNCRebuild.com or its affiliates may offer you an option to inquire about a listed machine without disclosing your personal information (such as your name, e-mail address or telephone number). If you contact a dealer via an anonymous text, the dealer will be able to respond to that text and contact you without having access to your mobile number. Both you and the dealer have the option to end such chat or text conversation at any time. If, in the course of such chat or text conversation, you supply to the dealer your email address and/or telephone number, you consent to receive e-mail communications to such e-mail address and calls and texts at that number, whether manually or automatically generated. You are under no obligation to provide your name or contact information over the course of such chat or text conversation.
iv. Anonymous chat and text service relies on infrastructure and services furnished by third-party providers. Neither CNCRebuild.com, nor its affiliates, nor participating dealers warrant the continuous availability or error-free operation of the anonymous chat and text services.
d. Listing Your Machine
i. In order for you to offer a machine for sale through our Sell Your CNC service for sellers, you must agree to our Terms of Sale. The Terms of Sale require, among other things, that you be prepared to sell your machine at the price at which, and on the terms on which, you have listed it. You must have possession of the actual machine listed and the ability to transfer title. To list a machine for sale on CNCRebuild.com, sellers also are required to provide certain identifying and contact information. The information must accurately identify the seller and the method of contact must permit buyers to communicate with the seller using our messaging platform and further communication by telephone, email and text once CNCRebuild.com releases contact information to both buyer and seller.
ii. By using CNCRebuild.com to sell your machine as a seller, you represent that you are at least 18 years of age.
iii. When you list a machine for sale through our Sell Your CNC service, we may obtain additional distribution for your listing through our relationships with other websites. We also may promote your listing on or through third-party websites or services. Neither CNCRebuild nor any website through which we distribute or promote your listing will charge you any additional fee for this additional exposure. It is simply added value from CNCRebuild.com. Our promotional partners will not contact you with offers to sell you additional distribution or add-on advertising services for your listing without your permission. If third parties contact you without your permission offering to sell you such services, they have likely misused CNCRebuild.com and violated these Terms to exploit your listing information. If you receive any such solicitations that you did not authorize, please bring them to our attention by using our contact us form.
iv. Listings are not to be used to advertise more than one machine, regardless of a listing’s duration. For this reason, you cannot edit your machine’s year, make, model, or serial number once you have activated a listing. Always double-check this information before activating a listing. If you enter incorrect information in the year, make, model, or serial number fields, you will have to delete the listing and enter a new one to create an accurate listing. By using CNCRebuild.com to sell your machine, you agree to pay the seller fee’s.
v. Responsibility for the information contained in each listing lies with each seller. You alone are responsible for the material on your post, including listing information and photos of your machine, and for the content of all email messages you transmit through CNCRebuild.com. Nothing will undermine a user’s confidence in the machine you are looking to sell faster than inaccurate statements or misleading representations about the machine. And since any erosion of user confidence in you is likely to be accompanied by erosion of user confidence in us, we care deeply about making sure that the information you supply is accurate and that, in all respects, you treat other users of CNCRebuild.com fairly and honorably.
vi. In connection with our efforts to combat Internet fraud, listings may be screened before being posted publicly. This process may delay the publication of your listing. Though we cannot monitor every transaction that originates through a listing on CNCRebuild.com, we may, from time to time, perform random quality assurance tests to confirm that those who offer machines for sale over CNCRebuild.com are prepared to sell those machines at the prices and on the terms which such machines are advertised. By using CNCRebuild.com, you agree to cooperate in these quality assurance tests. If our tests reveal, or we otherwise learn, that a seller may be violating these Terms, we reserve the right to deny that seller use of services offered on CNCRebuild.com and any affiliated websites and remove that seller’s listings from each site.
vii. By listing a machine for sale on CNCRebuild.com, you agree to use the email addresses of those responding to your listing only to communicate with them about the potential sale of that machine.
7. Payment Terms
a. Purchaser may pay purchase price in full prior to shipment or use a “cash on delivery” method. The Terms of payment are net cash in United States dollars, prior to shipment or on delivery, to CNCRebuild place of business, unless otherwise specified on the accompanying “quote/invoice” form. Purchaser shall pay CNCRebuild 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 CNCRebuild arising out of or in connection with efforts by CNCRebuild 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, CNCRebuild shall retain title. Full payment of any and all agreements constitutes full understanding and agreement of CNCRebuild 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 CNCRebuild managing member.
8. Return and Refund
a. NO Return & NO Refunds on equipment sold “AS IS, WHERE IS, WITH ALL FAULTS” unless otherwise stated on your invoice. CNCRebuild 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 CNCRebuild and contact manufacturer of the equipment to get this information. Purchaser must notify CNCRebuild within 10 days of initial start up. Purchaser will provide updates to CNCRebuild regarding how the machine is operating. “30 Day Return Repair” is CNCRebuild 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. CNCRebuild has the option to repair or accept the return. In the event of a return, Purchaser must have approval in writing from CNCRebuild. All Freight, proper preparation for shipping and rigging will be the responsibility of the purchaser. Once CNCRebuild verifies the machine has been delivered and inspected for any additional damage, then CNCRebuild will refund the purchase price.
a. 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 CNCRebuild 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 CNCRebuild, be added to the quoted purchase price and invoiced by CNCRebuild to Purchaser. The failure of CNCRebuild 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 CNCRebuild 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.
