GENERAL CONDITIONS OF SALE

Authorisation N°2002-294

Company capital: 1 million Euro - Security: 5.3 million Euro

J.M. BREMENS - C. BELLEVILLE - D. PONCET – B ROQUIGNY

(ClassicAuctioneers authorised to conduct the sale)

BCAuto Enchères, a second-hand vehicle Auction House with branchs in Paris (Bonneuil) and Lyon (Bron), offers all the following:

- physical auctions on its 2 branchs simultaneously broadcasted on Internet via Live Online

- Internet sales :

o Fixed prices sales : 24h/24h and 7 days / 7 days

o Auction sale

The vehicle is opened to bidding and whoever is the highest bidder, either by raising a hand at the physical auction or clicking on the highest bid in the electronic auction, at the end of the bidding period becomes the purchaser, in other words, the owner of the vehicle.

I. GENERAL CONDITIONS OF SALE

A. THE GENERAL PRINCIPLES OF A SECOND-HAND VEHICLE AUCTION

1) Registration

Anyone wishing to take part in the auctions must first register under the following conditions.

a) Professional:

- Certificate of Incorporation or Articles of Association certified by a lawyer

- Photocopy of the legal representative’s identity card or passport

- Valid intra-community VAT number

- Power of attorney given to the bidder, signed by the legal representative

b) Individual:

- Photocopy of the identity card or passport

- Power of attorney given to the bidder, signed by the legal representative

- €450 deposit, in cash or by charge card imprint

2) Auction fee (physical auction + Live Online)

The following fees apply to physical auction plus Live Online.

Sale under €20,000 including tax

Sale over €20,000 including tax

Purchase expenses (as a % of the sale price)

Minimum

Maximum

Purchase expenses (as a % of the sale price)

12% ex-tax

(14.35% including tax)

€430 ex-tax

(€515 including tax)

€1,200 ex-tax

(€1435 including tax)

6% ex-tax

(7.18% including tax)

3) Auctioning, payment and delivery of vehicles

After the auction has concluded, the buyer will receive an e-mail from BCAuto Enchères informing that s/he is the purchaser of the vehicle(s) in question.

The purchaser must then go to one of BCAuto Enchères’s 2 centres (see addresses on the site), within 3 working days after the auction to settle the bill for the purchase amount plus auction expenses.

This can also be paid via bank transfer or bank draft.

Cash payment cannot exceed €1,000 for a company and €3,000 for an individual buyer according to current regulations.

Once the payment has been made, the original administrative documents (registration certificate, etc.) will be sent with the vehicle. Failing to do so may entail a 15-day delay in receiving them. They will then be sent to the indicated address.

Should payment not be made within the allotted timeframe, BCAuto Enchères will then be forced to cancel the sale, and the purchaser is liable to have his/her account closed immediately, as well as losing the deposit.

The maximum timeframe for collecting the vehicle is 5 days after the auction date. After this time, parking charges will be incurred at €10 for every additional day.

The vehicle may only be collected once the sale has been paid in full.

The purchaser is responsible for insurance from the auction onwards.

4) Right of withdrawal

Sales at public auctions of goods are excluded from the right of withdrawal field.

As a consequence, every bid made and every purchase is definitive.

Should the purchaser cancel the sale, s/he will be liable to the immediate closure of his/her account, as well as the loss of the deposit.

5) Services on offer:

· Have your vehicle transported:

We can help you benefit from rates we have negotiated with many transport companies. You can e-mail our Head of Logistics to receive an indicative rate and timeframe, at the following address: logistique@bcae-france.com.

· Guarantee:

You can take out a policy by enquiring at the reception desk in any of our auction centres or by checking our partner’s website: www.enchereassure.fr

· Insurance:

You must have your vehicle insured before leaving our centres: you can take out an insurance policy by enquiring at the reception desk in any of our auction centres or by checking our partner’s website: www.enchereassure.fr

6) Responsibility:

Only those acting in a full legal capacity are authorised to register.

The public auctions are reserved for people over 18 years of age. Identity will be checked at the time of payment and when the vehicle is delivered to the purchaser.

The responsibility of BCAuto Enchères is limited to implementing the means required to ensure the auctions run smoothly.

BCAuto Enchères is free from any liability in relation to buyers or sellers.

The photographs and description of vehicles shown on the site and even during the auction process are considered as advertising in response to the legal requirements of public sale.

Validating the general conditions of sale entails the acceptance of same as well as the acceptance of auction expenses.

Every bidder has the right to access and modify his/her personal information which appears on the site. People’s computerised files are registered with the CNIL [French Data Protection Authority] in compliance with current legislation.

7) Possible VAT exemption on exports

Only vehicles subject to VAT-back are indicated as such in the sales schedule and are dealt with in the paragraph below.

This VAT exemption is applied to the vehicle amount, and the auction and transport expenses.

