VERSION MAY 2018
GENERAL AUCTION AND SALES CONDITIONS FOR CONSUMERS
of the private limited company 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 terms and conditions of sale and auction, the following definitions apply:
- Offer: A private offer to sell one or more Goods;
- CCA: Classic Car Auctions, with its registered office in Uithoorn and its principal place of business at Anthony Fokkerweg 7 in (1422 AE) Uithoorn and/or an affiliated (legal) person who declares these Terms and Conditions applicable;
- (Prospective) Buyer: The legal or natural person who (not as a Consumer) participates in an Auction, or who has received an Offer;
- Bid: an amount offered by a (Prospect) Buyer for a Lot or a combination of Lots in writing or via the CCA website, excluding Auction Costs and VAT;
- BVA: BVA Auctions, the party through which CCA arranges the online auctions.
- Consumer: the natural person who does not act for purposes related to the exercise of a trade, business, craft or profession;
- Trustee: A liquidator appointed by a court, who has obtained the management and disposal of the assets belonging to a bankruptcy estate;
- Third-party funds account: the third-party funds account held by the Foundation;
- Form: the form referred to in Article 2.2 of these Terms and Conditions;
- Lot: one or more Goods that are auctioned, whether or not under an auction number;
- Lot combination: a combination of lots that are auctioned under an auction number;
- Purchase Price: In the event of an Auction: the amount of the highest Bid, increased by the following amounts: the Auction Costs and the sales tax owed by the Buyer. If there is no Auction: the purchase price offered by the Buyer for one or more items, plus the VAT due;
- Purchase Agreement: A purchase agreement between the Seller on the one hand and (Prospect) Buyer on the other, whether or not concluded via CCA by means of an Auction;
- Personal data: the (personal) data that must be provided to CCA upon registration by a (Prospect) Buyer via the auction process on the BVA website in order to be able to bid for an Auction as a (Prospect) Buyer and which can be traced back to his or her person. to be;
- Derdengelden Foundation: the Derdengelden Online Auctions Foundation, or a third-party funds foundation to be designated by CCA;
- Allocation: the explicit statement by CCA on behalf of a Seller to the (Prospective) Buyer, stating that the purchased item has been definitively assigned to him against payment of the Purchase Price at an Auction;
- Auction: the public sale of one or more Lots, whether or not online and whether or not in the context of an enforceable sale;
- Auction Website: the Auction Website of BVA through which CCA offers its Auction Service;
- Seller: the natural or legal person who has instructed CCA to sell or auction one or more Goods in the name of and for the account of the Seller, whether or not as an executor;
- Conditions: these general auction and sales conditions;
- Goods: one or more goods within the meaning of Article 3:1 of the Dutch Civil Code.
Article 2; Applicability;
2.1 These terms and conditions apply to each Auction held by CCA, each Offer, each registration by a (Prospective) Buyer as stated in Article 2.2 of these Terms and Conditions and each (Purchase) Agreement concluded, as well as all related acts, both of a preparatory and executive nature and form an integral part thereof. Parties can only deviate from these Terms and Conditions in writing. The applicability of general or special (purchase) conditions applied by (Prospect) Buyer is expressly rejected by CCA and the Seller.
2.2 In the event of an Auction, each (Prospect) Buyer provides 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 making of a Bid, or by acknowledging that it is aware of and agrees to these Conditions by any other form of acceptance.
2.3 CCA may, in addition to these Terms and Conditions, declare special terms and conditions applicable. If and insofar as special conditions of CCA conflict with these Conditions, the provisions of the special conditions prevail.
2.4 CCA is entitled to change these Terms and Conditions at any time. When these Terms and Conditions are amended, the amended version will come into effect from any agreement concluded after the date of posting of the Terms and Conditions on the CCA website and organized Auction and/or agreement.
Article 3; Conditions for participation in Auction
3.1 (Prospective) buyer must be of age and authorized to perform legal acts. Before the start of the auction, the (prospective) buyer must register by CCA using the Form on the Auction Website and provide proper identification on 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 (Prospect) Buyer is obliged to ensure that the information on the Form is filled in completely, correctly and truthfully and guarantees the correctness and completeness of the information provided by the (Prospective) Buyer. The (Prospect) purchaser must immediately inform CCA in writing of any changes to this information.
