Stipulated below are the Terms and Conditions for users who will use NDT ONLINE (hereinafter the “Service”), which is a transaction support online platform for things such as construction equipment, heavy equipment, and transportation vehicles, organized and operated by NDT Corporation Ltd. (hereinafter the “Company”). They will apply to everyone who uses the Service. Please thoroughly read and agree to the terms below before participating

Article 1 (Application)

1.These User Terms and Conditions will apply to all users who use the Service.

2.Of the "NDT ONLINE users" (defined in Article 2.2), a seller (defined in Article 2.3) can sell (defined in Article 2.6) Subject Products (defined in Article 2.5). In that case, the "Seller Terms and Conditions" that is separately stipulated by the Company will apply to the seller.

3.Of the "NDT ONLINE users," a buyer (defined in Article 2.4) can use the Service to purchase Subject Products. In that case, the "Buyer Terms and Conditions" that are separately stipulated by the Company will apply to the buyer.

4.In these User Terms and Conditions, these User Terms and Conditions, the Seller Terms and Conditions, and the Buyer Terms and Conditions are collectively referred to as the "Terms."

5.In the event that the Service was used, it will be deemed that the user agreed to the content of these User Terms and Conditions.

Article 2 (Definitions)

Except for cases in which separate definition has been made, in these User Terms and Conditions the terms in each of the items below will have the meanings below.

Article 3 (Use of the Service)

1.The user can use the Service within a scope that does not violate the Terms and in accordance with the Company’s stipulated method. All users can view information related to Subject Products that listed on NDT ONLINE, but NDT ONLINE non-registered users can only view the desired sale price, while NDT ONLINE registered users can view the desired sale price and the desired purchase price.

2.In the event that the user will use the Service to sell or purchase a Subject Product, he or she must register as an NDT ONLINE user, according to Article 4.

3.A sales contract under the Service will be concluded respectively between the seller who is the party selling the Subject Product and the Company, and between the Company and the buyer who is the party making the purchase.

4.For things such as payment of consideration for sales of Subject Products that use the Service, calculation will be made in Japanese yen, and in the event that the user wants to make payment in another currency due to reasons arising from the trading country, the Company will decide whether or not that is possible.

5.Preparation and maintenance of the computer, software, other equipment, communication lines, and other items of the communication environment that are necessary in order to receive provision of the Service will be conducted at the user’s expense and liability.

6.The user must, at his or her own expense and liability and in accordance with his or her usage environment for the Service, take security measures to prevent infection by computer viruses and to prevent such things as unauthorized access and information leaks.

Article 4 (Registration)

1.The user can apply for registration as an NDT ONLINE user by agreeing to comply with the content of the Terms and accurately entering the information stipulated by the Company on the Service’s site (hereinafter the "Registration Information"). An application for registration must, without fail, be made by the user who will use the Service.

2.A user who wants to be registered as an NDT ONLINE user must, in accordance with a request by the Company, submit the necessary materials (including but not limited to documents that verify identity, such as a driver’s license, a certified copy of company registration, and notification of commencement of business). Investigation for identity confirmation related to the relevant user may be conducted.

3.In the event that the user applied for registration based on Article 4.1, the Company will give the user the necessary user ID and password for the purpose of logging in to and using the Service’s site. After issuing a user ID and a password to the user the Company will, in accordance with the Company’s criteria, judge whether or not registration as an NDT ONLINE user is possible, and then the Company will notify the relevant user of the decision as to whether or not registration as a NDT ONLINE user is possible. Based on that notification, the user’s individual type of registration (provided, however, that it is limited to registration for the type for which the relevant user applied for) will be completed and it will be possible to use the Service as an NDT ONLINE user. For a user who was not allowed to become an NDT ONLINE user, the user ID and password will become invalid upon notification being made. After the individual type of registration is completed, the Company may send e-mail newsletters issued by the company and e-mails concerning things such as product information to the relevant user’s e-mail address (including subsequent changes) that was provided at the time of registration.

