VERSION MAY 2018

GENERAL AUCTION AND SALE CONDITIONS FOR CONSUMERS
of the private company with limited liability Classic Car Auctions (Baraka BV), established in Uithoorn (Chamber of Commerce number 33151208) and of its affiliated legal entities.

Article 1; Definitions

In these general sales and auction conditions the following terms have the following meanings:

  1. Offer: A private offer to sell one or more Goods;
  2. CCA: Classic Car Auctions, established in Uithoorn and with offices at Anthony Fokkerweg 7 in (1422 AE) Uithoorn and / or an affiliated (legal) person who declares these Conditions applicable;
  3. (Prospective) Buyer: The legal entity or natural person who (not as a Consumer) participates in an Auction, or who has received an Offer;
  4. Bid: an amount offered by a (Prospective) buyer for a Lot or a combination of Lots in writing or via the website of CCA, excluding Auction costs and VAT;
  5. BVA: BVA Auctions, the party through which CCA arranges the online auctions.
  6. Consumer: the natural person who does not act for purposes related to the exercise of a trade, business, craft or professional activity;
  7. Bankruptcy trustee: A liquidator appointed by a court, who has obtained the management and disposal of the assets belonging to a bankruptcy estate;
  8. Third-party account: the third-party account held by the Foundation;
  9. Form: the form referred to in Article 2.2 of these Conditions;
  10. Lot: one or more Items that are auctioned, whether or not under an auction number;
  11. Combination lot: a combination of lots that are auctioned under an auction number;
  12. Purchase Price: In the event of Auction: the amount of the highest Bid, plus the following amounts: the Auction costs and the turnover tax payable by the Buyer. If there is no Auction: the purchase price offered by the Buyer for one or more items, plus the VAT owed on them;
  13. Purchase Agreement: A purchase agreement between the Seller on the one hand and the (Prospective) Buyer on the other, whether or not concluded through CCA through an Auction;
  14. Personal data: the (personal) data that must be provided to CCA by a (Prospective) buyer during registration via the auction process on the BVA website in order to be able to bid at an Auction as (Prospective) buyer and which can be traced back to his or her person. to be;
  15. Stichting Derdengelden: the Stichting Derdengelden Online Auctions foundation, or a third-party funds foundation to be designated by CCA;
  16. Allocation: the explicit statement of CCA on behalf of a Seller to the (Prospective) Buyer, stating that the purchased item has been definitively allocated to him at an Auction against payment of the Purchase Price;
  17. Auction: the public sale of one or more Lots, whether or not online and whether or not in the context of an enforceable sale;
  18. Auction Website: the BVA Auction Website through which CCA offers its Auction Service;
  19. Seller: the natural or legal person who has instructed CCA to sell or auction one or more Goods in the name and for the account of the Seller, whether or not as an executor;
  20. Conditions: these general auction and sales conditions;
  21. Goods: one or more goods within the meaning of Article 3: 1 Dutch Civil Code.

Article 2; Applicability;

2.1 These terms and conditions apply to any Auction held by CCA, any Offer, any registration by a (Prospective) buyer as stated in Article 2.2 of these Terms and Conditions and any (Purchase) agreement concluded, as well as all related actions, both of a preparatory and executive nature and are an inseparable part thereof. Parties can only deviate from these Conditions in writing. The applicability of general or special (purchase) conditions used by the (Prospective) Buyer are explicitly rejected by CCA and the Seller.

2.2 In the event of an Auction, each (Prospective) Buyer submits by registering by means of the appropriate form placed on the Auction website, or by completing a written form intended for this purpose by the (Prospective) Buyer prior to the Auction, or by the submission of a Bid, or by any other form of acceptance, knowing to be aware of and agree to these Conditions.

2.3 CCA may declare special conditions applicable in addition to these Conditions. If and insofar as special conditions of CCA conflict with these Conditions, the provisions of the special conditions will prevail.

2.4 CCA is entitled to change these Conditions at any time. If these Terms and Conditions are amended, the amended version thereof will come into effect from any agreement concluded after the Terms and Conditions are posted on the website of CCA and organized Auction and / or.