3.3 (Prospect) Buyer must demonstrate at CCA's first request and to the satisfaction of CCA that the (Prospect) Buyer is creditworthy, failing which CCA may deny a (Prospect) Buyer from participating in an Auction.
3.4 The username and password used by the (Prospect) Buyer for an Auction are strictly personal and may not be transferred by a (Prospect) Buyer to third parties. If the (Prospect) Buyer fears that someone else knows his password, the (Prospective) Buyer must inform CCA of this without delay and the (Prospect) 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 (Prospect) Buyer always remains liable, also in the event of misuse of a password and/or username, for all actions that take place at an Auction and the (Prospective) Buyer will indemnify CCA and compensate CCA for all damage on first request. resulting from misuse and/or use of the password and/or username of the (Prospective) Buyer. CCA is at all times entitled (whether or not on behalf of the Seller) to demand compliance from the (Prospective) Buyer of bids made by using the password and username of the (Prospective) Buyer.
3.5 By registering in the manner specified in Article 3.1, the (Prospective) Buyer has access to an Auction and the right to act as bidder. 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 execution of the Auction will be determined exclusively 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 or exclude persons to the Auction, to exclude from further participation, to exclude one or more Lots not to auction or change (the composition of) Lots, not to recognize and declare a Bid 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 as stated in the auction catalogue. However, CCA has the right to deviate from this order.
5.5 CCA is entitled to make video recordings with image 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 will always only have 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 can take place in cases where there is an enforceable sale and in cases where there is no enforceable sale. In the event of an enforceable sale, the sale will take place before a civil-law notary.
Article 6; State of affairs
6.1 The (Prospect) Buyer purchases Goods promptly and in the condition in which they are at the time of delivery with all the benefits and burdens associated with it. Article 7:19 of the Dutch Civil Code applies, even in cases where there is no enforceable sale.
Article 7; Conclusion of Purchase Agreement in the event of an Auction
7.1 In the event of an 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 that purpose, completed and signed by the (Prospect) purchaser, stating all relevant information requested by CCA. The (Prospective) Buyer is bound by a Bid, which is considered irrevocable and unconditional. CCA, neither its employees, nor the 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 the Seller or their managers and/or subordinates. .
7.2 A Seller is not entitled to participate in the Auction and to make Bids on the Lot(s) offered for auction by a Seller.
7.3 CCA is entitled to make Bids on behalf of third parties.
7.4 Every offer is considered unconditional and irrevocable. Every (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 who submits the Bid declares to be acting on behalf of a third party.
7.5 If several persons declare jointly that they will make or have made a Bid, they will be jointly and severally liable for the obligations arising therefrom.
7.6 CCA determines whether such a mistake has been made when submitting a Bid that the person who made the Bid will not be held to his Bid. (Prospective) purchasers cannot derive any rights from CCA's decision in this regard.
7.7 The (Prospective) Buyer who makes the highest Bid will be regarded as the buyer after the Allocation. In the event of a difference of opinion, CCA will decide by way of binding advice who should be deemed to have made the highest Bid, without a (Prospective) buyer being able to derive any rights from this.
7.8 The second highest bidder is obliged to honor his Bid up to and including the day that the Goods can be collected or delivered in the event that the highest Bid is declared invalid or is not fulfilled, for example because the highest bidder has fulfilled his obligations. does not or does not fully comply, or because the agreement with the highest bidder is not concluded for any other reason.
7.9 In the event of an Auction, the Purchase Agreement is concluded at the time of Allocation.
7.10 (Prospective) Buyer is aware that Goods 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 at an Auction that the sale and/or Auction takes place on behalf of a third party, CCA will in principle be deemed to be the seller towards the Buyer, unless otherwise notified by CCA.
Article 8; Conclusion of Purchase Agreement outside Auction
8.1 The offers made by CCA are without obligation.
8.2 Prices stated in CCA's offers are exclusive of VAT, customs 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 the moment 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 (Prospect) Buyer is given the opportunity to inspect the Goods to be purchased prior to concluding the Purchase Agreement.
