General terms and conditions for online auctions at TroostwijkAuctions.

com
This document contains the general conditions for the auctions of two different auctioneers.
You can find out which conditions apply to each auction by matching the auctioneer mentioned in each auction.

1) Auctioneer Auktionshaus Wilhelm DECHOW GmbH

2) Auctioneer Troostwijk Auctions B.V.

Auctioneer: Auktionshaus Wilhelm DECHOW GmbH

GENERAL TERMS AND CONDITIONS

Auktionshaus Wilhelm Dechow GmbH (hereinafter referred to as: “DECHOW” or the “Auctioneer”), sells used goods via
its website https://www.troostwijkauctions.com (hereinafter referred to as: “Platform”) in the context of voluntary, public
internet auctions on behalf of and for the account of the consignor (hereinafter referred to as: the “Seller”). The following
terms and conditions govern the legal relationships between the Seller and/or DECHOW on the one hand and Buyers or
individuals bidding on items for sale (hereinafter referred to as the ‘Bidder’ or ‘Buyer’) in online auctions on the other
(hereinafter referred to as the ‘auction’ or ‘auctions’).

1. Scope of validity and binding character of the Terms and Conditions

These General Terms and Conditions apply to sales initiated or fulfilled by DECHOW in the context of auctions via the
Platform https://www.troostwijkauctions.com. Only natural persons, juridical persons and partnerships with a legal
capacity who are acting in a commercial or independent professional capacity (“entrepreneurs” pursuant to § 14 BGB)
may participate in the auctions.

The Buyer or Bidder acknowledges the exclusive binding character of these Terms and Conditions; any differing,
opposing or supplementary General Terms and Conditions of the Bidder are not part of the contractual relationship with
the Seller and/or DECHOW.

The Special Terms and Conditions of Auction included with these General Terms and Conditions of Auction apply solely
to the respective auction. In the event of differing or contradicting terms, the Special Terms and Conditions of Auction
take precedence over these General Terms and Conditions of Auction.

2. Bidding platform, bidding conditions

2.1 The dates of the auctions shall be published on the website https://www.troostwijkauctions.com and in other
generally accessible publications. Bidding in each auction shall run for the time period shown on the bidding page.
DECHOW reserves the right to shorten or extend bidding.

2.2 Bids may only be submitted by registered bidders via the bidding page set up on the Platform, and only online using
the procedure described on the website https://www.troostwijkauctions.com. Bids submitted in any other way will not be
considered, even if they are received by the Seller or DECHOW during the bidding period. The Buyer is not permitted to
place bids for the same lot using a different user account or by engaging the help of a third party.

3. Information about lots

3.1 Presenting items for purchase (also referred to as “lot” or “lots”) on the internet serves only to give prospective
buyers the opportunity to classify the lot objectively and in terms of time and place. The written description in German
shall apply in this regard, even if the Auctioneer provides the Bidder with a translation as a service. Notwithstanding,
visual representations and written descriptions, especially technical specifications, dimensions, makes, years of
manufacture and quantities, are non-binding and constitute neither an express nor an implied definition of the quality of
the item offered for purchase. The Bidder acknowledges and accepts that the Seller does not guarantee the existence
of any properties stated in or derived from what is shown on the internet. Because internet presentation of the lots is
non-binding, we strongly advise Bidders to inspect the lots before placing a bid.

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3.2 Aside from that, the warranty exclusion agreed in Section 9 shall apply to the quality due in law under Section 434
Par. 1 Sentence 2 No. 2 and Section 434 Par. 1 Sentence 3 of the German Civil Code (BGB). The Seller and the Buyer
agree that the use assumed under the agreement (Section 434 Par. 1 Sentence 2 No. 1 BGB) corresponds to the usual
use (Section 434 Par. 1 Sentence 2 No. 2 BGB).

4. Conclusion of agreement

4.1 The auction is performed as a conventional ‘English auction’ with ascending prices. It starts with a minimum
bid for each lot. The current bid must be increased in each case at least in the prescribed increments, which are based
on the minimum bid. A bidding agent for placing bids automatically is optionally available to the Bidder. Once activated
by the Bidder, the Bidder’s bid is automatically increased in increments within the prescribed framework, until the Bidder
once again has the highest bid.

4.2 By placing a bid, the Bidder is submitting a binding and irrevocable offer to purchase the item presented for
sale online. The Bidder’s bid becomes invalid if a higher bid from another bidder is subsequently received (Section 156
Sentence 2, 2nd alternative BGB).

