General terms of sale

I These are the only terms and conditions, together with those prepared in the notice to buyers, that appear in the catalog of the auction, which shall apply to the sale of assets undertaken by Pacelma Auctions, sl. The auctioneer who, as an agent of the seller, will be the sale of the assets to the bidder and all those other conditions, because they are expressed explicitly or implicitly in the common or special Act that contradicts these conditions, they are here excluded.

II The auctioneer may in its discretion or at the request of the seller;

A To modify, add or remove all or any of the lots outlined in the catalog of the auction until the time of the awarding and closure of the auction.

B When he is assigned a reserve in any lot price, withdraw the lot if the offer highest not reaches the reserve price.

C Where two or more consecutive batches are similar in quantity and characteristics, offer lots following the first bidder for the same price.

D Bid on any lot or lots offered for sale at the auction.

III Each batch must be sold to the best bidder and to arise any dispute between bidders shall be resolved at the discretion of the auctioneer.

IV In the case of non-resident foreign buyers in Spain, may be requested at the time of the registration of the auction, to provide a bank guarantee.

V The bidding system will be regulated by the auctioneer in the way that seems most appropriate. And, without prejudice to the above, he may refuse to accept any offer, provided that there are indications subjectively appreciated by the auctioneer, that to execute the conditions of sale and the notification to buyers, without the need for justification. The auctioneer may also bid on its own name even if it is in the interest of a third party.

VI The bidder which has awarded one or several batches will pay a Commission of 15% on concept of Commission to the buyer, on the total amount of the award to the auctioneer. The resulting amount is added taxes relevant to the existing type and in particular the VAT applicable. The Commission to the buyer is non-negotiable and must be paid for all bidders. The auctioneer, when acting as an agent of the seller, can also receive a Commission from the seller.

VII. With regard to the conditions of payment, shall be governed by the following conditions:

A Immediately after the sale, the auctioneer will require the bidder the total payment of the / lots awarded in cash, transfer, check, or shaped heel. In case of not to proceed with the payment of the total amount, the bidder must pay 50% of the price of each of the lots that have been awarded. The amount resulting from the established previously will be delivered to the auctioneer as a deposit on account of the total amount of all lots purchased by the bidder in the sale, giving proof of the amount paid.

B The remaining amount of the total amount of the invoice of the / awarded lots, shall be payable to the auctioneer before the maximum date fixed in the notice to buyers. Where the bidder not proceed to the payment of the articles (including the Commission to the buyer and VAT), in the terms and dates, the auctioneer reserves the right to execute the obligation of payment or to terminate the award, losing the bidder all right on them either to title of ownership, possession or any other similar righting deposits made.

C Only the payment of the deposit by check or heel conformed to the residents of Spain will be accepted. Non-residents must pay the deposit by cash or bank transfer.

D All lots must be removed by the bidder in the area where they are located. The withdrawal is subject to full payment of the invoiced amount and maximum laid down in the notice to buyers, this being an essential condition for the contract will be made before the date and time.

E In the event that the bidder fails to execute any of the previous requirements, the batch or batches that have been awarded or a part of them can once again be offered for sale, destroyed or intended for any other use determined by the auctioneer at its sole discretion, the first losing his right to recover money deposited in connection with the acquisition or procurement.

F Without prejudice to legal actions which the auctioneer and/or the seller may initiate against the bidder for breach of contract or other causes, the bidder will be responsible, since the end of the period referred to in the notice to buyers, all the costs of storage, administration and other costs arising from the new sale and/or the disposal of the assets not retired.

G In any case, the auctioneer will require a deposit in those situations in which the bidder is absent and when push through purchase orders.

VIII. with regard to the conditions of delivery, shall be governed by the following conditions;

A To in case of which the bidder does not appropriate the withdrawal of articles, terms and dates referred to in these conditions and in the notice to buyers, the auctioneer will have the option to unilaterally terminate the award, losing all right on award articles either by way of ownership, possession or any other similar right, including the deposits or to compel enforcement of the award in the amount stipulated manner plus all expenses incurred for this reason either directly or indirectly, as well as those costs that causes to third parties related to the auction.