9.2 Descriptions of the Goods and all information provided by or on behalf of CCA are given to the best of its knowledge and are presumed to be intended only as an indication, without however CCA or the Seller guaranteeing its correctness. If CCA shows or provides a sample, model or example, this is always by way of indication only. The qualities of the Goods to be delivered may deviate from the sample, model or example. (Prospective) purchasers cannot derive any claims or rights from the descriptions, samples, models, examples and other information referred to. CCA has the right to correct inaccuracies in oral and written statements made by or on behalf of it and errors made (whether or not during an Auction), without (Prospect) buyers being able to derive any rights from them. CCA is not liable for any inaccuracies or incompleteness in the description of the Goods. The (Prospective) Buyer does not have the right to revoke a Bid or to dissolve the Purchase Agreement if it appears that the Good does not meet its description.
9.3 The (Prospect) Buyer is obliged to properly inspect the purchased Goods upon receipt as described in more detail in Article 11 of these Terms and Conditions. In doing so, the (Prospective) Buyer must check whether the delivered goods 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) in terms of quantity. Partly in view of the fact that the Goods purchased are used and not new Goods, these are purchased in the condition in which they were when they were purchased, as described in Article 11 of these Terms and Conditions and that defects or shortages must be reported to CCA at the latest upon receipt. 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 at the latest within the period of purchase set by BVA, as further described in Article 11 of the Terms and 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 it to the Derdengeldenaccount that is managed by the Derdengelden Foundation. The amounts owed by the buyer to CCA will be held on the Third Party Money Account on behalf of CCA and the amounts owed by the (Prospect) Buyer to the Seller after delivery of the Goods will be held for the benefit of the Seller.
10.2 After the expiry of the term referred to in Article 10.1 without full payment having been made, the (Prospect) Buyer is legally in default.
10.3 If the (Prospective) Buyer is in default with regard to any obligation incumbent on it, then CCA is authorized to re-sell the lots publicly or privately on behalf of the Seller, without any notice or notice of default, in its sole discretion, without prejudice to any other right. The (Prospect) Buyer shall immediately pay to CCA upon request any negative balance arising from the aforementioned new sale, variable commission costs and all damage caused by the default of the (Prospective) Buyer, both on the part of the Seller and on the part of the Buyer. 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 Section 6:119a of the Dutch Civil Code. In the latter case, the statutory commercial interest as referred to in Section 6:119a of the Dutch Civil Code is owed by the (Prospective) buyer to CCA.
10.4 Payment must be made without discount or set-off, to the extent permitted by law.
10.5 CCA is entitled to demand full or partial payment of the Purchase Price from the (Prospect) Buyer immediately upon or after the Purchase Agreement is concluded and/or to demand that security is provided for the fulfillment of its obligations towards CCA or the Seller. If the (Prospect) buyer does not comply with this in the event of an Auction, CCA is entitled not to recognize the Bid and to declare it invalid and to re-auction the purchased item, or to allocate the purchased item to the second highest bidder. If the (Prospective) Buyer does not comply with this in the situation that 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 legally in default and is obliged to compensate CCA for the damage caused as a result, 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 (Prospect) Buyer must adhere to must be regarded as strict deadlines, so that the (Prospect) Buyer will be in default if they are exceeded without further notice of default.
10.7 Payments made by the (Prospect) Buyer always serve in the first place to settle all interest and costs owed, and in the second place for due and payable invoices that have been outstanding the longest, even if the (Prospect) Buyer states that the payment relates to 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 borne by the (Prospective) Buyer.
Article 11; Decrease
11.1 The (Prospective) Buyer is obliged to take delivery of the purchased Goods at the place and time determined by CCA and, failing this, within the time specified on the website of CCA. www.classiccar-auctions.com time limit, on presentation of a proper proof of identity. The delivery of the purchased Goods takes place through the acceptance. The purchase consists of making the purchased Goods available to the (Prospect) Buyer. The risk with regard to the purchased Good is for the (Prospect) Buyer from the moment of delivery. The purchase or delivery is subject to the suspensive condition that the full Purchase Price and any other amounts owed by the (Prospective) Buyer have been paid and – in the event of the sale of one or more Goods on behalf of a Trustee – under the resolutive condition that the consent of the examining magistrate is withheld from the conclusion of the Purchase Agreement. If the (Prospect) Buyer refuses to take delivery or is negligent in providing information or instructions necessary for the acceptance, 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 disassembly costs, to CCA, in which case CCA will only hand over the Goods if and as soon as the aforementioned costs have been paid in full.