Article 3; Conditions for participation in Auction
3.1 (Prospective) buyer must be of legal age and authorized to perform legal acts. Before the start of the auction, the (Prospective) buyer must be registered by CCA using the Form on the Auction website and must identify himself properly at first request, failing which he is not entitled to participate in the Auction. By completing the Form, the (Prospective) Buyer gives CCA explicit permission to use his personal data in accordance with the provisions of Article 4

3.2 The (Prospective) Buyer is obliged to ensure that the details on the Form are filled in completely, correctly and truthfully and guarantees the correctness and completeness of the data provided by the (Prospective) Buyer. The (Prospective) Buyer must immediately inform CCA in writing of any changes to this entered information.

3.3 The (Prospective) Buyer must, at CCA's first request and to the satisfaction of CCA, demonstrate that the (Prospective) Buyer is creditworthy, failing which CCA can deny a (Prospective) Buyer to participate in an Auction.

3.4 The username and password used by the (Prospective) Buyer at an Auction are strictly personal and may not be transferred by a (Prospective) Buyer to third parties. If the (Prospective) Buyer fears that someone else knows his password, the (Prospective) Buyer must immediately inform CCA of this and the (Prospective) Buyer will enable CCA to block access to an Auction with the relevant password. . The (Prospective) buyer will then create a new password at his request. The (Prospective) Buyer will always remain liable, even in the event of misuse of a password and / or a user name, for all actions that take place at an Auction and (Prospective) Buyer will indemnify CCA and compensate CCA for all damage at its first request. arising from misuse and / or use of the password and / or username of the (Prospective) Buyer. CCA is at all times entitled to demand (whether or not on behalf of the Seller) compliance from (Prospective) Buyer with bids that have been made by using the password and user name of (Prospective) Buyer.

3.5 By registering in the manner specified in Article 3.1, (Prospective) Buyer has access to an Auction and the right to act as bidder thereon. CCA reserves the right to refuse and / or unilaterally terminate registration and participation in an Auction.

Article 4; Privacy declaration

4.1 CCA will use the (Personal) data of a (Prospective) buyer in accordance with the provisions of the Privacy Statement on its website. A (Prospective) buyer will always consult the latest changes to the Privacy Statement when visiting the website.

Article 5; Auction procedure

5.1 On behalf of various private and business sellers, Classic Car Auctions organizes online auctions in collaboration with BVA Auctions.

5.2 The preparation and implementation of the Auction are exclusively determined by CCA - in consultation with BVA. This means, among other things, that CCA determines the course of events prior to and during the Auction and has the authority, without stating reasons, to admit persons or not to the Auction, to exclude one or more Lots from further participation. not to auction or to change (the composition of) Lots, not to recognize a Bid and to declare it invalid and to suspend, resume, extend or cancel the Auction and / or take other measures it deems necessary .

5.3 Everyone is obliged to follow instructions and directions given by or on behalf of CCA in the context of an Auction.

5.4 The Auction will take place in the order stated in the auction catalog. However, CCA has the right to deviate from this order.

5.5 CCA is entitled to make video recordings with images and sound prior to, during and after the Auction and to use and publish these video recordings at its own discretion.

5.6 The Auction takes place 'by auction', unless CCA determines that the auction, or part thereof, will take place differently. CCA is entitled to change the auction method at any time during the Auction. Both in the case of an Auction by auction and in any other case, CCA always only has a (public) invitation on the part of CCA in the name and at the expense of the Seller to make an offer.

5.7 The Auction may take place in cases where there is an enforceable sale and in cases where there is no enforceable sale. In case of an enforceable sale, the sale will take place before a notary.

Article 6; Condition matters

6.1 The (Prospective) Buyer buys Goods straightaway and in the condition they are in at the time of delivery, with all associated benefits and burdens. Section 7:19 of the Dutch Civil Code applies, even in cases where there is no enforceable sale.

Article 7; Realization of the Purchase Agreement in the event of Auction

7.1 In the event of Auction, CCA is entitled, without stating reasons, not to accept Bids (on behalf of a Seller). Written Bids must be made by means of a form intended for this purpose, completed and signed by the (Prospective) Buyer, stating all relevant information requested by CCA. The (Prospective) buyer is bound by a Bid, which is considered irrevocable and unconditional. CCA, its employees, Seller, nor BVA are in any way liable for damage caused by or in connection with a Bid, unless the damage is caused by intent or gross negligence on the part of CCA or Seller or their managers and / or subordinates. .