CNCRebuild 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 CNCRebuild 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 CNCRebuild.
11. Hazardous Materials
a. Purchaser understands that the equipment or merchandise sold hereunder have been used by persons other than CNCRebuild. 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 CNCRebuild). Purchaser does hereby discharge CNCRebuild 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 CNCRebuild to give more specific warning with respect to individual articles or substances or from the inadequacy of any warning.
a. Upon reasonable notice to CNCRebuild, Purchaser shall have the right to inspect the merchandise and equipment at location during normal business hours prior to time of shipment. CNCRebuild STRONGLY RECOMMENDS THAT PURCHASER CONDUCT AN ON-SITE INSPECTION OF THE EQUIPMENT AND MERCHANDISE SOLD HEREUNDER. CNCRebuild 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 CNCRebuild 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 CNCRebuild or be grounds for any subsequent claim.
13. Freight and Insurance
a. All freight and insurance charges are the responsibility of Purchaser unless otherwise agreed by CNCRebuild 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, CNCRebuild will not be held responsible.
14. Limitation of Remedies
a. 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.
15. Modifications and Termination of Service / Severability
a. CNCRebuild reserves the right at any time and from time to time to modify, update, suspend or discontinue all or part of the Service for any reason with or without notice to you. All terminations will be made in CNCRebuild sole discretion and you agree that CNCRebuild will not be liable for any termination of your use of or access to the Service.
b. 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 CNCRebuild. 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 Conditions
16. CNC Machines Proprietary Rights
a. You acknowledge and agree that the Service and all materials on CNCRebuild.com contain proprietary information and data that is protected by applicable copyright, trademark and other intellectual property laws (CNCRebuild’s “Proprietary Information”). All materials on CNCRebuild.com, including such Proprietary Information, may only be used for personal, non-commercial purposes, and you agree not to sell, transfer, reproduce, duplicate, distribute, publish, modify, migrate, store, copy or transmit any material from CNCRebuild.com unless and until you have obtained our prior written consent. The Proprietary Information covered by this prohibition includes, without limitation, the software programming and html and other code contained in the Web site.
17. No Illegal Use
a. As a condition of your use of and access to CNCRebuild.com, you agree not to use the Services for any unlawful purpose or in any way that violates these Terms. You also agree not to use the Services in any way that could damage, disable, overburden, or impair CNCRebuild.com or any CNC Machine LLC server, or the associated networks, or interfere with any other party’s use and enjoyment of any Services.
18. Dispute Resolution – Mandatory Arbitration and Class Action Waiver
a. Arbitration Agreement: YOU AND CNCRebuild AGREE THAT ANY CLAIMS OR DISPUTES (“Claims”) THAT ARISE OUT OF OR RELATE IN ANY WAY TO THESE TERMS, CNCRebuild.COM, OR THE SERVICES (INCLUDING BUT NOT LIMITED TO BILLING DISPUTES) SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION OR IN SMALL CLAIMS COURT. In arbitration, there is no judge and no jury. Instead, Claims are decided by an arbitrator whose authority is created by and governed by this arbitration agreement. Review of arbitration awards in the courts is very limited.
b. Class Action Waver: YOU AND CNCRebuild AGREE THAT ALL CLAIMS BETWEEN US WILL BE RESOLVED IN AN INDIVIDUAL ARBITRATION. WE BOTH AGREE THAT THERE WILL BE NO CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTIONS IN ARBITRATION. In addition, neither you nor CNCRebuild may participate in a class or representative action in court as a class member if the Claims asserted in the litigation would fall within the scope of this arbitration agreement if asserted directly by you or CNCRebuild. To be clear, you and CNCRebuild both waive any right to participate in any class action involving disputes between us.
c. This class action waiver is an essential part of our arbitration agreement and may not be severed. If for any reason this class action waiver is found unenforceable, then the entire arbitration agreement will not apply. However, the Jury Trial Waiver set forth in of these Terms will remain in full force and effect.
d. Arbitrator Autority: The arbitrator’s authority is governed by this arbitration agreement. You and CNC Machine LLC agree that the arbitrator may award the same relief that a court of competent jurisdiction could award – consistent with and limited by these Terms (including the limitations of liability set forth in Section 17), but the arbitrator may not award declaratory or injunctive relief that extends beyond you and your dealings with CNCRebuild. An arbitrator may award attorneys’ fees and costs to the prevailing party if a court would be authorized to do so under the applicable law.