4.3 Bids must be placed within the bidding period specified for the respective auction. The Platform’s system clock is the
only determiner of the closing time which ends the bidding period. If a bid is placed on a lot within the last two minutes
before the end of the regular closing time for that lot, the bidding period for that lot shall be extended by two minutes.
This term shall apply in the same way again if a higher bid is submitted within the extended bidding period. This shall
continue to happen until no more higher bids are received within two minutes before the end of the bidding period,
which may be extended several times.

4.4 After the auction ends, the Auctioneer accepts the highest Bidder’s bid with an email confirmation, which
constitutes acceptance of the bid within the meaning of Section 156 Sentence 1 BGB. The agreement is thereby
concluded between the Seller and the highest Bidder. However, DECHOW is entitled to close the auction without
issuing a declaration of intent corresponding to the bid acceptance, pursuant to Section 156 Sentence 2, 2nd alternative
BGB.

4.5 DECHOW reserves the right to sell all or individual lots of an auction under a condition set at DECHOW’s own
discretion and announced to the Bidder before the start of the auction. Furthermore, DECHOW reserves the right to
withdraw lots before the start of the auction and decline bids without specifying a reason; this right exists only until a
declaration of intent corresponding to the bid acceptance has been issued as per Section 4.4 Sentence 1 of these
Terms and Conditions.

If the highest bid is below the minimum price set by the Auctioneer at their own discretion, or if the Auctioneer has
accepted
the bid with a proviso for other reasons, a purchase agreement shall only be concluded if the Auctioneer declares that
they have sold the
lot for the highest bid or have dropped the proviso. Sending an invoice for
the lot to the highest Bidder is deemed to indicate that the condition has been dropped. If the Auctioneer does not
declare that the condition has been dropped within ten working days of the end of the auction, then the bid is
considered not accepted.

4.7 Due to the special marketing format, the Bidder agrees that the identity and address of the Seller shall usually only
be disclosed to them upon conclusion of the agreement.

5. Payment of the purchase price and secondary services

5.1 In addition to the purchase price, the Buyer must also pay the surcharge specified at the time the bid is placed
as well as the VAT incurred on the surcharge. DECHOW shall invoice the purchase price for the item for sale on behalf
and for the account of the Seller, and the surcharge on behalf and for its own account.

5.1.1 The statutory VAT applicable to the respective lot is added to the purchase price of the object for buyers from
the Federal Republic of Germany, provided the sale is not subject to differential taxation in accordance with Section 25a
of the German Value Added Tax Act (UStG) or the VAT cannot be specified for the lot sold.

5.1.2 Prior to placing a bid, buyers from EU states other than the Federal Republic of Germany must verify to
DECHOW in writing the valid international VAT number issued to them and provide DECHOW with a copy of the
identification card or passport of their legal representative or owner. Upon submission of all documents and after
successful acceptance of its bid, the Buyer shall receive an invoice for a tax-free intra-Community delivery. In addition
to the amounts stated in Section 5.1, the Buyer shall pay a security amounting to the VAT rate on the net purchase
price in the Federal Republic of Germany. If the Buyer demonstrates the complete and uncontested legal requirements
for a tax-free intra-Community delivery within one week of collection of the item purchased, DECHOW shall refund the
security to them after being given a reasonable time to check. If this period lapses and DECHOW does not have full,
uncontestable proof of the legal requirements for a tax-free intra-Community delivery, DECHOW shall be entitled to

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cancel the existing invoice, issue an invoice with VAT, and arrange for the security provided to be paid as VAT to the
relevant tax office in the Federal Republic of Germany.

5.1.3 Buyers from non-EU states (third countries) must pay DECHOW a security on the purchase price for the item
for sale equivalent to the relevant VAT rate applicable in the Federal Republic of Germany. This security shall be
refunded to the Buyer as soon as it has been verified with certainty that the purchased lot has left the EU. To this end,
the Buyer must provide DECHOW with the original version of the completed export declaration with a stamp from the
EU border customs agency.

5.2 The purchase price and surcharge shall be due in full at the time at which the bid is accepted, and in the case
of conditional acceptance, immediately after the condition is dropped. The buyer is obliged to transfer the purchase
price within 4 working days (including Saturdays) after sending the purchase contract solely to the account specified in
the invoice.
Cash payments amounting to €10,000.00 or more are not accepted, even if divided into multiple instalments in
connection with one transaction, whereby the sum of the instalments reaches a value of €10,000.00.

5.3 The parties to the purchase agreement agree that invoices for auctioned lots shall only be sent to the invoice
recipient in electronic form, insofar as DECHOW has been provided with the necessary details. The invoice recipient
agrees that they will not receive any paper invoices unless otherwise agreed. The Buyer receiving the invoice is aware
that it must ensure the authenticity of the origin, the accuracy of the content and the legibility of the invoice in
accordance with Section 14 Par. 1 UStG.

