General terms & conditions.

I General

1. These conditions apply to all our offers and all purchase agreements concluded with us regarding cars or parts thereof and other accessories, as well as agreements for inspection, valuation, repair and maintenance of cars.

2. Only these general terms and conditions apply to all our offers and agreements, regardless of any (previous) reference by the buyer to his own or other general terms and conditions. We explicitly reject any general terms and conditions declared applicable by the buyer.

II Offers and Conclusion of Agreements

1. All our offers in terms of prices, models and versions are entirely without obligation, indicative and non-binding, unless the contrary has been expressly stated in writing.

2. An agreement is concluded when an order is accepted by us in writing or electronically. We are also entitled to settle for an oral agreement, if no written or electronic record has been made.

3. Additions to and/or changes to concluded agreements, including cancellations of concluded agreements, only apply if and insofar as they have been laid down in writing by both parties.

4. All agreements, including changes, are entered into under the suspensive condition of approval by our management. The agreement is deemed to have been entered into within two working days after the signing of the purchase agreement or order confirmation, unless management has indicated that it does not accept the order within that period.

III Prices

1. Unless expressly stated otherwise, our sales prices apply to delivery ex supplier's warehouse/premises.

2. Unless expressly stated otherwise, installation, service and transport costs as well as inspection and roadworthiness costs and any tax levies other than VPT/VAT are not included in our price.

3. Even after the purchase agreement has been concluded, changes in rights, taxes and excise duties can be passed onto the buyer.

4. In addition to the price changes referred to in paragraph 3 of this article, price increases may also be passed onto the buyer by the manufacturer and/or importer. If a price increase, as referred to in this paragraph, takes place within three months after the conclusion of the agreement, the buyer has the right to dissolve the agreement within one week after notification of the price change.

5. If the buyer makes use of his right to dissolve as referred to in paragraph 4 of this article, he must pay compensation for the costs incurred, which are set at 1% of the list price including VAT and VPT.

6. In the event of a possible price reduction, which is implemented after the vehicle registration document has been applied for, the buyer is not entitled to a refund of the VPT resulting from this price reduction.

7. A (general) price reduction, which is implemented after entering into the purchase agreement, but before the actual delivery, does not entitle the buyer to such a price reduction.

IV Disposal Charge

In addition to the agreed purchase price, the buyer of a new car must also pay a disposal charge. It is legally stipulated that a vehicle registration number is only issued after the disposal charge has been paid. At the time of the filing of these general terms and conditions, this disposal charge is EUR 45 including VAT.

V Changes

We are entitled to make technically necessary changes to the sold cars, their equipment and/or parts without prior knowledge of the buyer, without the buyer being able to derive any rights from this.

VI Periods

1. Specified delivery periods are indicative and can never be regarded as deadlines, unless the contrary has been expressly agreed in writing. In the event of late delivery, we must therefore first be declared to be in default in writing.

2. We will only be in default after 21 days have passed since the written notice of default has reached us, without prejudice to the provisions of Article XI.

VII Delivery and Transfer of Risk

1. Delivery is made after (written) notice at our discretion:

a. By making the sold item available to our address.

b. By delivery of the sold item to the address of the buyer in the Netherlands.

2. When the sold item is made available at our address for the benefit of the buyer, the buyer must collect the sold item within five days after the sold item is made available.

3. Upon delivery of the sold item by us to the address of the buyer, the buyer must immediately accept delivery.

4. If the buyer does not collect the sold item within the period referred to in paragraph 2 of this article or does not accept the sold item in accordance with paragraph 3 of this article, we are entitled to charge storage costs in accordance with the applicable company or local rate. The risk of damage and/or deterioration is to be borne by the buyer. Without prejudice to the provisions of Article XII, the risk is transferred to the buyer five days after the sold item is made available to the buyer or with immediate effect if the sold item is delivered by us to (the address of) the buyer.

VIII Payments

1. We are entitled at all times to demand advance payment (in any case) of the amount owed by the buyer up to an amount of 25% thereof. The invoice relating to the advance payment must be paid before delivery of the purchased item has taken place.

