BOVAG General Conditions (business)

GENERAL TERMS AND CONDITIONS BUSINESS MARKET BOVAG CAR COMPANIES BUY/REPAIR & MAINTENANCE

GENERAL
These General Terms and Conditions apply with effect from 1 October 2017. They apply to
agreements on the purchase and repair and maintenance of cars, parts or
accessories between members of BOVAG Autobedrijven and buyers/clients who act
for purposes that fall within their business or professional activity.

Article 1 - Definitions
In these General Terms and Conditions the following terms shall have the following meanings:

• the car: a passenger car or van with a total weight including load capacity of up to 3,500 kg;
• the car to be bought in: the car sold by the consumer to the seller as part of the contract
  , also called trade-in car;
• The agreement: the contract of purchase and sale of a new or used car, parts or accessories;
• the seller: the person who sells a new or used car, parts or accessories to a buyer;
• the purchaser: the person who purchases a new or used car, spare parts or accessories for
  purposes within his business or professional activity;
• The order: the agreement concluded with the client for the performance of work
  such as assembly, disassembly, repair or maintenance work and voluntary or statutory inspections and damage assessments;
• the customer: the person who, for purposes within his business or profession
  , instructs the repairer to carry out or arrange for the carrying out of
  work;
• the repairer: the person who carries out or commissions an order relating to a car, its parts or accessories;
• In writing: in writing or electronically.

Article 2 - General

1. Deviations shall only be valid if they are recorded in writing by both parties,
   . Deviations also include additions or extensions to these
   general terms and conditions and the cancellation of a concluded (purchase) agreement.
2. The seller/repairer is entitled to change these general terms and conditions.
3. Only these general conditions apply to all the offers and
   agreements of the seller/repairer, regardless of any (earlier) reference by
   buyer/customer to its own or other general conditions. We explicitly reject
   any general
   conditions declared applicable by the buyer/customer.
4. If one or more provisions of these general terms and conditions are invalid or are annulled
   , the remaining provisions shall continue to apply.

Article 3 - Formation of the agreement/assignment

1. All offers made by the seller/repairer, including offers on prices, repair times,
   models and versions, are non-binding. It does not matter who makes them, or how
   or where they are made. Each offer is made on the basis of the prices and
   specifications valid at that time. Descriptions (such as images and drawings)
   are as accurate as possible, but they are not binding on the seller/repairer. Small
   deviations are allowed. In the event of an interim model change, the seller may, without the
   buyer's knowledge, make the technically necessary changes to the
   cars sold by him, to their equipment and/or their parts or accessories.
2. 
   If a subordinate of the seller/repairer is not authorised, verbal commitments made by him or her shall only be binding after they have been confirmed in writing
   by the seller/repairer.
3. Agreements/orders are concluded at the time that an order is accepted in writing by the seller/
   repairer, or otherwise when the seller/repairer has started the
   execution of the agreement/order.
4. If the seller/repairer has not laid down the contract or order in writing,
   , the written confirmation thereof, the delivery note or the invoice shall serve as proof.
   The buyer/customer can provide evidence to the contrary of the existence or the content of the
   agreement or order.
5. All agreements/orders and amendments thereto are entered into under the
   suspensive condition of approval by the management. If the management of
   does not inform the seller/repairer within two working days after the confirmation of the (amended)
   agreement/order that the (amendment of the) order will not be accepted, then
   this order shall be deemed to have been concluded.

Article 4 - Prices

1. All prices are exclusive of sales tax (and other government levies) and
   exclusive of the costs of transport, insurance, assembly work,
   service work and inspection work and other roadworthiness costs. Something else may have been agreed in writing.
2. After the agreement or order has been made, something may change which causes the
   seller/repairer to increase the price. These are circumstances such as a
   changed government levy (for example taxes, import duties or excise duties),
   or currency exchange rate changes. It may also be a question of increased factory prices/
   importer prices, or increased costs due to labour wages, social security charges or other
   working conditions.
3. Workshop hourly rates are not included in the indicated price of parts,
   accessories or materials. Nor are these rates included in the indicated costs
   of third parties. Something else may have been agreed in writing.
4. A change in price is no ground for dissolution of the agreement or assignment.
5. The prices quoted are based on delivery to the place of business of the seller/
   repairer. If the purchaser/client requests delivery elsewhere,
   , the additional costs will be at his expense.