4.After the completion of the registration procedures stipulated in the previous clause, the NDT ONLINE user can use the variety of functions of the Service, in accordance with the classifications below.

5.The Company can, based on the Company’s judgment, refuse a user’s registration application stipulated in Article 4.1.

Article 5 (Changes of the Registration Information)

In the event that there was a change to the Registration Information, the NDT ONLINE user must update the relevant Registration Information within one week after the change. In accordance with a request by the Company, the NDT ONLINE user must submit the necessary materials (including but not limited to documents that verify identity, such as a driver’s license, a certified copy of company registration, and notification of commencement of business). In the event that the necessary change is not made despite the fact that there was a change of registration content, the Company may conduct handling as though there was no change to the registration content.

Article 6 (Management of the user ID and password)

1.The NDT ONLINE user must manage and store at his or her own liability the provided user ID and password. The NDT ONLINE user may not loan or transfer the user ID or password, change the name they are under, purchase or sell them, or allow a third party to use them.

2.The Company will not bear any liability for loss or theft of the user ID or password or for related damages.

Article 7 (Cancellation of user registration or suspension of use)

The Company can, based on the Company’s judgment and without advance notification, temporarily suspend use of the Service for the relevant user or cancel registration as an NDT ONLINE user. The Company will not bear any liability for damages related to this.

Article 8 (Withdrawal by the user)

1.In the event that the user wants to withdraw from the Service, the user can make an application to cancel NDT ONLINE user registration by using the Company’s prescribed method to notify the Company, and in the event that withdrawal was allowed based on the Company’s judgment, it will be possible to cancel registration. Provided, however, that this will not apply in the event that the NDT ONLINE user is exhibiting Subject Products or in the event that the NDT ONLINE user has made an offer of a desire to purchase a Subject Product.

2.The Company will not bear any liability for damages that arise due to the measures of the previous clause.

Article 9 (Prohibited matters)

1.When using the Service, the user may not conduct actions that fall under any of the items below.

2.In the event that the Company has judged that the user falls under any of the items of the previous clause, it can, without giving advance notification, take measures such as changing or deleting posted content, suspending use of the Service by the relevant user, or cancelling registration of the relevant NDT ONLINE user. The Company will not bear any liability for damages related to this.

3.For a user who conducted an action that violates the Terms in relation to use of the Service, the Company may, based on the Company’s judgment, publicly announce things such as the relevant facts and the relevant user’s name or appellation and location.

Article 10 (Changing, discontinuing, or ending the Service)

1.In the event that any of the items below apply, the Company can suspend or discontinue all or a portion of provision of the Service without notifying the user in advance.

2.The Company can end provision of the Service due to the Company’s circumstances.

3.The Company will not bear any liability for damages incurred by the user or third parties due to measures conducted by the Company based on this article.

Article 11 (Exclusion of anti-social forces)

1.In the event that any of the items below applies, the relevant user cannot use the Service. In the event that it has been revealed that one of the items applies, the Company can stop the user’s use of the Service, without obtaining the user’s agreement.

2.It will be deemed that the user declared and guaranteed that none of the items of the previous clause will apply due to use of the Service.

3.The user will provide compensation for damages that the Company incurred due to violation of the declaration and guarantee of the previous clause.

Article 12 (Exemption matters for use of the Service)

1.The Company will not bear any liability for errors, bugs, problems, or security-related defects on the Service’s site. In addition, the Company will not bear any liability for damages that arose due to things such as the user’s equipment, communication lines, or software due to use of the Service’s site.

2.The Company will not bear any liability for compatibility with things such as industry group internal regulations, and also the Service’s accuracy, reliability, lawfulness, usefulness, or concurrence, including the fact that it is not infringing upon a third parties’ rights.

