SPECIAL TERMS AND CONDITIONS OF AUCTION AND SALE
of the private limited company Van Beusekom B.V.

Clause 1 - Scope of Application
These Special Terms and Conditions of Auction and Sale will apply to the relationship between Van Beusekom B.V., hereinafter referred to as 'Van Beusekom', and the seller(s) or providers or purchaser(s) or other bidders, in case of participation in public auctions, on-location sales, online or webcast auctions and/or tenders organised by Van Beusekom. Van Beusekom's own General Terms and Conditions will also apply to the above instances. The applicability of other General Terms and Conditions is excluded.
 
Clause 2 – Public sales (on location), online or webcast auctions, tenders
2.1 Van Beusekom reserves the right to cancel, terminate or extend an auction (before publication on the website or in the brochure). 2.2 If the (online) auction is interrupted due to a technical fault or is temporarily unavailable or not (fully) accessible to buyers or bidders, Van Beusekom has the right to continue the auction at a later date. 2.3 Van Beusekom has the right to do the following before or during the auction, without assigning any reasons: not to recognise a bid as such; to exclude one or more bidders; to club goods into lots; to split-up lots and to remove lots from the auction; to correct or allocations in bids, without seller(s) or bidder(s) or purchaser(s) acquiring any rights on the basis of the same. 2.4 Van Beusekom is not liable for direct or indirect damage if any, caused to vendor(s) or providers or purchaser(s) or bidders, or for any direct or indirect damage due to technical or system damage.
 
Clause 3 - Description, selling, award of contracts
3.1 Van Beusekom should make the description of the goods to be sold as accurate and complete as possible through a visual inspection. 3.2 The goods to be sold are grouped into lots. Van Beusekom is not liable for incorrect or incomplete descriptions mentioned in the lots. 3.3 Buyers or bidders are given an opportunity to inspect the lots and will be deemed to have utilised such opportunity. 3.4 All lots are sold at the buyer's risk. Pipelines, cables, and/or other connections for energy, control or production that may be located on or in the plot/lot, are only up to the first barrier, fitting or identification marking. Underground or built-in connections do not form part of the lot/plot. 3.5 Offers will be irrevocable. 3.6 The right to be awarded contracts is reserved in favour of the Vendors or bidders. 3.7 Allocation is done by Beusekom forwarding an invoice to the buyer. The purchased good/s will be at the buyer's risk from the time of awarding of contract by Van Beusekom. 3.8 There is no possibility of abandoning the purchase free of cost (Section 7:46b of the Civil Code). 3.9 If the seller is an administrator, Section 7:19 of the Civil Code will apply.
 
Clause 4 - Inspection, bids, closing dates, and award of contracts and delivery
The dates for the inspections and the closing dates for the (online) bids are, like the date of contract award and the delivery dates, stated in the special brochure issued for that purpose by Beusekom, and posted on the website www.beusekom.nl. These dates are binding and no deviation from the same may be made without the express permission of Van Beusekom. Offers may be made separately or in combination on www.beusekom.nl.
 
Clause 5 - Payment
5.1 After the contract is awarded, buyers will receive an invoice by email stating the purchase price plus 16% buyers premium and VAT. 5.2 Payment should be made before delivery within the invoice period prescribed, by transferring the amount payable into the bank account number 42.65.58.529 in the name of the Stichting Beheer Derdengelden Van Beusekom, quoting the invoice number, cash, or debit card payment. The IBAN number relating to the aforesaid bank account is NL44ABNA0426558529, and the BIC code is ABNANL2A. 5.3 Payment by credit card is not possible. 5.4 The goods will be delivered after payment is received.
 
Clause 6 - Delivery and transport
6.1 The goods are delivered from the location designated by Van Beusekom in the state in which they are located. 6.2 Buyers should make their own arrangements for the removal, clearing-up, supply of the required tools and accessories, packaging materials, and transport/conveyance on the dates specified for the same. 6.3 Forklifts, pallet trucks and trolleys present at the location designated by Van Beusekom, may not be used. 6.4 Buyers must produce proof of identity at the time of collecting the goods, and carriers engaged by buyers to collect the goods must produce the invoice and a written statement of the buyer, foreign buyers must submit a transport certificate as specified in the brochure or on the website. 6.5 Liquids and/or chemicals should be transported by the buyer according to the applicable environmental regulations, and the buyer is responsible in case of leakage of liquids or chemicals. 6.6 The buyer is bound to repair any damage that he may cause to buildings, floors and the precincts. 6.7 Floor anchors or protruding parts that remain behind at the location should be ground down and/or removed. 6.8 The buyer will bear the cost of the required permits. 6.9 The prior consent of Van Beusekom must be taken wherever the removal of goods requires breaking/demolition within buildings. 6.10 The purchaser, whose goods hinder the collection of other goods, is bound, on the first request of Van Beusekom, to ensure collection of his goods, failing which Van Beusekom has the right to arrange for such collection and, if necessary, storage of the goods through third parties, at the buyer's expense.
 
Clause 7 - Defects, retention of ownership, intellectual property
7.1 The buyer will, immediately after delivery, verify whether the goods delivered conform to the agreement, by checking (or commissioning the same) whether the correct goods are delivered. 7.2 Goods are always purchased in the state where they are at the time of delivery. 7.3 If in respect of goods purchased from third parties, there are third-party claims relating to retention of ownership, intellectual property or other rights, the buyer is bound to retain the goods on behalf of such third parties, subject to the obligation to hand over such goods to such third parties on first request, or to make a suitable arrangement with them. 7.4 The buyer indemnifies Van Beusekom against all claims by third parties.
 
Clause 8 - Special instructions, storage, processing, use, application
8.1 If Van Beusekom has issued instructions to the buyer for entry into buildings or premises, or for dismantling, demolition, clearance of goods, storage, processing or incorporation of the same into another system, or the use or application of the goods supplied, the buyer should duly follow these instructions without reduction. 8.2 In case of resale, the buyer will issue instructions to his contracting counter-party. 8.3 Deviation from instructions issued by Van Beusekom will be at your own risk. 8.4 Van Beusekom is not liable for damage caused by improper dismantling, storage, processing or incorporation into another system, use or application of the goods supplied.
 
Clause 9 - Applicable Law
The law of The Netherlands will apply.