Cincinnati Machines, Inc 2629 Spring Grove Ave. Cincinnati, Ohio 45214 (513) 681-1953 Fax (513) 853-6151

PLEASE READ THIS TERMS & CONDITIONS AGREEMENT CAREFULLY, THEN CLICK EITHER “AGREE” OR “DISAGREE”. BY CLICKING “AGREE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS OF SALE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF SALE, CLICK “DISAGREE”, AND YOU WILL RETURN TO HOMEPAGE.

This quotation is given or accepted on and subject to the following terms & conditions, which may not be modified except in writing signed by a duly authorized agent of Cincinnati Machines, Inc. (Cincinnati Machines). CINCINNATI MACHINES EXPRESSLY OBJECTS TO THE INCLUSION OF ANY DIFFERENT OR ADDITIONAL TERMS AND OR CONDITIONS PROPOSED BY PURCHASER IN PURCHASER'S ACCEPTANCE OF THIS OFFER TO SELL, AND IF THEY ARE INCLUDED IN PURCHASER'S ACCEPTANCE, A CONTRACT FOR SALE WILL RESULT UPON CINCINNATI MACHINES' TERMS AND CONDITIONS AS STATED HEREIN. IN ADDITION, IF THIS DOCUMENT IS DEEMED AN ACCEPTANCE OF AN OFFER TO BUY FROM PURCHASER, SUCH ACCEPTANCE IS EXPRESSLY MADE CONDITIONAL ON PURCHASER'S ASSENT TO ANY TERMS ADDITIONAL TO OR DIFFERENT FROM THOSE PROPOSED IN PURCHASER'S ORDER OR ORDER TO BUY. SUCH ASSENT SHALL BE DEEMED TO OCCUR UPON THE FAILURE OF PURCHASER TO SPECIFICALLY OBJECT IN WRITING WITHIN 10 DAYS FROM THE RECEIPT HEREOF, OR BY PURCHASER'S PARTIAL OR COMPLETE PERFORMANCE INCLUDING BUT NOT LIMITED TO PAYMENT OR ACCEPTANCE OF PRODUCTS.

TERMS: Payment in full with order prior to shipment. Prices quoted are F.O.B. Buyer's truck(s), Cincinnati, Ohio, unless otherwise stated. It is the Buyer's sole responsibility to arrange and provide proper conveyance for the subject machinery. Proper conveyance shall include, but not be limited to, utilizing airride and covered equipment throughout the shipment. Cincinnati Machines shall void the warrranty of any machinery that is not, as a minimum, transported utilizing the above listed standards. All machines offered subject to prior sale and any prices quoted are exclusive of any government sales tax. Machinery descriptions are intended only as a guide, and although information has been obtained from sources deemed reliable, Seller makes no warranty or guarantee, expressed or implied, as to the contained information. IT IS FOR THIS REASON THAT BUYERS SHALL AVAIL THEMSELVES OF THE OPPORTUNITY TO MAKE INSPECTION PRIOR TO SALE.

GUARANTEE: Unless otherwise noted, this machine is sold, as inspected, but is unconditionally guaranteed to be mechanically satisfactory. If machine should prove otherwise, Buyer may return machine for full refund within 30 days from original ship date. Buyer is responsible for all freight, rigging, demurrage and associated charges. This guarantee does not apply to machinery and equipment that: 1) we do not own; 2) is sold on an "as is" basis; 3) is sold at less than full quoted price; 4) is damaged by truckers, riggers, buyers, or any other entity once it is loaded on buyer's conveyance at our warehouse. Risk of loss, or damage of the machinery or equipment shall pass to the Buyer F.O.B. Point of Origin. Any claims for loss or damage after risk of loss has passed, shall be filed by Buyer with the carrier. Any and all machines returned must be returned in the same condition that it left our warehouse. All claims for refund must be made in writing within the guarantee period. No machinery and equipment may be returned to Seller without Seller's prior written notice.

INDEMNIFICATION: Buyer agrees to indemnify and hold Cincinnati Machines harmless from any and all liability, loss, or damages which Cincinnati Machines may suffer as a result of claims, demands, costs or judgements made against Cincinnati Machines arising out of any use whatsoever of the machinery and equipment sold pursuant to this agreement, which liability, loss or damages, claims demands or judgements are based upon or result from (1) the failure of Buyer, Buyer's officers, agents, or employees to follow manufacturer's instructions, warnings, or recommmendations; or (2) the failure of Buyer, Buyer's officers, agents, or employees to comply with federal, state, or local laws or regulations applicable to the use of such equipment, including, but not limited to the 1970 Occupational Safety and Health Act as amended; or (3) any liability, loss or damages, claims, demands, costs or judgements based upon or resulting from any negligence or alleged negligence of Cincinnati Machines or any Cincinnati Machines' officers, agents or employees in the sale of the equipment that is the subject of this agreement; or (4) any liability, loss or damages, claims, demands, costs or judgements based upon or resulting from any legal theory of strict liability without fault applied to Buyer or Cincinnati Machines or to the actual manufacturer of the subject machinery or equipment to Cincinnati Machines; or (5) any liability, loss or damages, claims, demands, costs or judgements based upon or resulting from, any theory or breach of any kind.

DISCLAIMER OF WARRANTIES: There are no warranties expressed or implied, including warranties of merchantability and fitness for purpose made by Cincinnati Machines in connection with this sale, except as expressly set forth herein. Buyer in purchasing equipment, agrees upon receipt of machinery subject to this agreement, it will be buyer's duty to inspect all machinery on a continuing basis; provide proper safety devices and equipment or means necessary to safeguard the operator from harm for any particular use, operation or setup of machines; to adequately safeguard each machine or equipment to meet all government safety standards which may be imposed from time to time, including but not limited to, 1970 Occupational Safety and Health Act.

LIMITATION OF LIABILITY: No claim made hereunder by the Buyer, whether as to a machine delivered or for non-delivery shall be greater than the purchase price of the machine with respect to which claim is made. Furthermore, under no circumstances, shall Cincinnati Machines, and/or Cincinnati Machines' officers, directors, shareholders, and employees, be responsible for any damages, costs or expenses (actual, compensatory, consequential, punitive, or otherwise) arising directly and/or indirectly from the machine sold hereunder, Buyer's use of such machine, any claims of breach of warranty, and/or the use of the machine by parties purchasing the machine from Buyer.

GOVERNING LAW: This agreement shall be construed according to the laws of the State of Ohio. Further, it is agreed that any claims relative to this agreement, or the machinery and equipment purchased herein, shall be brought in the appropriate Court in Hamilton County, Ohio.