5.4 Offsetting payment of the purchase price or withholding the purchase price in lieu of counterclaims is
excluded, unless the counterclaims are not disputed or have been deemed legally enforceable.

6. Pickup, shipment

6.1 DECHOW shall authorise the Buyer to collect the lot after full payment of the purchase price in accordance with
Section 5.1. The Seller or DECHOW is entitled to decline authorisation to pick up the purchased item, hand over the
purchased item or – in the case of vehicle auctions – hand over the second part of the registration certificate until the
Buyer has met all of its obligations to the Seller and DECHOW, even if the obligations arise from other sales and/or
other legal relationships.

6.2 The auctioned lot must be picked up by the Buyer from the pickup location indicated by DECHOW, at the
pickup times specified in the Special Terms and Conditions of Auction for the auction in question, and no later than
ten days upon receipt of authorisation for pickup. Picking up the auctioned lot within the specified time frame is a
primary contractual obligation on the part of the Buyer. The individual collecting the item must verify their identity in
writing by presenting a valid identification card or passport as well as proof of their authorisation to represent the Buyer,
if applicable.

6.3 Unless stated otherwise in the Special Auction Terms and Conditions or expressly agreed otherwise in writing,
the lot shall be handed over to the Buyer by taking possession at the pick-up location; in business transactions with
Buyers from non-EU countries, delivery "ex works" (EXW according to Incoterms® 2020) from the pick-up location shall
be agreed.

6.4 Dismantling, loading, dispatch, transport and, if applicable, export of the object of purchase shall be carried out
at the expense and risk of Buyer. All activities going beyond the provision of the purchased item for collection, in
particular its loading and transport, shall be exclusively at the request of and the responsibility of the Buyer, regardless
of whether they are performed by DECHOW or by a third party. The Buyer must therefore consider any fault arising
during the performance of these activities as its own fault (Section 278 BGB). Neither DECHOW, nor anyone working
for DECHOW, nor third parties appointed by DECHOW, are therefore shippers (Verlader) within the meaning of the
German Road Traffic Act (StVO). Shipping organized by DECHOW is only possible within the Federal Republic of
Germany.

6.5 Individuals enter the premises where items for sale are located in order to inspect or pick up items at their own
risk.

7. The Seller’s right to withdraw

7.1 If the Buyer does not pay the full purchase price including any additional services pursuant to Section 5.1 within four
working days (including Saturdays) of dispatch of the invoice relating to the lot, the Seller shall be entitled, after
unsuccessfully granting the Buyer a further grace period of at least seven further working days (including Saturdays), to
withdraw from the purchase agreement and sell the lot by other means. If the Seller withdraws due to late payment, the
initial buyer shall be liable to the Seller for any shortfall in proceeds and shall be obliged to reimburse any additional
costs (transport, storage etc.) incurred as a consequence of late payment.

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7.2 If the Buyer fails to collect the lot in time in accordance with Section 6.2, the Seller shall be entitled to withdraw from
the purchase agreement after unsuccessfully granting the Buyer a further grace period of at least 14 working days
(including Saturdays). If this happens, the initial buyer shall be liable for damages to the Seller and DECHOW.

7.3 Furthermore, after a withdrawal from the purchase agreement due to delay in payment or failure to pick up the
purchased item on time, the Buyer commits to paying the Seller a fixed amount of compensation of 10% of the
purchase price (not including VAT, surcharge and VAT on the surcharge), unless the Buyer proves that no damages
whatsoever, or damages significantly lower than the fixed fee, have been incurred upon the Seller.

7.4 The Buyer must still pay the surcharge incurred for DECHOW’s mediation service even in the event of withdrawal
from the purchase agreement due to delay of payment or failure to pick up the purchased item on time.

7.5 If a lot is not available despite bidding on it having been accepted, the Seller is entitled to abstain from its duty to
hand it over. If this happens, the Seller or DECHOW shall inform the Buyer without undue delay that the lot is
unavailable, and reimburse the Buyer without undue delay for any payments made for it.

8. Transfer of risk

The risk of accidental destruction or accidental deterioration of the item purchased shall pass to the Buyer upon
acceptance of the bid or, in the case of a bid accepted under a proviso, upon removal of the proviso.

9. Seller’s liability

9.1 All items are sold as is, without any rights arising from product defects or any liability for material defects.

9.2 The disclaimer agreed above shall not apply inasmuch as the Seller is liable for personal damages resulting from
injury to life, body or health arising from an at least negligent breach of duty by the Seller, or an intentional or negligent
breach of duty by its legal representative or agents. Nor does the disclaimer apply to other damages caused by an at
least grossly negligent breach of duty on the part of the Seller, its legal representative or agents.