3.Even in the event that links from the Service’s site to other websites or links from other websites to the Service’s site are provided, the Company will not bear any liability in relation to the content of websites other than the Service’s site.

Article 13 (Attribution of rights)

1.All ownership and intellectual property rights related to the Service attribute to the Company or a third party that possesses the relevant rights, and the user may not conduct any infringement of ownership or intellectual property rights. Permission for use of the Service does not mean licensing by the Company or a third party that possesses the relevant rights.

2.The user will guarantee things such as accuracy, reliability, lawfulness, usefulness, and concurrence related to all information that he or she sends to the Service’s site.

3.The Company can freely use, free of charge and based on its personal information protection policy, all information that the user sends to the Service’s site.

4.The user will agree to not exercise moral rights of an author against the Company or parties that have succeeded or been licensed rights from the Company.

Article 14 (Damage compensation and resolution of disputes)

1.In the event that the user caused damage to the Company, another user, or a third party as a result of the user violating the Terms, that user will provide compensation for the relevant damages at his or her own expense and liability, and the Company will not bear any liability.

2.In the event that a dispute arose with another user or a third party as a result of the user violating the Terms, that user will resolve the relevant dispute at his or her own expense and liability, and the Company will not bear any liability.

3.In the event that a dispute arose between the Company and the user as a result of the user violating the Terms, it will be resolved by discussion between the Company and the user. The Company will not bear any liability for damages that the user incurred due to the relevant dispute.

Article 15 (Changes of the Terms, etc.)

The Company can change the content of the Terms and the Service without giving advance notification. The Company will not bear any liability for damages that the user incurred due to the relevant change.

Article 16 (Transfer of the Terms)

In the event that business for the Service was transferred (including business transfer, company division, and other cases in which business is transferred) to another company, the Company can transfer to the assignee for the relevant business transfer the rights and obligations based on the Terms in association with the relevant business transfer. It will be deemed that the user agreed in advance concerning the relevant transfer in this article.

Article 17 (Language)

For the Terms and the Service, the Japanese language version will be correct. In the event of any conflict between the Japanese language version and any version translated into a language other than Japanese that is used as a reference, the provisions of the Japanese version will prevail.

Article 18 (Separability)

Even in the event that any clause or portion of a clause of the Terms was judged invalid based on a law or ordinance, the portions of the terms other than the provisions that were judged invalid will continue to maintain validity. The relevant clause or portion of the clause that was judged invalid will be revised within the necessary scope in order to make it valid, and it will be interpreted in order to ensure, to the maximum extent, the intent of and the same legal and economic effects as those of the relevant clause or portion of the clause that was judged invalid.

Article 19 (Governing laws and court of jurisdiction)

The Terms will exclude application of the United Nations Convention on Contracts for the International Sale of Goods and other similar clauses, will comply with the laws of Japan, and will be interpreted according to the laws of Japan. Tokyo District Court will be the court of exclusive jurisdiction in the first instance for all disputes that are caused by or related to the Terms.

Article 20 (Sincere discussion)

The Company and the user will sincerely discuss and resolve questions related to the content of the Terms or matters that are not stipulated in the Terms.

Terms and Conditions for buyers who will participate in NDT ONLINE (hereinafter the "Service"), which is a transaction support online platform for things such as construction equipment, heavy equipment, and transportation vehicles (hereinafter the "Subject Products") that is organized and operated by NDT Corporation Ltd. (hereinafter the "Company"), are stipulated below. They will apply to all buyers who use the Service. Please thoroughly read and agree to the terms below before participating.

Article 1 (Application)

These Buyer Terms and Conditions will apply to all buyers who use the Service.

Article 2 (Definitions)

Except for things that are separately stipulated in these Buyer Terms and Conditions, the words used in these Buyer Terms and Conditions will be according to the definitions stipulated in the Service’s User Terms and Conditions.