7.2 A Seller is not entitled to participate in the Auction and to place Bids on the Lot (s) offered by a Seller for auction.

7.3 CCA is entitled to issue Bids on behalf of third parties.

7.4 Each bid is considered unconditional and irrevocable. Each (Prospective) buyer who submits a Bid is deemed to be bidding for himself and is personally liable for the obligations arising from his / her Bid. This also applies if the (Prospective) buyer making the Bid declares to act on behalf of a third party.

7.5 If several persons declare to jointly place or have made a Bid, they are jointly and severally liable for the resulting obligations.

7.6 CCA will determine whether such a mistake has been made when making a Bid that the person who made the Bid will not be held to his Bid. (Prospective) buyers cannot derive any rights from CCA's decision in this respect.

7.7 The (Prospective) buyer who makes the highest Bid will be regarded as the buyer after the Allotment. In the event of a difference of opinion, CCA decides by way of binding advice who should be deemed to have made the highest Bid, without a (Prospective) buyer being able to derive any right from it.

7.8 The second highest bidder is obliged to honor his Bid up to and including the day that the Good can be picked up or delivered in case the highest Bid is declared invalid or not honored, for example because the highest bidder has his obligations. does not or not fully comply, or because the agreement with the highest bidder is not concluded for another reason.

7.9 In the event of Auction, the Purchase Agreement is concluded at the time of Allocation.

7.10 The (Prospective) Buyer is aware that Items are offered by CCA on behalf of and on behalf of a Seller. CCA only acts as an intermediary in the name of and for the account of a Seller and therefore no purchase agreement is concluded between CCA and a (Prospective) Buyer. Only if it is not stated on the Auction website for an Auction that the sale and / or Auction is taking place on behalf of a third party, CCA will in principle be deemed to be the seller towards the Buyer, unless CCA notices otherwise.

Article 8; Conclusion of Purchase Agreement outside of Auction
8.1 The offers issued by CCA are without obligation.

8.2 Prices stated in quotations from CCA are exclusive of VAT, clearance costs, import and export levies and other levies, taxes, duties and costs, unless stated otherwise.

8.3 If there is no Auction, the Purchase Agreement is concluded at the moment that the Offer is accepted by CCA on behalf of the Seller.

8.4 The provisions of article 7.10 of these Terms and Conditions apply mutatis mutandis if a Purchase Agreement is concluded while there is no Auction.

Article 9: Obligation to investigate (Prospective) buyer
9.1 The (Prospective) Buyer will be given the opportunity to examine the Goods to be purchased prior to the conclusion of the Purchase Agreement.

9.2 Descriptions of the Goods and all information provided by or on behalf of CCA are made to the best of its knowledge and are presumed to be purely indicative, without, however, the correctness thereof being guaranteed by CCA or the Seller. If CCA shows or provides a sample, model or example, this is always only by way of indication. The properties of the Goods to be delivered may deviate from the sample, model or example. (Prospective) buyers cannot derive any claims or rights from the aforementioned descriptions, samples, models, examples and other information. CCA has the right to correct inaccuracies in oral and written statements made by or on behalf of CCA and errors made (whether or not during an Auction), without any rights being derived from this by (Prospective) buyers. CCA is not liable for any inaccuracies or incompleteness in the description of the Goods. The (Prospective) Buyer is not entitled to revoke a Bid or to dissolve the Purchase Agreement if it appears that the Good does not comply with the description thereof.

9.3 The (Prospective) Buyer is obliged to properly inspect the purchased Goods as described in more detail in Article 11 of these Conditions. In doing so, the (Prospective) Buyer must check whether the goods delivered comply with the agreement, namely: whether the correct Goods have been delivered, including whether the purchased Goods correspond with the agreed quantity (for example, the number and quantity). Partly in view of the fact that the purchased Goods are used and not new Goods, it applies that these are purchased in the condition in which they are at the time of purchase, as described in Article 11 of these Conditions and that defects or deficiencies must be reported no later than at the time of purchase of CCA. Article 7:19 of the Dutch Civil Code applies here.