e. Arbitration Procedures: You and CNCRebuild agree that your agreement affects interstate commerce, and the Federal Arbitration Act applies. All arbitrations shall be conducted by JAMS Endispute under its Streamlined Arbitration Rules and Procedures (“JAMS”). These Rules are available on the JAMS website at https://www.jamsadr.com or by calling 1.800.352.5267. If there is a conflict between the JAMS Rules and this arbitration agreement, then this arbitration agreement shall control. CNCRebuild will pay all filing fees and costs associated with commencing an arbitration, but you will be responsible for paying your own attorneys’ fees (if you chose to use an attorney in arbitration) unless you prevail in the arbitration and the arbitrator finds that you are entitled to recover your fees under the law. Except for claims determined to be frivolous, CNCRebuild agrees not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law. If you bring an arbitration against CNCRebuild, the arbitration hearing will be held Seminole County FL.
f. Survival: This arbitration agreement survives the termination of these Terms between you and CNCRebuild.
19. Jury Trial Waver
a. You and CNCRebuild expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that if for any reason the arbitration agreement contained in Section 11 is not enforced or is found inapplicable, our claims against each other will be resolved by a judge rather than a jury.
20. Disclaimer of Warranties
You Expressly Understand and Agree That:
a. Your use of the Service is at your sole risk. CNCRebuild provides the Service to you on an “AS IS, WHERE IS” and “AS AVAILABLE” basis. CNCRebuild and its owners, shareholders, subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. CNCRebuild and its owners, shareholders, subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the Service will meet your requirements; (ii) the Service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Service will be accurate or reliable; (iv) the quality of any products, services, information or other material accessed, purchased or obtained by you through the Service will meet your expectations; and (v) any errors will be corrected.
c. All material and information obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the accessing of any such material.
d. No advice or information, whether oral or written, obtained by you from CNCRebuild.com or its affiliates or partners through or from the Service shall create any warranty whatsoever.
e. Machines valuations are opinions and may vary from machine to machine. Actual valuations are based upon current available information and analysis of market conditions, and will vary depending on specifications, condition or other particular circumstances pertinent to a particular machine or the transaction or the parties to the transaction. CNCRebuild assumes no responsibility for the accuracy of machine values and no responsibility for errors.
f. The equipment or merchandise sold by CNCRebuild hereunder “AS IS, WHERE IS, WITH ALL FAULTS” and without warranty. CNCRebuild 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. CNCRebuild 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 CNCRebuild 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 CNCRebuild. Purchaser agrees with final payment to be aware of any and all faults prior to purchase as it is, where it is.
21. Free of Hazardous Materials
a. Seller warrants to Buyer that Seller will (a) remove all hazardous chemicals or hazardous materials from the machine(s)and/or equipment and clean items in such a manner as to remove all hazardous chemicals and hazardous materials. This warranty survives any delivery, inspection, acceptance or payment.
22. Limitation of Liability
a. You expressly understand and agree that CNCRebuild and its owners, shareholders, subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if CNCRebuild has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services obtained or received or transactions entered into as a result of your use of the Service; (iii) statements or conduct of any third party related to the Service; or (iv) any other matter relating to the Service. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of Sections 12 and 13 may not apply.
23. Indemnity and Release
a. When you use CNCRebuild.com, you are agreeing to indemnify CNCRebuild, its owners, shareholders, subsidiaries, affiliates, officers, employees, partners, and licensors and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from your use of the CNCRebuild.com Web site, your use of the Service, or your submission of Contributions as set forth in Section 4 above. By using CNCRebuild.com you are agreeing to release CNCRebuild and its owners, shareholders, subsidiaries, affiliates, officers, employees, partners, and licensors from any and all claims, fees, costs, damages and obligations of any kind whatsoever that you may have against them arising out of or in any way related to such claims or obligations and to any disputes regarding use of ideas and/or related materials submitted to CNCRebuild.com. You hereby agree to waive all laws that may limit such releases.
24. Changes and Updates to These Terms of Service
a. CNCRebuild may occasionally update or change these Terms, so we encourage you to view them often. Your continued use of the Service constitutes your agreement to these Terms and any updates.
25. General Information
a. Choice of Law: The Terms and the relationship between you and CNCRebuild shall be governed by the laws of the State of Florida without regard to its conflict of law provisions.
b. Waiver and Severability of Terms: The failure of CNCRebuild to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
c. Entire Agreement: The Terms constitutes the entire agreement between you and CNCRebuild and governs your use of the Service, superseding any prior Terms with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other CNCRebuild services, affiliate or third-party services.
d. Statute of Limitations: You agree that any claim, demand, or cause of action arising out of or related to the Service or your access or visit to CNCRebuild.com or these Terms must be filed by you within one (1) year after such claim, demand, or cause of action arose, or it is forever barred.
26. Reporting Violations to the Terms
a. Please report any violations of the Terms to CNCRebuild by sending an email to info@CNCRebuild.com.