Article 3 (Purchase offers)

1.The buyer can use the Service’s site to place an offer to purchase (hereinafter the "Purchase Offer") for a Subject Product that is being exhibited by the seller (hereinafter the "Exhibited Product"). The Purchase Offer refers to making a proposal for purchase by the relevant desired sale price that the seller set in advance for the Exhibited Product, or making a proposal for the buyer’s desired purchase price.

2.For the Purchase Offer of the previous clause, the buyer must enter the information stipulated by the Company. The buyer will follow this clause to enter, on the equipment details page of the Exhibited Product, the desired purchase price and the "expiration date for the desired purchase price" that is stipulated in the next clause, and at the time when that information is sent, it will be deemed that the buyer indicated an intention to purchase the relevant Exhibited Product (hereinafter the "Purchase Price Registration"). In the event that the seller and the Company have agreed to the desired purchase price and this sale confirmation has been established, the Company will notify the buyer of that fact (hereinafter the "Notification of Sale Confirmation").

3.The expiration date for the desired purchase price will be set at minimum three days after the day after the date of the Purchase Price Registration (hereinafter the "Set Deadline"), and it will expire as of 2:00 a.m. (Japan time) on the day after the Set Deadline. The buyer can make an extension of the Set Deadline, and in the event that the extension was made, it will expire as of 2:00 a.m. on the day after the Set Deadline.

Article 4 (Deposit)

The Company may ask the buyer for advance payment of a deposit (in principle JPY 500,000; provided, however, that this will not apply when the Company has made a request) when the buyer place an offer to purchase. Payment of the deposit will be made by a transfer method to the Company’s designated bank account, and the buyer will bear bank transfer charges and all other expenses. The relevant deposit will be appropriated to things such as this sale’s price stipulated in Article 6.2. Provided, however, that in the event that the Notification of Sale Confirmation stipulated in Article 3.2 was not made, or in the event that the sale contract was cancelled with no deliberate intention or negligence by the buyer, the Company will return to the buyer’s designated bank account, by a method of transfer, the amount that remains after deducting expenses such as bank transfer charges from the relevant deposit.

Article 5 (Inspection report)

When the buyer places an offer to purchase, the buyer can, at the buyer’s expense, apply for equipment inspection with additional fees arranged by the Company for the Exhibited Product. Provided, however, that the Company will judge whether or not it is possible to conduct equipment inspection.

Article 6 (Payment)

1.At the time the buyer receives the Notification of Sale Confirmation from the Company after the seller agreed to that buyer’s desired purchase price, this sale confirmation will be established between the Company and the buyer, using the relevant desired purchase price as the sale amount for the sold product.

2.After the Notification of Sale Confirmation stipulated in the previous clause, the Company will promptly issue an e-mail to the buyer with an invoice that states the sold product’s delivery place, sale price amount (in the event that taxes are imposed, the amount that includes those taxes; hereinafter the same), information necessary for payment (hereinafter the "Transfer Information"), such as information about the Company’s bank account to which transfer will be made, and the sale contract.

3.The buyer must, within ten business days after the date when the Notification of Sale Confirmation was received, conduct a bank transfer to pay the total amount (hereinafter the "Sale Price, etc.") of the sale price and the buyer transaction fees stipulated in Article 11, with no excess or insufficient amount, to the Company’s designated bank account that is stated in the invoice. The buyer will bear all expenses such as bank transfer charges for payment of the Sale Price, etc. After the Company confirms the buyer’s payment of the price, the burden of risks for the sold product will be transferred to the buyer.

4.In the event that the buyer does not pay the Sale Price, etc. by the payment deadline stipulated in the previous clause, the buyer must pay interest for arrears, based on an annual rate of 6%. The buyer will bear all expenses such as bank transfer charges for that payment.

5.In the event that the buyer paid the Sale Price, etc. to the Company’s account before receiving an invoice from the Company, the Company can, based on its own judgment, take the necessary measures such as refunding the relevant transfer amount to the buyer or confirming the relevant transfer amount as a valid payment. The buyer will bear all expenses for bank transfer charges for the relevant refund.