11.2 The (Prospective) Buyer must exercise the necessary caution when taking delivery of the purchased Goods and unconditionally and fully follow directions given by or on behalf of CCA. If it is necessary in the context of the purchase to disassemble the purchased Goods, the (Prospect) Buyer must take care of this in a professional manner, at his own expense and risk. The (Prospect) Buyer is not entitled to disassemble items that are connected to Items not purchased by the (Prospect) Buyer until CCA has obtained explicit written permission. The (Prospective) Buyer is liable for damage caused during or in the context of the purchase of the purchased Goods and will indemnify CCA and the Seller against claims from third parties in this regard. At CCA's first request, the (Prospective) Buyer is obliged to provide security to CCA in the event that damage is caused in the context of the purchase of the purchased Goods. No interest is paid on deposits paid by the (Prospect) Buyer.
11.3 Contrary to the provisions of Article 11.1, delivery of the purchased item will take place by delivery of the item purchased by CCA or a carrier engaged for that purpose to the address of the (Prospective) Buyer, if this has been 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 indicated otherwise after receipt of an invoice.
11.4 An agreed delivery time is not a strict deadline, unless expressly agreed otherwise in writing
11.5 An agreed delivery time only takes effect after the (Prospect) Buyer has provided all data, which CCA indicates are necessary, or which the (Prospect) Buyer should reasonably understand to be necessary in the context of the execution 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 picked up after the indicated collection day, storage costs of € 25 per day (excluding VAT) will be charged.
Article 12; Transfer of ownership
12.1 The ownership of the purchased item (assuming that all conditions for a legally valid transfer have been met) are transferred to the (Prospective) buyer at the time of delivery / acceptance as referred to in Article 11.1, or 11.3 of these Conditions, but ( i) not before the (Prospect) Buyer has paid the full Purchase Price and any other amounts owed by the (Prospect) Buyer, including those relating to work performed or to be performed on behalf of the (Prospect) Buyer and/or due to claims due to failure to comply with the (Purchase) Agreement and (ii), if the Lot(s) are/will be sold by order of a Trustee in Bankruptcy not earlier than after the permission of the Supervisory Judge has been obtained for the conclusion of the Purchase agreement. The risk of the purchased item transfers without further ado to the (Prospect) buyer at the time of delivery or acceptance or at the time when the (Prospect) purchaser is in default in performing an act with which he must cooperate with the delivery or purchase. .
12.2 The Seller hereby reserves the right of pledge as referred to in art. 3:237 BW as additional security for claims that the Seller may have against the (Prospect) Buyer for whatever reason. The authority included in this paragraph also applies to purchased Goods that have been processed or processed by the (Prospect) Buyer, as a result of which the Seller has lost its retention of title.
12.3 If the (Prospect) Buyer fails to fulfill its obligations or there is a well-founded fear that it will not do so, CCA is entitled to deliver Goods, subject to the retention of title referred to in paragraph 1, to the (Prospect) Buyer or third parties who use the Good for the (Prospective) buyer and/or Seller agree to remove or have them removed. The (Prospective) Buyer is obliged to provide full cooperation to this end, 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 subject to 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 acceptance 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 to CCA on first request. to be made available for inspection. The (Prospect) Buyer further undertakes at the first request of CCA (i) to pledge all claims of the (Prospective) Buyer against the insurers with regard to the goods delivered subject to retention of title to the Seller and/or CCA in the manner described in art. 3:239 of the Dutch Civil Code, (ii) to pledge to the Seller and/or CCA the claims that the (Prospective) Buyer acquires against its customers when reselling goods delivered subject to retention of title in the manner prescribed in art. 3:239 of the Dutch Civil Code, (iii) to mark the goods delivered subject to retention of title as the property of Seller, (iv) to cooperate in other ways with all reasonable measures taken by Seller and/or CCA to protect their title to the goods wants to affect and which do not unreasonably hinder the (Prospect) 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 purchased by the (Prospect) Buyer within the set term and/or the (Prospect) Buyer acts contrary to the provisions of Article 11.1, 11.2 and/or 11.3 of these Terms and Conditions. , the (Prospect) purchaser is legally in default and the Seller has the right to dissolve the agreement with the (Prospect) purchaser by means of a written statement, without owing any (damage) compensation to the (Prospect) purchaser, and/ or to immediately sell the purchased items 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 Purchase Agreement has been concluded, CCA or Seller becomes aware of circumstances that give Seller and/or CCA good grounds to fear that the (Prospect) buyer will not fulfill its obligations, in the event of bankruptcy or suspension of payments of payment by the (Prospective) Buyer, if CCA has requested the (Prospective) Buyer to provide security for the fulfillment and this security is not forthcoming or is insufficient, or if the (Prospective) Buyer is otherwise in default and does not fulfill its obligations from the Purchase Agreement. The (Prospective) Buyer is obliged to compensate CCA for all damage caused by its default, both on the part of the Seller and on the side of CCA.