2. Unless otherwise agreed, payment, without offset, of the additional costs must also be made in cash before or with the purchase or delivery of the sold item. Cash payment also includes crediting the amount due to a bank or giro account specified by us at the time of delivery. All payment periods must be regarded as deadlines.

3. If the buyer has not collected the sold item within the period stated in Article VII paragraph 2, or accepted it in accordance with Article VII paragraph 3, he will be sent the invoice for the sold item, which must be paid immediately. The due date is the day on which this invoice is sent. If delivery is made to the address of the buyer, the due date will be the day of receipt of the invoice.

4. In the event that the buyer fails to fulfil one or more payment obligations, or fails to do so in time or in full, the buyer shall owe statutory interest from the due date on all late payments per month or part of a month, whereby part of a month counts as a full month.

5. The buyer shall also owe the extrajudicial and judicial collection costs. Extrajudicial collection costs are all costs incurred by us to collect the amounts owed by the buyer as per the agreement, such as invoices from lawyers and prosecutors, bailiffs, agents and collection agencies. The extrajudicial costs are set at, at least, 15% of the amount due, with a minimum of EUR 50.

IX Purchase

1. The provisions of this article only apply if we purchase a car in case of sale (so-called trade-in), when the buyer/supplier:

- Is a private individual who has not received input tax deduction.

- Is a (government) institution, not being an entrepreneur.

- Is an entrepreneur who has bought the car exclusively for exempt services.

- Is a small entrepreneur, who is released from administrative obligations under Article 25, paragraph 3

of the Turnover Tax Act 1968. - Is another (authorised) reseller who applies the margin scheme in the sense that only VAT on the margin is owed.

2. Each purchase is assessed by an appraiser to be appointed by us, who draws up a report of the condition of the car.

3. The buyer/supplier must guarantee the information he gives regarding the damage course of the car to be traded in to be correct.

4. However, we are not bound to this valuation for longer than 14 days after the day of the valuation, unless agreed otherwise in writing.

5. On the day of transfer of the car to be purchased, it must be in the same condition as at the time of valuation.

6. If the transfer of the car to be purchased takes place after the period referred to in paragraph 4 has expired and/or if the car to be purchased is no longer in the same condition as at the time of the valuation, we are entitled to have another valuation carried out. If the resulting valuation is lower, the supplier/buyer cannot derive any rights from this.

7. The car(s) to be purchased must be delivered upon delivery of the sold car(s).

8. If the buyer/supplier continues, when selling a new car against the purchase of a car, to drive the car to be purchased pending delivery of the new one, the car to be purchased will first become our property after the actual delivery to us has taken place. Until that date, the risk for the car to be purchased is to be borne by the buyer/supplier.

9. The car to be purchased must have a valid registration certificate (part I and part II) and a proof of transfer certificate upon actual delivery. If one or more of the above documents is missing, we reserve the right to charge the buyer/supplier for obtaining a new registration certificate and the related depreciation. In addition, the buyer/supplier must in that case deliver the car with a temporary registration certificate.

10. In the event of a purchase, the (private) buyer/supplier as referred to in paragraph 1, under the applicable VAT regulations on the trade-in of used movable property, must complete and sign a purchase declaration.

11. The trade-in/purchase agreement is entered into under the suspensive condition of written approval by our management. The provisions of Article II, paragraph 5, apply mutatis mutandis.

X Damage Assessment

If we have carried out a damage assessment, we will charge the buyer/customer the actual costs incurred, with a minimum of EUR 100 excluding VAT. These costs will not be charged if an order for repair is provided to us or if the delivery of a (different) car is agreed upon.

XI Force Majeure (non-attributable shortcoming)

We are not obliged to fulfil any obligation if we are prevented in doing so as a consequence of a circumstance not attributable to our fault (including non-delivery or late delivery to us by our suppliers), and which we cannot be held accountable for by law, a legal transaction or generally accepted practice. In case of permanent force majeure, we are entitled to dissolve the agreement with the buyer extrajudicially by means of a written statement. In case of temporary force majeure, we are entitled to extend the periods stated in the agreement with the buyer for the time during which the temporary force majeure applies.

