SPECIAL TERMS and CONDITIONS of AUCTION- and SALE

of 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 Beusekoms 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 buyers 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 buyers 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 buyers 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.

... (Handtekening van de ontvanger)

TRANSPORT STATEMENT

(each purchaser needs to fill in this form if the goods are being transported to an EUCountry)
Herewith the undersigned declares (if necessary on behalf of the customer) that the goods, mentioned on the invoice, will be transported to a country within the European Union other than The Netherlands. He also declares that he is willing to give any additional information about the destination of the goods to the Dutch Tax office, if requested. Name: Address: Invoice number: Invoice date: Van Beusekom B.V. Parkstraat 5, 3743 ED Baarn, the Netherlands __________________ ____/_____/2009
Customer and transport: Company name: _______________________________________ VAT number: _______________________________________ Vehicle registration number: _______________________________________ Place and country of destination: _______________________________________ Collector: Name: Place: Date:
______________________________________________ ______________________________________________ ______________________________________________
___________________________________________ (Signature of Collector)
Loopgang BD pallet met ca. 430 verfmengers, art. nr.: 10M41 pallet met ca. 440 handzagen, art. nr.: 14Z02 pallet met ca. 63 waterpassen, art. nr.: 12W52, onbreekbaar, lengte: 1 mtr pallet met ca. 208 21-delige chromen vanadium schroevendraaier-/bitsets, art. nr.: 13S575 pallet met ca. 39 stalen schragen, art. nr.: 18D235, afm.: 99.5x78x10 cm pallet met ca. 17 elektrische vlakschuurmachines, art. nr.: 40P2500, afm.: 115x230 cm, 280 Watt, 230 V, met stofafzuiging, soft finish, soft grip pallet met ca. 113 zagen, art. nr.: 14Z53B pallet met ca. 620 klemmen, art. nr.: 18D137B doos met 3 oplaadbare schroef-/boormachines, art. nr.: 40P1042, met 2 accu's, 12V pallet met 30 oplaadbare schroef-/boormachines, art. nr.: 40P1052, met 2 accu's, 18V doos met ca. 8 SDS boren, art. nr.: 27DD2055, : 65 en 80 mm, lengte: 350 mm

6110Z 6113 6114

6114Z 6118Z 6123 6123Z 6124
of the private limited company Van Beusekom B.V.
Clause 1 - Scope of Application
GENERAL TERMS AND CONDITIONS
These General Terms and Conditions apply to all offers and agreements between Van Beusekom B.V, hereinafter referred to as Van Beusekom, of the one part, and its counter-party, customer, seller, buyer and/or other user, of the other part. In addition to these General Terms and Conditions, Van Beusekom also applies Special Terms and Conditions for Auctions and Sale. The applicability of other General Terms and Conditions is excluded. Clause 2 - Offers The offers made by Van Beusekom are non-binding; they will be valid for a period of 30 days, unless otherwise specified. Prices are exclusive of VAT, Customs clearance costs, import and export duties and other levies, taxes, duties and charges, unless otherwise specified. Clause 3 - Evaluations 3.1 For the purposes of valuations to be carried out by Van Beusekom, the customer will ensure that all articles and information required to carry out the agreement are provided to Van Beusekom in full and in time. 3.2 If the articles and information required to carry out the agreement are not provided to Van Beusekom in time, the customer is bound to pay costs that Beusekom has to suffer due to any delay. 3.3 Van Beusekom is not liable for damage caused due to the fact that it has received incorrect and/or incomplete data from its customer. 3.4 If Van Beusekom carries out ordered work at the workplace of or on behalf of third parties, the customer indemnifies Van Beusekom against claims of third parties. Clause 4 Public sales 4.1 If Van Beusekom conducts any public sales, sales on location, online auctions, webcast auctions and/or tenders, the Special Terms and Conditions of Auction and Sale applied by Van Beusekom will also apply. 4.2 The customer guarantees to Van Beusekom that he has the right to sell the goods to which the order to Van Beusekom relates. 4.3 The Customer guarantees that the goods to be sold are unencumbered and are free of additional burdens and charges. 4.4 Van Beusekom sells on behalf of the Customer, and is not a party to the purchase agreement entered into with the buyer. 4.5 Van Beusekom is not bound to hand over in a clean condition, the sale or storage rooms from which sales are done. 4.6 If under the agreement, Van Beusekom is bound to carry out cleaning and evacuation, Van Beusekom is not responsible for any damage resulting from the same. Clause 5 - Risk, supply, delivery period 5.1 Public auctions carried out by Van Beusekom, on-site auction, online auction, webcast auction and/or tenders, the good/s purchased by a buyer is/will be at the risk of the buyer from the time of entering into the purchase agreement. 5.2 The purchase contract is formed between Van Beusekoms client and the customer, through the assignment of the good/s for which the buyer has made an offer. 5.3 Allocation is made by the Seller or by Van Beusekomon the Sellers behalf. 5.4 Delivery is made from the location designated by Van Beusekom. 5.5 Purchased goods will be transported at the cost of the buyer. 5.6 If the buyer refuses or defaults in providing or following-up information or instructions required for the delivery, measures will be taken on the account of the buyer, subject to the assessment of Van Beusekom, that may be required to hand over the sales location to the Customer in an evacuated condition. The purchaser will in such case be liable to pay all costs, including dismantling, transport and storage costs. 5.7 If the buyer, after being issued a notice of default, fails to accept goods, Van Beusekom has the right to allot the goods to the next bidder, and the buyer will pay the difference in the proceeds. Clause 6 - Payment 6.1 Payment must be made in Euros within fourteen days (unless otherwise specified) after the invoice date, by transferring the amount payable into the bank account of Van Beusekom. 6.2 Payment should be made without deductions or set-offs. 6.3 If full payment is not made within a period of fourteen days, the counter-party will be deemed to be in default without the need for further notice of default. From that moment onwards, the counter-party, the Customer, seller, purchaser and/or user will be liable to pay interest on the amount payable, equal to the statutory interest plus 2%. 6.4 The payments made by the counter-party, the customer, seller, buyer and/or user will first be applied toward the interest and costs payable, and only then toward outstanding invoices, with the oldest invoices first.