13.2 If circumstances arise with regard to persons and/or material that CCA uses or usually uses in the execution 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 it becomes apparent that compliance with the Purchase Agreement can no longer be reasonably required, the Seller and/or CCA is authorized to dissolve the Purchase Agreement, without owing any (damage) compensation to the (Prospective) Buyer. After the transfer of ownership of the purchased items to the (Prospect) Buyer, the (Prospective) Buyer can no longer claim dissolution or annulment of the Purchase Agreement; If a third party has an interest in the careful removal of all or part of the Good and this removal, in the opinion of CCA, would endanger the building or cause permanent damage, or for any other reason, the Seller and CCA have the right, on behalf of the Seller, to terminate the Purchase Agreement without being obliged to pay any compensation, by means of a written statement to the (Prospect) purchaser. In that case, CCA and the Seller are not obliged towards the (Prospect) Buyer to do more than to refund the Purchase Price received by CCA and – insofar as CCA has sent an invoice to the (Prospect) Buyer in this regard – crediting thereof by sending a credit note.
13.3 If circumstances arise prior to delivery or acceptance as a result of which delivery or acceptance 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 caused by natural disasters, the Seller and CCA on behalf of the Seller right to dissolve the Purchase Agreement, without being obliged to pay any compensation, by means of a written statement to the (Prospect) Buyer. In that case, CCA and the Seller are not obliged towards the (Prospect) Buyer to do more than to repay the Purchase Price received by CCA and – insofar as CCA has sent an invoice in this regard to the (Prospect) Buyer – to credit it by sending a credit note.
Article 14; Liability
14.1 Any liability of CCA is excluded except in the case of willful misconduct or willful recklessness on the part of CCA or its managers. 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 the remaining provisions of these Terms and Conditions have been applied after application of the other provisions of these Terms and Conditions and insofar as the liability is covered by a 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 the damage is not covered by the insurance, CCA's liability is limited to a maximum of the net invoice amount for Auction Costs that CCA receives in the context of the order it has performed and the liability is from the Seller is limited to a maximum of the net purchase price that the Seller receives from a (Prospect) 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 by (Prospect) 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 claim of the (Prospect) Buyer against CCA and/or Seller shall in any event lapse after two (2) months after the Goods have been delivered to the (Prospective) Buyer in accordance with the agreement. ) purchaser or have been made available to the (Prospect) purchaser, unless the (Prospect) purchaser has instituted proceedings before the competent court within this period.
14.4 CCA and/or the Seller do not indemnify the (Prospect) Buyer for visible or hidden defects or warranty in connection with completeness, numbers, functioning, usability, saleability, the purpose for which the (Prospect) 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 in any way to compensation for damages and/or compliance.
14.5 CCA and the Seller are not liable for damage and consequential damage – personal injury or damage to an item other than the purchased item (Article 6:190 of the Dutch Civil Code) – if the non-conformity concerns a defect within the meaning of the product liability regulation in the sense of article 6:185 ff of the Dutch Civil Code.
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 property arising or caused prior to the conclusion of the Purchase Agreement;
(ii) CCA and Seller are not liable for damage caused to, by or in connection with the purchased items, including the loss of the purchased item;
(iii) CCA and the Seller are not liable for visible and invisible defects in the purchased items. The (Prospect) Buyer will have to investigate this as part of the inspection as referred to in Articles 9.1 and 9.3 of these general auction and sales conditions, while the (Prospect) Buyer is furthermore obliged to return after discovery of any imperfections, defects, deviations, etc. to notify CCA thereof in writing. If the (Prospect) Buyer fails to do so, the consequences thereof will be borne by the (Prospective) Buyer;
(iv) CCA and Seller are not liable for the non-compliance of the purchased with European directives, statutory 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 resulting 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 hardening/or software. CCA and the Seller are therefore not liable for damage, among other things, if the (Prospective) Buyer is unable to submit 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 any viruses or other illegal programs or files spread 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 the CCA website; and
(ix) CCA cannot guarantee that the Seller is actually entitled to dispose of the goods and that they are not encumbered with any limited rights, other restrictions or intellectual property rights of third parties. CCA is not liable for damage to be suffered and suffered by (Prospect) Buyer, including any consequential damage, insofar as the Seller has no power of disposal, limited rights, non-right to alienation, other restrictions and/or intellectual property rights of third parties with regard to the matters might be.