XII Retention of Title

1. The ownership of all goods sold by us to the buyer remains with us as long as the buyer has not paid our claims under this or other agreements, as long as the buyer has not yet paid the claim under the work performed or yet to be performed under these or other agreements and as long as the buyer has not paid our claims due to the failure to fulfil such obligations by the buyer, including claims in respect of fines, interest and costs.

2. Before full payment of the purchase price, including any interest and costs, the buyer is not authorised to hand over the goods sold to third parties, to pledge them or to transfer them to third parties.

3. In the event that a third party has acquired, in good faith, ownership of the unpaid goods and this third party has not yet paid the purchase price owed, the buyer undertakes to reserve a non-possessory pledge for the time being, and to settle as much as possible the claim that the buyer has on this third party.

XIII Warranty and Liability

1. Cars delivered by us, as well as parts, are guaranteed in accordance with the (factory) warranty given in accordance with the warranty brochure issued by us or any other warranty certificate issued by us. If any provision in this warranty brochure or in the warranty certificate is not fulfilled by the buyer, the warranty will lapse. In any case, the warranty lapses if the buyer has handled the sold product in an improper manner or has made or had arranged a technical change in parts or additional equipment directly or indirectly related to that for which a claim is made on the warranty, or had these installed by unauthorised third parties.

2. If any part is replaced within the warranty period of the car, the original warranty period of the car will also continue to apply to this replaced part (‘no warranty on warranty’).

3. Without prejudice to the warranty provisions, the limitations imposed by the law as well as European laws and regulations, which have direct effect and are not implemented in the law, we explicitly exclude any further liability for all damage with regard to the goods delivered and (repair) work performed by us, on any grounds whatsoever, including all direct and indirect damage, such as consequential damage or trading loss, except for liability caused by intent or gross negligence of our employees and/or auxiliary persons.

4. If and insofar as we are subject to any liability, for whatever reason, this liability is at all times limited to the amount for which we are insured.

5. If we are alerted by the importer and/or the manufacturer of a defect in a car supplied by us or a new part that leads to a so-called recall, we will immediately inform the buyer in writing. If the buyer does not immediately respond after this written notification, all possible claims of the buyer in that respect may lapse. This means that we, nor the importer, nor the manufacturer are liable for any damage suffered or to be suffered by the buyer.

XIV Repairs

1. Our offers regarding prices of repair and repair duration are without obligation, indicative and non-binding.

2. We can exercise the right of retention on the car if the buyer/client fails to pay the costs of the work carried out on the car, or fails to pay in full, even if this concerns costs of previous work performed by us on the same car. We can also exercise the right of retention if the dispute has been brought before a judge.

3. If, after carrying out the work assigned to us and notifying the buyer/client thereof, the relevant car has not been collected within one week of notification, we are entitled to charge storage costs in accordance with the applicable company rate. Storage is at the expense and risk of the buyer/client, except in the event of damage that is the direct result of intent or gross negligence on our part.

4. Replaced materials or goods will only be made available to the buyer/client if he expressly wishes this and makes this known to us in advance. Otherwise, the materials become our property without the buyer/client being able to charge us any compensation in this regard.

5. The warranty on the repairs extends to 2 years after they are carried out, without prejudice to the restrictions imposed by the law, as well as by European laws and regulations, which have direct effect and which are not implemented in the law. Any claim under warranty lapses if unauthorised third parties have performed work that, without our prior knowledge and/or permission, can be associated with any installation, repair and/or maintenance work carried out by us for which the warranty claim is made.

XV Complaints and Limitation

1. Complaints should be submitted to us in writing by the buyer/client within 8 days after the issue has been discovered or could reasonably have been discovered, failing which the buyer/client is deemed to have unconditionally accepted the purchased item. In case of visible defects, the buyer/client must report the defects to us immediately upon delivery, failing which the buyer/client is deemed to have unconditionally accepted the purchased item. Contrary to the above, a buyer/client, being a natural person/consumer, must submit this to us in writing within two months of the date on which the issue was discovered.