B The bidder may only withdraw lots of facilities of the seller, provided that it does so within the maximum period specified in the notification to buyers, in the date and time agreed with the auctioneer and under the supervision of the Council or their representatives.

C The bidder not may withdraw facilities any acquired lot until it has paid all amounts due as set out in these terms and conditions.

D If, in the opinion of the auctioneer, the withdrawal of any lot or part of this may cause serious damage on the premises of the seller or any type of damage that the bidder is not able to or do not want to repair, the auctioneer may, in its sole discretion, cancel the sale of that lot or allow its withdrawal from facilities under the conditions it deems appropriate, with the condition that still.

E In the event that a third party claim the possession or ownership of all or part of the lot prior to its withdrawal from the premises of the seller, the auctioneer reserves the right to cancel the award or permit its withdrawal from the auction and installations, procedure subject to the conditions it deems appropriate, without that the bidder can claim to the auctioneer for this reason.

IX The bidder will be responsible for all damages that he, their carriers or their agents may cause to property belonging to third parties, and particularly to the premises of the seller, to withdraw the batch or batches you have acquired. When the auctioneer creates that such damage might occur, may require the bidder who made available a sum of money to cover the estimated costs of repairing the damage provided by the auctioneer. If the bidder refuses to make this deposit, the auctioneer may deny access to facilities in order to remove some or all of the lots and even cancel the sale of these lots to the bidder.

X The responsibilities of the buyer during the collections, as follows;

The bidder will assume all risks from the time of the award, being especially recommended ensure assets acquired immediately. At the mentioned time of the sale the bidder assumes all the risks associated with acquired lots that may arise thereafter, and is warns that it is advisable to have the above-mentioned insurance policies as they consider necessary. The obligation of the auctioneer and/or the seller deliver lots means compliment at the time in which complete the award, even in the case that later lot damage and/or lost in whole or in part.

B Ownership of each of the lots will be not transferred to the bidder until the following conditions have been fulfilled:

a The price to be paid in full on the dates indicated.

b The batch has been withdrawn from facilities where it is concluded the auction on the dates indicated.

XI the seller and the auctioneer will not be responsible for any claim of any kind, whether by contract or by mistake (excluding those claims that relate to damage to people caused by negligence of the seller or the auctioneer), submitted by the bidder, due any produced for any reason, in relation to the sale or alleged sale of some or all of the assets for any amount exceeding the amount of the deposit or the price of purchase (depending on each case) paid by the bidder with regard to property to which the claim relates.

XII All goods are sold with all the faults and imperfections and errors of description, illustrations and photos that appear in the catalog only are intended to assist in the identification of the lots. The auctioneer has made every effort to ensure that the descriptions of each lot are correct, but the bidder agrees to such descriptions at your own risk. It is recommended that the bidder that, prior to the auction, inspect all lots for which it intends to bid to check the accuracy of the description and should exercise and trust in his judgment with regard to the correction of the descriptions of the lots. None of the lots listed in this catalog is sold as new, except those that you specify. Except for obligations accepted by the auctioneer in these conditions of sale, neither the seller nor the auctioneer nor its employees or agents are responsible for errors in description or authenticity of any of the lots, or for any loss, damage or harm which the bidder can claim to have suffered as a result of a defect in any lot purchased. Also, neither the seller nor auctioneer, nor its employees or agents provide no guarantee to the seller with respect to any lot and any conditions or warranties, whether express or implied, they are here excluded.

XIII In the price for which the bidder takes on each of the lots sale Commission, or the Commission to the buyer, or applicable taxes according to the law in force is not included. If the bidder wishes to export any lot outside Spain, can obtain the refund of VAT, (being subject to the regulations at that time) providing evidence that the auctioneer may be required to prove such export.

XIV In this event the vendor and the auctioneer are exempt respectively of any liability for accidents or damage suffered by any person or persons who can access to installations in order to attend the auction, or to inspect, buy or withdraw any lot or for any other purpose.