14.6 Insofar as exclusion of liability is permitted by law, CCA and Seller are not liable for damage caused by auxiliary persons and/or auxiliary items.
14.7 (Prospective) Buyer hereby waives its rights arising from Title 1 of Book 7 of the Dutch 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 way of summary foreclosure, 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 the (Prospective) Buyer agree that personal data and/or company details of the Seller or a third party that may be located on or in a Lot are expressly not part of the Purchase Agreement. If and insofar as personal data and/or company data appear in a Lot after an auction, the (prospective) purchaser is obliged to inform the Seller about this without delay and, where appropriate, to provide unconditional cooperation on first request to issue this personal data to the Seller. and/or company data or to destruction thereof. Subject to the aforementioned obligations, the (Prospect) Buyer will observe secrecy with regard to this information and the (Prospective) Buyer will not be allowed to use this information or have it used in any way or to provide it to third parties or to have it provided 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 due and payable penalty 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 (Prospect) Buyer expressly indemnifies CCA and the Seller against all future and already suffered damage and other claims by the (Prospective) Buyer and third parties, caused by and/or related to visible or hidden defects, incompleteness, incorrect numbers, disappointed expectations of third parties, incorrect functioning, unusability, unsaleability of goods, failure to fulfill the purpose for which and/or the expectations with which the (Prospect) purchaser or subsequent third parties have purchased the goods, the existence of rights or claims of third parties and/or the impossibility of transferring goods to (Prospect) Buyer and third parties, including all consequential damage.
17.2 The (Prospective) Buyer indemnifies CCA and the Seller against all claims by CCA, the Seller and third parties, including, among other things, all damage, costs, expenses and fines suffered or owed by third parties as a result of or in connection with any act or omission by CCA or third parties engaged by it, insofar as this is and/or will be caused by the execution of the agreement and is due to intent or gross negligence on the part of the (Prospect) Buyer, the personnel of the (Prospective) Buyer, by (Prospect) third parties and/or suppliers engaged by the buyer.
17.3 (Prospective) Buyer indemnifies CCA and Seller against all claims from CCA, Seller and third parties, including, among other things, 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 (Prospect) Buyer indemnifies CCA and the Seller against all third-party claims as a result of an event, which on the basis of this agreement could not result in any liability of CCA and/or the Seller towards the (Prospective) Buyer.
Article 18; dispute resolution; applicable law
18.1 Contrary to the statutory rules for the jurisdiction of the civil court, any dispute between the Other Party and CCA and/or the Seller will, if the court has jurisdiction, be settled in the first instance by the competent court of the District Court of Noord-Holland, seat in Amsterdam. However, CCA and 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 any agreement between CCA and the (Prospect) Buyer and any agreement between the Seller and the (Prospect) 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 Terms and Conditions and the Dutch text of the Terms and Conditions, the Dutch text shall prevail.
Article 20; Final Provisions
20.1 If and to the extent that any provision of these Terms is void or voided, the remaining provisions of these Terms will remain in full force and effect. In that case, the void or voided provision will be converted by operation of law into a provision to be regarded as valid with the same purport, of which it must be assumed that that provision would have been included if the invalid provision had been waived because of its effect, unless this would be unreasonable. towards an interested party who has not cooperated as a party.
20.2 If any provision of the agreement between Seller and (Prospect) Buyer and/or between CCA and (Prospective) Buyer (including the provisions of these Conditions to the extent that they form part thereof) is invalid, illegal or unenforceable, this do not affect or diminish in any way the legality or enforceability of the other provisions.
20.3 In addition to CCA (and the third parties engaged by CCA), these Conditions also create the right for the Seller and the Stichting Derdengelden to invoke these Conditions against the (Prospect) purchaser 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 by the Stichting Derdengelden and the third parties engaged by CCA against the (Prospective) buyer.
20.4 Headings and numbering of Articles are solely intended to facilitate reference to Articles and shall not affect the interpretation of the Articles concerned.