Article 5 - Delivery of the purchased item or the repaired item

1. The purchased car, part or accessory or the repaired car, part or
   accessory shall be delivered to the place of business of the seller/repairer. Something else may have been agreed in writing at
   .
2. If it is agreed that an item is to be dispatched, the dispatch shall take place at the expense
   and risk of the purchaser/client.
3. The purchaser must collect the purchased car, part or accessory within eight days after
   he has received the notice that it can be collected.
4. The Customer must collect the repaired car, part or accessory within three days
   after receiving notice that it can be collected.
5. If the period referred to in paragraphs 3 and 4 has expired without the item having been collected, this item
   will be at the expense and risk of the buyer/customer from that moment onwards. The
   seller/repairer may also charge a fee for storage costs.
   These storage costs are the costs that are normally charged by the seller/repairer in
   .
   If there are no fixed storage costs, the seller/repairer will charge a reasonable fee. Other costs incurred, such as
   transport costs, may also be charged.
6. If the (purchase) agreement does not explicitly state otherwise, the risk of the
   purchased car, part or accessory shall pass to the Buyer when the
   purchased leaves the Seller's company.
7. If the seller/repairer takes a car, part or accessory under his management,
   because it has been offered for repair, for example, this car, part
   or accessory shall remain at the expense and risk of the buyer/customer.
   This shall not apply in the event that
   this car, part or accessory is damaged or lost in the event of intent or gross negligence on the part of the seller/repairer.

Article 6 - Delivery time agreement, order

1. The date of delivery is indicated in the contract or order. Early delivery
   by the seller/repairer is always permitted. The parties can agree that delivery will be made later.
2. If no delivery date is agreed, the seller/repairer shall notify the buyer/
   customer in writing, well in advance, when the car, part or
   accessory will be ready for collection at the seller/repairer's location for the buyer/ customer
   . If a different location is agreed upon, the seller/repairer shall notify
   when delivery will take place at the agreed location.
3. Delivery times are always assumed. Late delivery by the seller/repairer is
   no reason for the buyer/customer to dissolve the contract or order.
   An exception applies to the situation where a delivery date was specifically agreed in the contract or in the order
   , whereas this date is exceeded by more than 60%
   . After this overrun, the seller/repairer must first be given written notice of default by the buyer/customer at
   .
   If 30
   days have passed since the written notice of default reached the seller/repairer, the seller/repairer shall be in default and dissolution shall be considered.

Article 7 - Cancellation (purchase) agreement

1. If the delivery time is exceeded, the buyer may cancel the contract, even if the
   seller is not in default.
2. The cancellation of the purchased car, part or accessory must be done in writing.
3. The buyer has to pay damages for the cancellation if the delivery time is exceeded by a
   period of up to four weeks. These damages are fixed at 10%
   of the total purchase price of the car, part or accessory. This is unless something else was agreed upon at the conclusion of the
   agreement.
4. The damages must be paid within five working days after the cancellation. If the buyer has not paid after
   five working days, the seller may notify the buyer in writing that the buyer must still comply with
   . The buyer can then no longer invoke the cancellation.
5. If the delivery period is exceeded by more than four weeks, the buyer may cancel
   in writing without being obliged to pay compensation for damages to the seller
   .

Article 8 - Parts replaced by the repairer

1. The replaced parts become the property of the
   repairer after the order has been fulfilled, without the customer receiving any compensation for this.

Article 9 - Damage assessment

1. If the repairer has carried out a damage assessment on the customer's instructions, the customer will be charged the actual costs incurred by
   .
   The appraisal costs shall be agreed in writing by the parties. Failing this,
   will be liable for the appraisal costs to be determined in all reasonableness.