Article 10; Payment, security, installments

10.1 The (Prospective) Buyer must have paid the Purchase Price no later than within the period of purchase set by BVA as further described in Article 11 of the Conditions into the bank account indicated by BVA for that purpose. Unless otherwise indicated by CCA, payment of the amounts owed by the (Prospective) Buyer must be made by crediting to the Third Party Account that is managed by Stichting Derdengelden. The amounts owed by the buyer to CCA on behalf of CCA will be held in the Third Party Account and the amounts owed by the (Prospective) buyer to the Seller after delivery of the Goods will be held on behalf of the Seller.

10.2 After the expiry of the period referred to in Article 10.1 without full payment having been made, the (Prospective) Buyer is in default by operation of law.

10.3 If the (Prospective) Buyer is in default with regard to any obligation resting on him, CCA is authorized to re-sell the lots publicly or privately on behalf of the Seller without any notice or notice of default, at its sole discretion, without prejudice to any other right. Upon request, the (Prospective) Buyer will immediately pay CCA for any negative balance resulting from the aforementioned new sale, variable commission costs and all damage caused by the (Prospective) Buyer's default, both on the part of the Seller and on the part of CCA. From the moment of default, the (Prospective) buyer owes interest on the amount due and payable equal to the statutory interest + 2%, unless the Purchase Agreement qualifies as a trade agreement as referred to in Article 6: 119a BW. In the latter case, the statutory commercial interest as referred to in Article 6: 119a of the Dutch Civil Code is payable by the (Prospective) buyer to CCA.

10.4 Payment must be made without discount or set-off, insofar as permitted by law.

10.5 CCA is entitled to immediately demand full or partial payment of the Purchase Price from the (Prospective) Buyer upon or after the conclusion of the Purchase Agreement and / or to demand that security is provided for the fulfillment of its obligations towards CCA or the Seller. If the (Prospective) buyer does not comply with this in the event of Auction, CCA is entitled not to recognize the Bid and to declare it invalid and to auction the purchased item again, or to allocate the purchased item to the next highest bidder. If the (Prospective) Buyer does not comply with this in the situation where there is no Auction, CCA has the right to dissolve the Purchase Agreement on behalf of the Seller. In that case, the (Prospective) Buyer is in default by operation of law and is obliged to compensate CCA for the damage caused by this, both on the part of the Seller and on the part of CCA, without prejudice to CCA's other rights.

10.6 All terms that the (Prospective) Buyer must adhere to must be regarded as deadlines, so that the (Prospective) Buyer will be in default without further notice of default being exceeded.

10.7 Payments made by the (Prospective) Buyer always serve to settle in the first place all interest and costs owed, and in the second place of due and payable invoices that have been outstanding the longest, even if the (Prospective) Buyer states that the payment relates has on a later invoice.

10.8 If CCA takes collection measures against the (Prospective) Buyer who is in default, the costs related to that collection - with a minimum of 10% of the outstanding amount - will be charged to the (Prospective) Buyer.

Article 11; Decrease

11.1 The (Prospective) Buyer is obliged to take delivery of the Goods purchased at the place and time determined by CCA and, in the absence thereof, within the time limit on the website of www.classiccar-auctions.com set term, on presentation of a proper ID. The delivery of the purchased Goods takes place by acceptance. The purchase consists of making the purchased Goods available to the (Prospective) Buyer. The risk with regard to the purchased Good is for the (Prospective) buyer from the moment of delivery. The purchase or delivery takes place under the suspensive condition that the full Purchase Price and any other amount owed by the (Prospective) Buyer has been paid and - in the event of sale of one or more Goods on behalf of a Trustee - under the resolutive condition that the consent of the bankruptcy judge is withheld from the conclusion of the Purchase Agreement. If the (Prospective) buyer refuses to take delivery or is negligent in providing information or instructions necessary for the purchase, the purchased Goods will be stored by CCA at the risk of the (Prospective) buyer. In that case, the (Prospective) Buyer is obliged to pay all additional costs, including in any case storage costs, transport costs and dismantling costs, to CCA, in which case CCA will only deliver the Goods if and as soon as the aforementioned costs have been paid in full.