6.In the event that the buyer’s transfer amount exceeds the Sale Price, etc. (provided, however, that cases in which the refund amount after deduction of bank clerical service charges is less than JPY 3,000 are excluded), the Company will refund the amount that results from deducting expenses such as bank clerical service charges and bank transfer charges from the relevant balance.

Article 7 (Delivery terms)

1.All indicated prices for the Service (things such as the desired sale price and the desired purchase price) will be the prices for "delivery to the freight forwarder’s yard in Japan port designated by the Company" In addition, a sold product will be delivered in its "as is condition," and the Company will not bear any liability for things such as the relevant product’s quality or characteristics.

2.The Company will not bear any liability for matters related to domestic or foreign transaction regulations (things such as emission regulations, product liability laws, economic organization regulations, environmental regulations, import and export regulations, or vehicle registration) related to sold products.

3.The buyer will bear transport expenses from the freight forwarder’s yard in Japan port designated by the Company (fees for warehouse storage or retrieval and all expenses related to export outside Japan), storage fees, insurance fees (cases in which the Company temporarily pays them on behalf of the buyer), and all other expenses, and in the event that the Company will make arrangements they will be separately added to the Sale Price, etc.

4.The buyer can ask the Company to make transport arrangements for things such as export outside Japan. Provided, however, that this is not a promise to make the relevant arrangements.

5.In the event that something such as a delay of delivery, an accident during transport, or damage to a sold product occurs during transport arranged by the Company, the Company will not bear any liability in any case.

Article 8 (Deadline of carrying out the sold product)

Carrying out a sold product will be within thirty days after the date the Notification of Sale Confirmation was received. In the event that the relevant deadline was passed, the Company can charge the buyer a storage fee.

Article 9 (Buyer’s receipt of sold products)

1.After the Company confirms remittance of the Sale Price, etc. to the Company’s bank account, the buyer will make transport arrangements according to Article 7 and then receive a sold product according to this article.

2.The buyer must receive a sold product at the product delivery place designated by the Company according to Article 7.1, at the delivery date and time that was separately agreed upon with the Company. In addition, the buyer will bear all expenses related to receipt of a sold product.

3.In the event that the Company made transport arrangements based on a request by the buyer, the Company will not bear liability for any problems related to transport of a sold product or for any matters until a sold product is delivered to the buyer.

4.The equipment information (manufacturer, model, serial number, model year, specifications, etc.) posted as information about the Exhibited Product on the equipment details page of the Service’s site, and content of written inspection report, are nothing more than reference information, and the Company will not bear any liability for discrepancies between statements and delivered products.

Article 10 (Cancellation)

1.In the event that, after the Notification of Sale Confirmation, any of the items below apply and the Company has notified the seller and the buyer of that fact, it will be deemed that this sale was cancelled. The Company will not bear any liability for things such as damages that arise due to cancellation of the contract for this sale based on this clause.

2.After this sale confirmation has been established and the Notification of Sale Confirmation has been received the buyer cannot, for any reason, unilaterally cancel this sale confirmation that was established.

3.For cancellation of this sale confirmation that occurred for any reason the buyer must pay, as a penalty, the amount equivalent to 25% of the amount of this sale confirmation or the amount equivalent to the deposit, whichever amount is higher.

Article 11 (Buyer transaction fees)

When this sale contract is established, the buyer will pay 2% of the price of the sold product as a buyer transaction fees. Provided, however, that the minimum buyer transaction fees will be JPY 10,000 and the maximum buyer transaction fees will be JPY 100,000.

Article 12 (Compliance with laws and ordinances)

1.The buyer must comply with these Buyer Terms and Conditions, the User Terms and Conditions, and laws and ordinances.

2.It is the responsibility of the buyer to continuously check for any revisions to these Buyer Terms and Conditions, the User Terms and Conditions, or any relevant laws or ordinances.