9.3 The disclaimer agreed above in Sentence 9.1 does not apply if the Seller has purposefully failed to point out a defect
or if a guarantee for the quality of the item for sale has been accepted.

10. Buyer’s duty to give notice of defects

10.1 If the purchase is a commercial transaction for both contractual parties within the meaning of the German
Commercial Code, the Buyer must inspect the purchased item immediately upon delivery by the Seller or DECHOW
and notify the Seller or DECHOW immediately if a deviation from the promised quality is discovered. If the Buyer fails to
lodge a complaint of an identified deviation from the promised quality within a regular period of three working days of
delivery, or of a previously undiscovered deviation from the promised quality within a regular period of three working
days of discovery of the defect, the purchased item shall be considered accepted unless the Seller or DECHOW
purposefully fails to point out a defect. The Seller or DECHOW must receive the notification within the specified period
in order for complaints to be accepted.

10.2 If the purchase is not a commercial transaction for both contractual parties within the meaning of the German
Commercial Code, the Buyer shall notify the Seller or DECHOW in writing of any obvious defects within a period of 12
working days after receiving the item purchased. The Seller or DECHOW must receive notification of defects within the
specified period in order for complaints to be accepted. If notice of obvious defects is not given within the
aforementioned period, the Buyer shall no longer be able to claim for defects not notified in due time, unless the Seller
or DECHOW has fraudulently concealed a defect.

11. Right to subsequent performance

If notices of defect are justified in view of the terms of Sections 9 and 10 above, the Seller shall have the right to
subsequent performance. The Buyer shall have the right to choose between rectification of defects and additional
delivery. In the event of subsequent performance, the Seller shall not be obliged to bear any increased costs incurred by
transferring the item purchased to a place other than the place of performance pursuant to Section 6.2, provided that
transferring it is not part of its intended use.

12. DECHOW’s liability

12.1 DECHOW shall not be held liable on account of having brokered the purchase agreement.

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12.2 The above disclaimer shall not apply inasmuch as DECHOW is liable for personal damages resulting from injury to
life, body or health arising from an at least negligent breach of duty by DECHOW, or an intentional or negligent breach
of duty by its legal representative or agents. Nor does the disclaimer apply to other damages caused by an at least
grossly negligent breach of duty on the part of DECHOW, its legal representative or agents.

13. Limitation

13.1 The Buyer’s warranty claims against the Seller shall lapse by limitation three months after the transfer of risk in the
case of damages and in the case of claims arising from quality defects. This does not apply to claims arising from injury
to life, body or health based on an at least negligent breach of duty by the Seller, its legal representative or agents. Also
excluded from the shortening of the limitation period in Sentence 1 are claims for other damages based on an at least
grossly negligent breach of duty by the Seller or its agents. The statutory time limit shall apply in such cases.

13.2 Any claims for damages against DECHOW shall lapse by limitation three months after conclusion of the brokered
purchase agreement. This does not apply to claims arising from injury to life, body or health based on an at least
negligent breach of duty by DECHOW, its legal representative or agents. Also excluded from the shortening of the
limitation period in Sentence 1 are claims for other damages based on an at least grossly negligent breach of duty by
DECHOW or its agents. The statutory time limit shall apply in such cases.

14. Retention of title

Title to the items auctioned shall only be handed over to the Buyer upon payment in full of all moneys owed from their
business relationship with the Seller.

15. Authority to declare, receive and collect

15.1 DECHOW is fully authorised by the Seller with regard to any purchase agreements initiated and concluded on the
basis of these Terms and Conditions. DECHOW is in particular authorised to make and receive any declarations
needed in connection with these purchase agreements. This authorisation shall apply until the Buyer is notified
otherwise in writing.

15.2 The Buyer acknowledges and accepts that DECHOW shall be entitled to collect and enforce in court, in its own
name and for the Seller’s account, any claims by the Seller arising from or in connection with any purchase agreements
initiated or concluded on the basis of these Terms and Conditions.

16. Applicable law, place of jurisdiction

16.1 The parties agree that the entire contractual relationship shall be governed by the law of the Federal Republic
of Germany, with the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

16.2 If the Buyer is a merchant within the meaning of the German Commercial Code (HGB), a legal person under public
law or an entity under public law, the place of jurisdiction for all obligations arising from or in relation to the purchase
agreement shall be Hamburg, and Hamburg-Mitte Local Court in the case of local court matters.

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Auctioneer: Troostwijk Auctions BV

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The general terms and conditions have been updated on 8 July 2022

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