11.2 The (Prospective) Buyer must observe the necessary caution when accepting the Goods purchased and must follow instructions given by or on behalf of CCA unconditionally and in full. If it is necessary to disassemble the purchased Goods in the context of the purchase, the (Prospective) Buyer must take care of this in a professional manner, at his expense and risk. The (Prospective) Buyer is not entitled to disassemble items that are connected to Items not purchased by the (Prospective) Buyer until express written permission has been obtained from CCA. The (Prospective) Buyer is liable for damage caused during or in the context of the purchase of the Goods purchased and will indemnify CCA and the Seller against claims from third parties in this regard. The (Prospective) Buyer is obliged at CCA's first request to provide security to CCA in the event that damage is caused in the context of the purchase of the Goods purchased. No interest is paid on deposits paid by the (Prospective) Buyer.

11.3 Contrary to the provisions of article 11.1, delivery of the purchased goods takes place by delivery of the purchased goods by CCA or a carrier engaged for this purpose to the address of the (Prospective) Buyer, if agreed in writing in advance. In that case, the risk of the purchased item also transfers to the (Prospective) Buyer from the moment of delivery. In that case, the purchased Goods will be transported at the expense of the (Prospective) Buyer, who will have to reimburse CCA for the relevant costs within 14 days, unless stated otherwise after receipt of an invoice.

11.4 An agreed delivery time is not a deadline, unless expressly agreed otherwise in writing

11.5 An agreed delivery time only commences after the (Prospective) Buyer has provided all data, of which CCA indicates that these are necessary, or of which the (Prospective) Buyer should reasonably understand that these are necessary in the context of the performance of the Purchase Agreement. CCA has provided.

11.6 CCA is permitted to deliver the Goods sold in parts. If the Goods are delivered in parts, CCA is authorized to invoice each part separately. The provisions of the previous sentence do not apply if a partial delivery has no independent value.

11.7 If a lot is not collected after the specified collection day, storage costs of € 25 per day (excluding VAT) will be charged.

Article 12; Transfer of ownership

12.1 Ownership of the purchased item is transferred (assuming that all conditions for a legally valid transfer have been met) to the (Prospective) Buyer at the time of delivery / purchase as referred to in Article 11.1 or 11.3 of these Conditions, but ( i) no earlier than after the (Prospective) Buyer has paid the full Purchase Price and any other amounts owed by the (Prospective) Buyer, including those relating to work performed or to be performed for the benefit of the (Prospective) Buyer and / or due to claims. due to failure to comply with the (Purchase) agreement and (ii), if the Lot (s) are / are sold on the instructions of a Trustee, no sooner than after the permission of the bankruptcy judge has been obtained for the conclusion of the Purchase agreement. The risk of the purchased item automatically transfers to the (Prospective) Buyer at the time of delivery or purchase or at the time when the (Prospective) Buyer is in default with performing an action with which he must cooperate with the delivery or purchase. .

12.2 On purchased Goods that have passed into the ownership of the (Prospective) Buyer and are still in the hands of the (Prospective) Buyer, the Seller hereby reserves the rights of pledge as referred to in art. 3: 237 Dutch Civil Code as additional security for claims that the Seller may have on the (Prospective) Buyer for whatever reason. The authority included in this paragraph also applies with regard to purchased Goods which have been processed or processed by the (Prospective) Buyer, as a result of which the Seller has lost his retention of title.

12.3 If the (Prospective) Buyer does not fulfill his obligations or if there is a well-founded fear that he will not do so, CCA is entitled to the Goods delivered, which are subject to the retention of title referred to in paragraph 1, from the (Prospective) Buyer or third parties who will purchase the Good for the Good. Keep the (Prospective) buyer and / or seller away or have them removed. The (Prospective) buyer is obliged to cooperate fully in this respect, on pain of a fine of 10% of the amount owed by him per day.

12.4 If third parties wish to establish or assert any right to the goods delivered under retention of title, the (Prospective) Buyer is obliged to immediately inform CCA thereof.

12.5 The (Prospective) Buyer undertakes to properly insure the Goods from delivery or purchase and to keep them properly insured against fire, explosion and water damage and against theft and the policy and proof of premium payment of this insurance on first request to CCA. for inspection. The (Prospective) Buyer furthermore undertakes to pledge to the Seller and / or CCA at the first request of CCA (i) all claims of the (Prospective) Buyer against the insurers with regard to the goods delivered under retention of title in the manner described in art. 3: 239 BW, (ii) to pledge to the Seller and / or CCA the claims that the (Prospective) Buyer obtains against his customers when reselling goods delivered under retention of title to the Seller and / or CCA in the manner prescribed in art. 3: 239 of the Dutch Civil Code, (iii) to mark the goods delivered under retention of title as the property of the Seller, (iv) to cooperate in other ways with all reasonable measures that the Seller and / or CCA take to protect their right of ownership with regard to the goods. wishes to affect and which do not unreasonably hinder the (Prospective) buyer in the normal course of its business.