3.The buyer must obtain and maintain, at the buyer’s own expense and liability, things such as permission and authorization that are necessary in order to purchase the Exhibited Product.

4.In the event that the buyer has received a request from the Company, it must promptly submit the materials that are necessary for the Company to judge whether the buyer is complying with these terms, the User Terms and Conditions, and laws and ordinances.

5.In the event that the Company has judged that there is a possibility that an inappropriate export will be made in terms of safety, security, trade, or management, it can stop or cancel the relevant transaction.

Article 13 (Damage compensation)

1.Except in cases in which there are special stipulations in these Buyer Terms and Conditions or the User Terms and Conditions, the Company will not bear any liability for damages incurred by the seller, the buyer, or another third party in relation to the Service, irrespective of whether or not there was deliberate intention or negligence by the Company.

2.In the event that the buyer caused damages to the Company due to an action that violates these Buyer Terms and Conditions, the User Terms and Conditions, any other agreement with the Company, or a law or ordinance, the Company can claim from the relevant buyer compensation for all damages, including indirect damages.

Terms and Conditions for sellers who will exhibit things on NDT ONLINE (hereinafter the "Service"), which is a transaction support online platform for things such as construction equipment, heavy equipment, and transportation vehicles (hereinafter the "Subject Products") that is organized and operated by NDT Corporation Ltd. (hereinafter the "Company"), are stipulated below. They will apply to all sellers who use the Service. Please thoroughly read and agree to the terms below before participating.

Article 1 (Application)

These Seller Terms and Conditions will apply to all sellers who use the Service.

Article 2 (Definitions)

Except for things that are separately stipulated in these Seller Terms and Conditions, the words used in these Seller Terms and Conditions will be according to the definitions stipulated in the Service’s User Terms and Conditions.

Article 3 (Exhibition or posting of the Subject Products)

1.The seller can post information about a Subject Product that is stated in the product information stipulated in the next clause (hereinafter the "Exhibited Product") on the equipment details page of the Service’s site.

2.The information about the Exhibited Product that the seller will post on the equipment details page will be the Exhibited Product’s category, manufacturer, model, serial number, model year, nearest port (if within Japan, either Tomakomai, Yokohama, Kobe, Osaka, or Hakata), the desired sale price, the Company’s written inspection report (defined in Article 4.3), and other information designated by the Company (hereinafter the "Exhibited Product Information").

3.The seller will guarantee that the Exhibited Product is the property of the seller, that no remaining debts or security interests have been set toward a third party, that absolutely no claims of ownership will be made by a third party, and that the Exhibited Product is not something that was stolen or something that was lost.

4.In the event that the Exhibited Product falls under any reason in the previous clause, or in the event that it is otherwise judged that the relevant Exhibited Product has a serious problem, the Company can refuse exhibition of the relevant Exhibited Product.

5.The seller will take responsibility to make guarantees related to the Exhibited Product Information that is posted on the equipment details page. In the event that it is discovered that something differs from reality in relation to the Exhibited Product Information, the seller must follow Article 3.10 to change or delete the relevant Exhibited Product Information without delay.

6.The seller shall not state information that is not related to the Exhibited Product (things such as company information or transfer payee information) on the equipment details page.

7.The seller shall not provide false information to the Company.

8.In the event that a violation of Article 3.3 is discovered, the Company can take measures such as changing the relevant information, deleting the Exhibited Product Information, suspending the relevant seller’s use of the Service, or cancelling member registration, without giving notification or making a demand in advance.

9.In the event that the seller causes damages to the Company or a third party due to the seller’s negligence of an obligation of this article, the seller must provide compensation for the relevant damages.

10.In the event that it has been revealed that all or a portion of the Exhibited Product Information that the seller is exhibiting falls under one of the items below, the seller must immediately report that fact to the Company and change or delete the relevant Exhibited Product Information.