Article 10 - Payment

1. Payment must be made in cash or by crediting the bank account of
   seller/repairer. The agreed price must be paid in full, i.e.
   including additional costs, and the buyer/customer may not offset
   or postpone payment.
2. Payment should be made at the time of delivery of the car, part or
   accessory, or upon completion of the work.
3. It can be agreed in writing that payment is not due immediately.
4. In the case of orders and also when buying a used car, part or accessory on
   account, payment must be made no later than fourteen days after the invoice date, without discounting the
   amount and without appealing to set-off or suspension, unless otherwise agreed
   .
5. When purchasing a new car, part or accessory on account, payment must be received
   immediately after the invoice date without any discount, set-off or deferral, unless
   has agreed otherwise.
6. The seller is entitled to demand advance payment, deposit or
   any other form of security in a purchase agreement. The repairer may ask for an advance payment from the customer for repairs costing more than
   € 500. The buyer/customer must satisfy
   of this advance payment on demand. The invoice relating to the
   advance payment must be paid before the purchased/repaired item is delivered.
7. If the buyer/customer has not paid the agreed price, or has not paid it in full, or has not paid it on time
   , the seller/repairer does not have to declare him to be in default. Seller/repairer
   may charge statutory interest per day from the day on which payment should have been made, and
   this may be increased by the amount of 3% of the unpaid amount. In addition
   , the seller/repairer shall have other rights.
8. If the seller/repairer has to call in a third party to collect its claim from the buyer/
   customer, the judicial and extrajudicial
   costs shall be at the expense of the buyer/ customer. The extrajudicial costs
   are set at 15% of the unpaid amount, with a minimum of € 114.
   If the actual costs incurred in relation to proceedings are higher than a
   possible order for legal costs, the buyer/customer must pay the actual costs
   . In addition, the seller/repairer can claim damages.
9. Objections to invoices sent to the buyer/customer must be notified to the seller/
   repairer by registered mail within five
   working days of the due date. If no objections are made to an
   invoice within this period, the buyer/customer will be deemed to have agreed to the invoice sent.

Article 11 - Retention of title, right of retention and right of pledge in the case of a purchase agreement/right of retention
of repairer

1. The cars, parts or accessories delivered to the buyer remain the property of the
   seller until the buyer has paid everything he was due as a purchase price under these (purchase) agreements
   . If the buyer/customer also gives an assignment to carry out work on the purchased goods under these (purchase)
   agreements,
   , the retention of title also applies until this work has been paid in full to the seller/repairer.
2. The retention of title also applies to claims that the seller/repairer has (or will have) against the
   buyer/customer because the buyer/customer has not fulfilled its
   contractual obligations towards the seller/repairer, such as payment
   of fines, interest and costs.
3. As long as the ownership of the delivered goods has not been transferred to the purchaser, he may not pledge or transfer the ownership of these goods to
   , nor may he grant a third party any other right to the purchased goods at
   . The Buyer shall notify the Seller of any event which
   harms, or may harm, the Seller in its interest as owner of the goods.
4. Until the purchaser has obtained ownership of a car, he is liable as the holder and driver of
   the car. He has to pay the maintenance costs. The buyer has to bear the risk of
   damage or loss of the car. The Buyer must insure the car 'WA + casco'
   and keep it insured.
   The Purchaser grants the Seller an irrevocable power of attorney
   to receive on behalf of the Purchaser the payments to be made by the Purchaser to the Seller (by means of a deed of assignment to be agreed upon) on the basis of the insured hull risk.
   The Buyer may only use the item for the purposes of its normal
   business operations.
5. The seller does not indemnify the buyer against any liability, because
   he is the owner and driver of the car.
6. The buyer does indemnify the seller for claims that third parties may assert against the seller
   due to the retention of title to an item.
7. 
   If the Buyer fails to fulfil its obligations, or if the Seller has good reason to assume that it will do so, the Seller may take back the item delivered under
   retention of title. The purchaser will then be credited
   for the market value of this item. The credit shall never exceed the
   original purchase price of the car, part or accessory. The costs
   of taking back the item are deducted from the amount to be credited. If there is a claim due to
   failure to fulfil a contractual obligation, this
   will also be deducted from the amount to be credited.
8. The seller/repairer can exercise the right of retention on all goods that the seller/repairer
   has in its possession for or on behalf of the buyer/customer. The right of retention shall be exercised
   if the purchased or repaired goods delivered by the seller/repairer have not been
   (fully) paid for and this constitutes breach of contract. Non-performance is the attributable
   failure to fulfil a contractual obligation. The right of retention can also be exercised
   due to work previously carried out by the repairer on the same item. In addition to
   non-payment (in full) of the purchase price of an item or a service, failure to pay
   for the damage, interest and costs that the buyer/customer owes (or will owe) to the seller/repairer
   on the basis of a (purchase) agreement, order or these
   general terms and conditions is also a reason to exercise a right of retention.
9. By bringing goods into his control (or having them brought into his control), the buyer/customer establishes a possessory lien on
   these goods for everything he will have to pay to the seller/repairer,
   for whatever reason. In any case, this concerns claims that
   exist until the moment that a contract or order has been fully settled
   . The seller/repairer may, as pledgee, convert a fist pledge into a
   non-possessory pledge. This is agreed in these general terms and conditions. The
   agreement will in that case -together with a copy of these general
   conditions- be registered as a private deed.
10. 
    In the event that a third party in good faith has acquired ownership of the goods not yet paid for
    and that this third party has not yet paid the purchase price owed, the purchaser undertakes, now for then, to reserve and establish a non-possessory pledge on our first
    request on the claim that the purchaser has on this third party.