Article 13; Dissolution

13.1 In the event, among other things, that the purchased items have not been accepted by the (Prospective) Buyer within the specified period and / or the (Prospective) Buyer acts contrary to the provisions of Articles 11.1, 11.2 and / or 11.3 of these Conditions. , the (Prospective) Buyer is in default by operation of law and the Seller has the right to dissolve the agreement with the (Prospective) Buyer by means of a written statement, without owing any (damage) compensation to the (Prospective) Buyer in this respect, and / or to immediately sell the purchased goods to one or more third parties, without prejudice to the right of CCA and / or the Seller to (additional) compensation. The foregoing also applies if, after the conclusion of the Purchase Agreement, CCA or the Seller becomes aware of circumstances that give the Seller and / or CCA good grounds to fear that the (Prospective) Buyer will not meet his obligations, in the event of bankruptcy or moratorium of payment of the (Prospective) Buyer, if CCA has asked the (Prospective) Buyer to provide security for the fulfillment and this security is not provided or is insufficient, or if the (Prospective) Buyer is otherwise in default and does not meet its obligations from the Purchase Agreement. The (Prospective) Buyer is obliged to compensate CCA for all damage caused by his default, both on the part of the Seller and on the part of CCA.

13.2 If circumstances arise with regard to persons and / or material that CCA uses or tends to use in the performance of the Purchase Agreement, which are of such a nature that the execution of the Purchase Agreement is impossible or so inconvenient and / or disproportionately expensive. if compliance with the Purchase Agreement can no longer reasonably be required, the Seller and / or CCA are authorized to dissolve the Purchase Agreement, without owing any (damage) compensation to the (Prospective) Buyer in this respect. After the transfer of ownership of the purchased goods to the (Prospective) buyer, the (Prospective) buyer can no longer demand dissolution or cancellation of the Purchase Agreement; If a third party has an interest in the careful removal of all or part of the Item and, in CCA's opinion, this removal would endanger the building or cause permanent damage or for any other reason, Seller and CCA have the right to cancel the Purchase Agreement on behalf of Seller to dissolve, without being obliged to pay any compensation, by means of a written statement to the (Prospective) buyer. In that case, CCA and the Seller are not obliged to pay the (Prospective) Buyer more than to repay the Purchase Price received by CCA and - insofar as CCA has sent an invoice to the (Prospective) Buyer in this regard - crediting it by sending a credit note.

13.3 If circumstances arise prior to delivery or purchase as a result of which delivery or purchase of the Good is no longer possible as a result of force majeure on the part of the Seller or CCA, for example due to fire, theft or damage due to natural disasters, the Seller and CCA on behalf of the Seller have the right to terminate the Purchase Agreement, without being obliged to pay any compensation, by means of a written statement to the (Prospective) Buyer. In that case, CCA and the Seller are not obliged to pay the (Prospective) Buyer more than to repay the Purchase Price received by CCA and - insofar as CCA has sent an invoice to the (Prospective) Buyer in this respect - crediting it by sending a credit note.

Article 14; Liability

14.1 Any liability of CCA is excluded, except in the case of intent or willful recklessness on the part of CCA or its supervisors. Any liability on the part of the Seller is also excluded, except in the case of intent or willful recklessness on the part of the Seller or its managers. Insofar as it would be judged otherwise by law, the liability of CCA and / or the Seller, if and insofar as still remaining after application of the other provisions of these Conditions and insofar as the liability is covered by liability insurance, is limited to the amount of the payment made by the insurer. If, in any case, the insurer does not pay out or if the damage is not covered by the insurance, CCA's liability is limited to a maximum of the net invoice amount of Auction Costs that CCA receives in the context of the assignment it has carried out and the liability is from the Seller limited to a maximum of the net purchase price that the Seller receives from a (Prospective) buyer in the context of the auction of the Lot.