Article 4 (Inspection report)

1.The seller can make a request to the Company for equipment inspection with additional fees conducted according to the method and criteria separately stipulated by the Company. Provided, however, that the Company will judge whether or not it is possible to conduct equipment inspection.

2.The Company will not bear any liability for damages such as breakage of the Exhibited Product in association with the equipment inspection.

3.The content of a written inspection report is nothing more than reference information, and the Company will not bear any liability for discrepancies between statements and delivered products.

Article 5 (Presentation of the buyer’s desired purchase price)

1.In the event that the seller has received from the buyer presentation of a desired purchase price, the seller must give the Company a reply concerning agreement or refusal by the "expiration date for the desired purchase price" as stipulated in Article 3.3 of the Buyer Terms and Conditions. In the event that the relevant deadline passed but no reply was made, it will be deemed that the seller refused the relevant indication of the desired purchase price.

2.After the seller has agreed to the buyer’s desired purchase price, the sale confirmation will be established between the Company and the seller at the time when the buyer receives notification of sale confirmation from the Company, which has the relevant desired purchase price listed as the sale price for the sold product.

3.In the event that the condition of the Exhibited Product differs from information that is posted on the equipment details page, the seller must notify the Company without fail before the sale confirmation is established. Due to a change of the condition of the Exhibited Product, the buyer may withdraw the offer of the desired purchase price and this sale confirmation will not be established. The seller will bear all liability for damages to the Company and the buyer, or to a third party, that may occur due to this.

Article 6 (Sale contract)

1.At the time when the buyer entered the necessary information on the equipment details page for the Exhibited Product and that information was sent, it will be deemed that the buyer indicated an intention to purchase the relevant Exhibited Product (hereinafter the "Purchase Price Registration"). In the event that the seller and the Company approve the desired purchase price and this sale confirmation is established, the Company will notify the seller and the buyer of that fact (hereinafter the "Notification of Sale Confirmation"). After receiving the Notification of Sale Confirmation, the seller cannot, for any reason, unilaterally cancel this sale that was established.

2.After the Notification of Sale Confirmation, the Company will promptly issue an e-mail containing an invoice that states the sold product’s sale price amount (in the event that taxes are imposed, the amount that includes those taxes; hereinafter the same), information necessary for payment (hereinafter the "Transfer Information"), such as information about the Company’s bank account to which transfer will be made, and the sale contract.

3.以In the event that any of the items below apply and the Company has judged that performance of this sale contract as it stands to be inappropriate and has notified the seller and the buyer of that fact, it will be deemed that this sale confirmation was cancelled. The Company will not bear any liability for damages that the seller incurs due to the fact that a situation stipulated in one of the items below arose or due to the fact that the Company cancelled this sale confirmation based on this clause.

4.In the event that this sale contract was cancelled due to a reason attributable to the seller, the seller will bear all liability for damages to the Company, the buyer, or a third party that arose due to cancellation of that sale contract.

Article 7 (Delivery of sold products)

1.The seller will deliver a sold product when the title is changed to that of the Company at the Company’s designated freight forwarder’s yard at the nearest port as stated in the Exhibited Product Information (if within Japan, one of the following: Tomakomai, Yokohama, Kobe, Osaka, or Hakata), and it will be deemed that ownership was transferred to the Company. In addition, the seller will bear all expenses related to delivery (transportation fees, dismantling expenses, fees for warehouse storage, etc.).

2.After the buyer remits the Sale Price, etc. to the Company’s bank account based on Article 6.2 of the Buyer Terms and Conditions, the Company will notify the seller of the fact that it received the Sale Price, etc. The seller must deliver the sold product within ten business days after receiving that notification. In the event that, before confirmation of remittance of the Sale Price, etc. to the Company’s bank account, the seller brought a sold product to the delivery place designated under the previous clause and this sale contract was cancelled, the Company will not bear any liability for any expenses related to that cancellation (transportation fees, dismantling expenses, fees for warehouse storage or retrieval, etc.).