2. Complaints will not be processed if it appears that the buyer/client or unauthorised third parties have changed or repaired something of the item(s) that is directly or indirectly related to the complaint, save in cases where this was done with our prior knowledge and in emergencies in which the buyer was unable to notify us in advance, but nonetheless immediately informed us of the emergency.

3. All claims against us that have not been submitted to us in writing within a year of their creation will lapse by limitation, with the proviso that a limitation period of two years from the delivery of the new car or new parts applies exclusively to natural persons/consumers.

XVI Dissolution

1. Without prejudice to our right to demand fulfilment, we are entitled, if the buyer wishes to cancel the agreement, to dissolve the purchase agreement, whereby we are entitled to charge the buyer 15% of the list price including VAT and VPT, excluding any trade-in, as compensation.

2. The buyer does not owe any cancellation costs if the buyer has legally dissolved the agreement in the event of a distance sale on the basis of Art. 7:46d of the Dutch Civil Code.

3. We can, in addition to the other rights accruing to us, suspend and/or dissolve the purchase agreement with the buyer at any time without further notice of default and legal intervention and without liability for damages to the buyer if the buyer fails to fulfil one or more of its obligations under the agreement, or fails to do so in time or properly, if the buyer is unable to meet its due debts or leaves its due debts unpaid, becomes insolvent, if the buyer has applied for bankruptcy, if a moratorium has been applied for, a request has been made on behalf of the buyer to apply a statutory debt rescheduling scheme, or a ruling is made with regard to the buyer in this respect or if the buyer discontinues his business and/or seizure is placed on the buyer that will not be lifted within 30 days of the seizure date.

4. If one of the situations described in paragraph 3 of this article occurs, the buyer is obliged to inform us immediately.

XII Register of Persons

1. The personal data stated on the purchase agreement or order confirmation and/or invoice, or obtained by us as a result of our services, are included in the register of persons that our company has of our customers. If you do not want your personal data to be used by us for other (commercial) purposes than those that are useful for the execution of the agreement, you must notify us thereof in writing. On the basis of this registration, we can provide you with an optimal service, provide you with up-to-date car information in a timely manner, fulfil our warranty obligations to you and take care of any recall actions by the importer. In connection with the latter as well as for commercial purposes, your personal data will also be made available to the importer, insofar as the buyer has not expressed any objection thereto. If you do not want your personal data to be used by the importer/dealer organisation for other (commercial) purposes than those that are useful for the execution of the agreement, you must notify the importer of this in writing. To do this, you may write a letter to Pon's Automobielhandel BV, PO Box 72, 3800 HD Amersfoort.

2. On behalf of RDC Datacentrum B.V. (RDC), we declare that this data is also included in the central database of the car industry in the Netherlands. Using this registration, the RDC can provide you with up-to-date car information, the call for periodic inspection and recalls from the importer. For reasons of efficiency, the transfer of the latter data is done via the registration of the Rijksdienst voor het Wegverkeer (Government Road Transport Agency). If you do not wish to be included in the registration, you can write to Stichting RDC, PO Box 74707, 1070 BS in Amsterdam.

XVIII Applicable Law and Disputes

1. All our agreements are governed exclusively by Dutch law.

2. Except for disputes with regard to the manufacturer's warranty, for which a separate regulation applies in the warranty conditions, all disputes that may arise as a result of an agreement, to which the present sales and delivery conditions apply, or further agreements which may derive from such agreements, will be tried by the District Court in Utrecht, if the dispute falls within the jurisdiction of a District Court, unless, for reasons of our own, we prefer to have the dispute brought before a competent court which according to the law has jurisdiction. If the dispute is settled by a court other than the competent court according to the law, the buyer, if he is a consumer, has the right, within one month after we have invoked this stipulation in writing, to settle the dispute before the competent court according to law.

XIX Filing Conditions

1. These general sales and delivery conditions have been filed with the Chamber of Commerce in Arnhem.

2. Any changes and/or additions will be filed with the same Chamber.