14.2 The liability of CCA and / or the Seller for indirect damage is excluded. Indirect damage is in any case understood to mean consequential damage, loss of profit, loss of turnover, reduced goodwill, lost savings, damage due to business interruption, damage as a result of claims from (Prospective) buyers, mutilation, destruction or loss of data.

14.3 Without prejudice to the provisions of article 6:89 of the Dutch Civil Code, any right of action of the (Prospective) Buyer against CCA and / or the Seller will in any case lapse after two (2) months after the Goods have been transferred to the (Prospective) ) buyer have been delivered or made available to the (Prospective) buyer, unless the (Prospective) buyer has instituted proceedings before the competent court within this period.

14.4 CCA and / or the Seller do not indemnify the (Prospective) Buyer against visible or hidden breaches or guarantees in connection with completeness, numbers, operation, usability, marketability, the purpose for which the (Prospective) Buyer has purchased the goods, whether or not no rights or claims of third parties and / or the possibility of transferring goods to third parties. Defects, of whatever nature, disappointed expectations of the (Prospective) Buyer and / or acquiring third parties do not entitle the (Prospective) Buyer or other third parties to (damage) compensation and / or fulfillment.

14.5 CCA and the Seller are not liable for damage and consequential damage - personal injury or damage to an item other than that purchased (Article 6: 190 BW) - if the non-conformity concerns a defect in the sense of the product liability regulation in the sense of article 6: 185 et seq. BW.

14.6 Notwithstanding the other provisions of this article 14, the following applies to the liability of CCA and the Seller:

(i) CCA and the Seller are not liable for damage to persons or objects that arose or caused prior to the conclusion of the Purchase Agreement;

(ii) CCA and the Seller are not liable for damage to, by or in connection with the purchased items, including the loss of the purchased items;

(iii) CCA and the Seller are not liable for visible and invisible defects in the purchased items. The (Prospective) buyer will have to investigate this in the context of the inspection as referred to in articles 9.1 and 9.3 of these general auction and sales conditions, while the (Prospective) buyer is furthermore obliged to respond after discovery of any imperfections, defects, deviations, etc. to notify CCA thereof in writing. If the (Prospective) Buyer fails to do so, the consequences thereof will be borne by the (Prospective) Buyer;

(iv) CCA and the Seller are not liable for the non-compliance of the purchased item with European directives, legal provisions or other laws and regulations, including laws and regulations in the field of promoting employee safety in the workplace;

(v) CCA and the Seller are not liable for damage caused by and / or arising from environmentally harmful or harmful substances in or to the purchased item;

(vi) CCA and the Seller are not liable for damage caused in the context of an internet auction as a result of computer malfunctions, including defects and / or malfunctions of hard and / or software. CCA and the Seller are therefore not liable for damage if the (Prospective) Buyer is unable to place a Bid as a result of a computer malfunction.

(vii) CCA and the Seller are not liable for damage caused in the context of an internet auction as a result of viruses or other illegal programs or files that may be distributed via the auction website.

(viii) CCA and Seller are not liable for damage resulting from incorrect, outdated and / or incomplete information whether or not stated on CCA's website and / or on websites that can be visited by clicking on links to other websites listed on CCA's website; and

(ix) CCA cannot guarantee that the Seller is actually entitled to dispose of the goods and that they are not encumbered with limited rights, other restrictions or intellectual property rights of third parties. CCA is not liable for damage to be suffered and suffered by the (Prospective) Buyer, including any consequential damage, to the extent of the Seller's lack of authority, limited rights, non-entitlement to alienation, other restrictions and / or intellectual property rights of third parties with regard to the matters.

14.6 Insofar as exclusion of liability is permitted by law, CCA and the Seller are not liable for damage caused by auxiliary persons and / or auxiliary items.

14.7 The (Prospective) Buyer hereby waives his rights arising from Title 1 of Book 7 of the Civil Code insofar as these provisions can be deviated from by law.

Article 15; Execution

15.1 In the event of an enforceable sale or sale by means of ready execution, the provisions of Article 7:19 of the Dutch Civil Code apply.