XV The auctioneer or person representing you can bid during the auction, any batch on sale.

XVI The bidder will be responsible for the withdrawal of the acquired lots. The bidder may not require the delivery of lots outside the schedules and dates set out in the notice to buyers once was made payment of the total amount. The withdrawal period shall be binding without prejudice to relevant circumstances that may appear circumstances or natural disasters, any suspension or failure in essential services, serious disturbances or unrest, strikes or other similar actions, or any impediment to the normal delivery that is outside the control of the seller or the auctioneer. May not be required neither the seller nor the auctioneer to perform at his own expense spending to overcome impediments expressed unless the bidder meets the necessary funds for that purpose. The auctioneer is not required to undertake any legal procedure aimed at overcoming the obstacles referred to above for the delivery of the lots when in his view they can exacerbate the problem or pose harm to your reputation or prestige.

XVII The bidder admits having knowledge that any software or intellectual property rights that accompany a batch or batches may not be owned by the seller or can not be transferred by the seller and neither the seller nor the auctioneer in no way authorize the use by the bidder of such software or intellectual property rights and making any use of such software or the exploitation of such intellectual property rights will be sole responsibility of the bidder.

XVIII Bidders are expressly notified that, at the time of the sale, any of the items, elements, or accessories, machinery or equipment included in the lots can not be necessarily approved according to the rules in the EEC or may not be adapted to the regulations on occupational risk prevention applicable for use when they are in motion, exonerating expressly in these conditions the auctioneer of any liability in this respect.   Is recommended bidders to ensure, with regard to possible purchases of such facilities, machinery or equipment, under his sole responsibility, that the use that earmarked the acquired goods does not contravene with the abovementioned rules.

XIX All bidders are expressly warned that certain types of facilities or materials may contain chemical, toxic or dangerous substances which could, in the case of be not properly handled during his retreat from installations, infringe the regulations applicable in the use of such substances. When the waste removal is necessary, this must be carried out by authorized and approved companies. The bidder must comply with the legislation and regulations in force in relation to the withdrawal and/or elimination of waste, including hazardous waste and can that the bidder required documentation regarding the procedures for withdrawal and/or elimination of these residues, as set out in notification to buyers.

XX When the bidder do the work of loading and removed from any article, machine or equipment that is part of a batch or batches should be removed from where you are located, the auctioneer shall not be liable with respect to the bidder or other third parties for any damage caused by the withdrawal; bidder will be responsible for the damage or injury caused and compensate the auctioneer for any damage or loss which it may suffer or incur with respect to the loss, damage or injury suffered by their employees or third parties that were caused by the withdrawal of the plant, machinery or equipment. The bidder shall compensate the auctioneer for any loss or damage that affect the auctioneer which may be attributable, directly or indirectly, to the nature of the article, machine or equipment already purchased by the bidder will rupture, oxidation, desiccation, leakage of waste, inherent or latent defects or vices or natural deterioration.

XXI Data to the auction participants provide when completing the registration form are for the auctioneer. The registered personal data will be treated by the auctioneer in accordance with law 15/1999 of 13 of December of protection of data of a Personal nature. Personal data will be entered in a data file of personal property and sole custody of the auctioneer. The registered participant consents to the inclusion of their data in the above-mentioned file to be taken into account in the Organization and conduct of the auction. Such consent shall be revocable and is intended to allow the use of such information for informational purposes and organization of the event. In any case the registration information will be transferred to third parties. The requested data are adequate, relevant and not excessive in relation to the scope, aims and specific, explicit and legitimate services of the auctioneer as organized…. These rights can be intensified by means of communication to the auctioneer

XXII In the event that any dispute arises, either in Spanish or English of the conditions of sale and the notification version buyers, the Spanish version shall take precedence. These conditions are regulated and interpreted according to the laws of Spain and any dispute will be only resolved, waiving their own jurisdiction by the courts of Bilbao.