Clause 7 Suspension/Termination of the agreement 7.1 Claims of Van Beusekom against the counter-party, the customer, seller, buyer and/or user arising under the agreement with Van Beusekom will become immediately due and payable: if contractual performance and payment of an advance/requested security is either missing or insufficient; in case of bankruptcy or suspension of payment by the counter-party; if the other party is in default and/or otherwise fails to meet its obligations under the Agreement. 7.2 Van Beusekom has the right to suspend the execution of the agreement or to totally or partially terminate the contract, subject to obligation of the other party, the customer, seller, buyer and/or user to compensate damage suffered by Van Beusekom and without prejudice to the other rights that arise in favour of Van Beusekom. Clause 8 Collection Costs Costs that Van Beusekom has to incur for recovery, subject to a minimum of 10% of the outstanding amount, at the expense of the counter-party, the customer, the seller, the buyer and/or the user. Clause 9 - Liability 9.1 Liability if any of Van Beusekom will be limited to the amount covered and/or paid by the insurer. 9.2 If the damage is not covered and/or paid by the insurance company, the liability will be limited to the amount to which Van Beusekom is entitled under the agreement. 9.3 Van Beusekom will in no case be liable for: consequential damages, among others, in the form of loss of profits; shortcomings of third parties engaged by it; damage caused by or relating to the removal of environmentally harmful and/or hazardous substances; damage caused by or in connection with the operation, management and maintenance of technical installations. 9.4 All claims of the counter-party, customer, seller, buyer and/or user as against Van Beusekom will lapse twelve months after the claim arises when the damage is first detected or could have been detected. Clause 10 - Force majeure 10.1 Force majeure consists of conditions that hamper the fulfilment of the agreement and cannot be ascribed to Van Beusekom. 10.2 The obligations of Van Beusekom are suspended during a force majeure situation. If Van Beusekom is unable to fulfil its obligations for more than three months due to force majeure, both the parties have the right to terminate the agreement without this giving rise to any obligation to pay damage compensation. 10.4 If in case of force majeure, Van Beusekom has partially fulfilled its obligations in whole or in part, the work partially executed will be charged to the customer and the customer is bound to pay the same. Clause 11 - Applicable Law All offers and any agreement entered into between Van Beusekom and its counter-party, the customer, the seller, purchaser and/or the user will be subject to the law of The Netherlands. Clause 12 - Translations In case of differences between translations of these General Terms and Conditions and the Dutch text of the terms and conditions, the Dutch text shall prevail.