Article 16; Personal data / Company data Seller / third party

16.1 The Seller and (Prospective) Buyer agree that personal data and / or company data of the Seller or a third party that, where appropriate, are located on or in a Lot, are explicitly not part of the Purchase Agreement. The (Prospective) Buyer is obliged, if and insofar as personal data and / or company data appear to be present in a Lot after an auction, to immediately inform the Seller about this and, where appropriate, to cooperate unconditionally at the first request to provide the Seller with these personal data. and / or company data or their destruction. Subject to the aforementioned obligations, the (Prospective) Buyer will observe secrecy with regard to this information and the (Prospective) Buyer will not be permitted to use this information or have it used in any way or to provide it or have it provided to third parties or in it. to allow inspection. In the event of violation of the provisions of this article 16, the (Prospective) Buyer will owe the Seller an immediately payable fine in the amount of EUR 2,500, without prejudice to any other right of the Seller, including but not limited to a right to compensation.

Article 17; Disclaimer

17.1 In addition to what has otherwise been agreed in writing, the (Prospective) Buyer expressly indemnifies CCA and the Seller against all future and already suffered damage and other claims of the (Prospective) Buyer and third parties caused by and / or in connection with visible or hidden defects, incompleteness, incorrect numbers, disappointed expectations of the third parties, incorrect operation, unusability, unsaleability of goods, failure to meet the purpose for and / or the expectations with which the (Prospective) Buyer or subsequent third parties purchased the goods, the existence of rights or claims of third parties and / or the impossibility of transferring goods to (Prospective) Buyer and third parties, including all consequential damage.

17.2 (Prospective) Buyer indemnifies CCA and Seller against all claims by CCA, Seller and third parties, including all damage, costs, expenses and fines that third parties suffer or are owed as a result of or in connection with any act or omission by CCA or third parties engaged by it, insofar as this has been and / or will be caused by the performance of the agreement and is due to intent or gross negligence on the part of the (Prospective) Buyer, the staff of the (Prospective) Buyer, by (Prospective) third parties and / or suppliers engaged by the buyer.

17.3 The (Prospective) Buyer indemnifies CCA and Seller against all claims from CCA, Seller and third parties, including all damage, costs, expenses and fines suffered or owed by third parties, (i) that do not concern direct damage or (ii) ) that exceed the amount referred to in Article 12.1. Furthermore, the (Prospective) Buyer indemnifies CCA and the Seller against all claims from third parties as a result of an event, which on the basis of this agreement could not result in any liability on the part of CCA and / or the Seller towards the (Prospective) Buyer.

Article 18; Dispute resolution; applicable law
18.1 Contrary to the legal rules for the jurisdiction of the civil court, any dispute between the Other Party and CCA and / or the Seller, if the court has jurisdiction, will in the first instance be settled by the competent court of the Noord-Holland District Court, seat in Amsterdam. However, CCA and the Seller remain authorized to submit a dispute to the competent court according to the law or the applicable international treaty.

18.2 These Terms and Conditions and every agreement between CCA and the (Prospective) Buyer and to every agreement between the Seller and the (Prospective) Buyer are governed by Dutch law, with the exception of the rules of private international law.

Article 19; Translations

19.1 In the event of differences between translations of these Conditions and the Dutch text of the conditions, the Dutch text will prevail.

Article 20; Final provisions

20.1 If and insofar as any provision of these Conditions is null and void or is nullified, the other provisions of these Conditions will remain in full force. The invalid or annulled provision will in that case be converted by operation of law into a provision with the same purport to be regarded as valid, of which it must be assumed that this provision would have been included if the invalid provision had been waived due to its effect, unless this would be unreasonable. are towards an interested party who has not cooperated as a party.

20.2 If any provision of the agreement between the Seller and the (Prospective) Buyer and / or between CCA and the (Prospective) Buyer (including the provisions of these Terms and Conditions insofar as they form part thereof) is invalid, illegal or unenforceable, then this will become valid. in no way affect or reduce the legality and enforceability of the other provisions.

20.3 These Conditions create the right not only for CCA (and third parties engaged by CCA), but also for the Seller and the Stichting Derdengelden to invoke these Conditions towards the (Prospective) buyer and the provisions in these Conditions apply to the (Prospective). Buyer therefore also as an irrevocable and unconditional third-party clause that can be invoked against the (Prospective) Buyer by the Stichting Derdengelden and the third parties engaged by CCA.

20.4 Headings and numbering of Articles are for ease of reference to Articles only and will not affect the interpretation of the Articles concerned.