Current VAT rate in the automobile sector = 19.6%

a) For all intra-Community countries

(Germany, Austria, Belgium, Bulgaria, Denmark, Spain, Finland, Greece, Ireland, Italy, Luxemburg, the Netherlands, Portugal, the United Kingdom, Sweden, Cyprus, Estonia, Hungary, Lithuania, Latvia, Malta, Poland, Romania, Slovenia, Slovakia, the Czech Republic)

Professional:

To get VAT back, please provide us with the following :

documentary proof of the company's valid intra-community VAT number
a waybill (CMR) issued by a transport company and stamped by them as well as by the customer

Individuals:

Payment including tax

b) For all countries outside the European Union

Professional:

To pay:

If you use our freight partner’s services:

o Bill excluding VAT and the auction expenses

If you use another freight company:

o bill including tax: to get VAT back, the vehicle must leave French territory in the month following the sale, we must receive the EX1 a MAXIMUM of 2 MONTHS from the date the vehicle was sold. On receipt of these documents we will reimburse the VAT by bank transfer.

Individuals:

Payment including tax

8) Allocation of Jurisdiction

These conditions must be interpreted according to French law. For any litigation, jurisdiction is allocated to the competent courts of the city where BCAUTO ENCHÈRES has its head office.

The Commercial court of Créteil alone will be competent for any disputes.

B. GENERAL CONDITIONS OF SALE: LIVE ONLINE AND INTERNET SALES

1) Registration conditions

Any internet user wishing to take part in the auction must register on the website www.bca-europa.fr by giving his/her postal address, a valid e-mail address and bank details.

The deposit, by charge card imprint, is in the amount of €450 including tax for individuals.

The internet user’s e-mail address and bank details are verified through a secure banking site and are collected on a strictly confidential basis.

In order to validate his/her registration, the internet user must first accept these General Conditions of Sale.

If the registration is accepted, BCAuto Enchères will send a personal and confidential code to the internet user by mail within the next 48 hours. This confidential code enables him/her to make bids. Disclosure of this code to a third party is the internet user’s sole responsibility.

In any case, the charge card will not be debited without consultation.

Should the purchaser cancel the sale, s/he will be liable to the immediate closure of his/her account, as well as the loss of the deposit.

2) Sale process

BCAUTO ENCHÈRES only auctions second-hand vehicles on the website www.bca-europa.fr.

BCAUTO ENCHÈRES reserves the right to remove any vehicle involved in a claim or a dispute from auction after bidding has begun.

The descriptions and representations which appear on the website are the property of BCAUTO ENCHÈRES and cannot be reproduced for commercial purposes without the express authorisation of the owner or right holder.

Only the registered internet user may make bids. The purchase time is the time in Paris and this will appear on the vehicle’s certificate

BCAUTO ENCHÈRES reserves the right to refuse any bid they deem doubtful irrespective of the reason.

The seller is not allowed to bid on a lot belonging to him/her.

The bidder, even acting as an intermediary, acts on his/her own behalf and under his/her own responsibility.

We call users’ attention to the fact that the on-screen display of bids may be delayed in relation to universal time, depending on the internet user’s computer configuration.

The transfer of property is carried out as of right at the moment of purchase and the item is the purchaser’s responsibility from that moment on. Unlike traditional e-commerce sites, it is the auction and not payment which formalises the purchase.

3) Auction fee – Internet Sale (Live Online excepted)

The auction fee apply to the Internet sales (Live Online excepted) are 2.2% ex-tax (2.63% including tax) of the amount of the hammer price with a minimum of 185€ ex-tax (221.3€ including tax).

Management fee of 25 € ex-tax (30 € including tax) per vehicle apply for export buyers.
SPECIAL CONDITIONS OF SALE: GOLD & SILVER CATEGORIES

Depending on the volume of purchases, BCAuto Enchères grants you special conditions in relation to:

1) Auction expenses

2) Deadlines for payment and collection of vehicles

Conditions of access to these categories are as follows :

Gold: over €30,000 including taxes in purchases over the last 3 months

Silver : between €15,000 and €30,000 including taxes in purchases over the last 3 months

1) Auction fee (physical auction + Live Online)

		Purchase including taxes under €20,000			Purchase including taxes over €20,000
Categories	Purchases over the last 3 months	Purchase expenses (as a % of the sale price)	Minimum	Maximum	Purchase expenses (as a % of the sale price)
Gold	> €30,000 including taxes	6% ex-tax (7.18% including tax)	€390 ex-tax (€467 including tax)	€600 ex-tax (€718 including tax)	3% ex-tax (3.59% including tax)
Silver	Between €15,000 and €30,000 including taxes	9% ex-tax (10.76% including tax)	€390 ex-tax (€467 including tax)	€900 ex-tax (€1077 including tax)	4.5% ex-tax (5.38% including tax)
Classic	No minimum volume	12% ex-tax (14.35% including tax)	€430 ex-tax (€515 including tax)	€1,200 ex-tax (€1435 including tax)	6% ex-tax (7.18% including tax)

2) Payment deadlines, cancellation and parking charges

	“J” represents the number of days after the sale, excluding weekends
Categories	Maximum deadlines for payment	Cancellation of the sale	Parking charges
Clients export Gold & Silver	J+6	J+11	J+11
Clients France Gold & Silver	J+5	J+11	J+11
Classic	J+3	J+5	J+5

Document to return by fax to Bonneuil-Paris +33 143 996 364 or to Bron-Lyon +33 472 370 943