3.After establishment of this sale confirmation and until delivery of a sold product to the Company, the seller must bear liability for maintaining the sold product in the same condition as that of the time of establishment of this sale confirmation.

4.In the event that, after payment of the Sale Price, etc. for this sale contract, the Sale Price, etc. is refunded to the buyer from the Company’s bank account due to a reason attributable to the seller, the seller must bear the various expenses (including transfer charges and clerical service charges) that arose for the relevant refund.

Article 8 (Payment to the seller)

1.The seller can claim from the Company the amount that results after the seller transaction fees stipulated in Article 9 and bank transfer charges have been deducted from the Sale Price, etc., and after completion of delivery of a sold product from the seller to the Company, the Company will make payment within three business days.

2.Irrespective of the previous clause, in the event that the Company temporarily paid expenses that the seller should bear (such as if there is a serious defect related to the Exhibited Product, and the Company repaired the defect and paid the expenses), the Company will pay the seller the amount that results after the total amount of the seller transaction fees, bank transfer charges, and the relevant expenses have been deducted from the Sale Price, etc. that the Company actually received.

Article 9 (Transaction fees from the seller)

For the establishment of a sale contract for a sold product, the seller must pay seller transaction fees (in the event that taxes are imposed, those taxes will be separately imposed; hereinafter the same) based on the table below. The minimum service charge will be JPY 50,000. When the Company will refund the Sale Price, etc. to the seller from the Company’s bank account, the seller transaction fees will be deducted together with the bank transfer charges from the Sale Price, etc.

Sale price amount	Seller transaction fee rate (applied to the sale price amount)
JPY 4,000,000 or less	5%
More than JPY 4,000,000, and JPY 10,000,000 or less	4%
A case that exceeds JPY 10,000,000	3%

Article 10 (Compliance with laws and ordinances)

1.The seller must comply with these Seller Terms and Conditions, the User Terms and Conditions, and laws and ordinances.

2.The seller must take thorough care to ensure that there are no problems with the quality, functions, or safety of the Exhibited Product and that there are no errors, excesses, or deficiencies in warning indications and statements in instruction manuals (if there are instruction manuals), and in the event that a supervisory authority or industry group has requested a recall or self-regulation of products, it must promptly comply with that request.

3.The seller must obtain and maintain, at the seller’s own expense and liability, things such as permission and authorization that are necessary in order to sell the Subject Product.

4.It is the responsibility of the seller to continuously check for any revisions to these Seller Terms and Conditions, the User Terms and Conditions, and any relevant laws or ordinances.

5.In the event that the seller has received a request from the Company, it must promptly submit the information that is necessary for the Company to judge whether the seller is complying with these Seller Terms and Conditions, the User Terms and Conditions, and laws and ordinances.

6.In the event that the seller, the buyer, the Company, or a third party has incurred damages in relation to use of the Service and the Company has asked the seller to submit a claim to the police that has jurisdiction, the seller must comply with that request.

7.The seller will confirm that the Service complies with the OFAC regulations stipulated by the United States Department of the Treasury and that, in the event that a transaction falls under an action that is prohibited under those regulations or there exists the possibility of falling under such an action, that transaction may be stopped or cancelled or its assets may be frozen based on a request by the OFAC regulations.

Article 11 (Damage compensation)

1.Except in cases in which there are special stipulations in these Seller Terms and Conditions or the User Terms and Conditions, the Company will not bear any liability for damages incurred by the seller, the buyer, or another third party in relation to the Service, irrespective of whether or not there was deliberate intention or negligence by the Company.

2.In the event that the seller causes damages to the Company due to an action that violates these Seller Terms and Conditions, the User Terms and Conditions, any other agreement with the Company, or a law or ordinance, the Company can claim from the relevant seller damage compensation for all damages, including indirect damages.