Article 12 - Dissolution of agreement/assignment

1. The buyer/customer must fulfil its obligations under the contract or order.
   If he fails to do so, the seller/repairer shall give him written opportunity to
   to fulfil his obligations within fourteen days of receiving this notice of default
   .
   If the term of this notice of default has passed, the contract or
   order is automatically dissolved, without the need to go to court. There is one exception. The seller/repairer can opt - after the expiry of this
   deadline - to demand in writing that the buyer/customer still fulfils
   . What is stated in Article 10.7 also remains valid (despite Article 12.1)
   . Therefore, for example, no proof of default is needed if the buyer/customer has not paid the
   agreed price, not paid it in full, or not paid it on time.
2. If the contract or order is dissolved, the seller/repairer can - without sending
   a new notice of default to the buyer/customer and also without the need for
   court intervention - demand that the buyer/customer immediately pays a
   fine. The amount of this fine is 15% of the agreed amount. It is also possible to claim
   that damages and the costs of recovering a claim from the
   buying party/client (including the costs mentioned in Article 10, paragraph 8) will be paid
   .
3. If the seller/repairer demands performance of the contract or of the order (see paragraph
   1), a penalty may be demanded per day. The starting point is when the period
   of fourteen days has passed. Per day that passes, a fine
   can be demanded immediately. The amount of this is three per mille (thousandths) of the amount of money agreed for the item or
   service. The seller/repairer can also demand that the buyer/
   customer pays compensation and recovery costs (including those from Article 10.8).
4. If the buyer/customer dies, or requests a suspension of payments or
   bankruptcy is pronounced, or if the buyer/customer
   discontinues its business and/or if the assets of the buyer/customer are seized
   which will not be lifted within 30 days after the date of seizure, or if the buyer/customer
   otherwise loses the authority to dispose of its assets or a
   part thereof, the following applies, which is separate from the rest of this article 12.
   The seller/repairer can dissolve or suspend the contract or order in full or in part with immediate effect
   . This can be done without notice of default, without a court of law and without
   that the seller/repairer will lose its other rights.
   In these cases, any
   claim of the seller/repairer on the buyer/customer can also be claimed immediately and in full. This without the seller/repairer having to pay any compensation and
   without him having to continue to honour any guarantee.
5. 
   If the buyer/customer is aware of a fact or circumstance that should reasonably lead him to fear
   that he will not be able to meet his contractual obligations, he must tell the seller/repairer this immediately.

Article 13 - Force majeure

1. If the execution of a contract or an order becomesdifficult or impossiblefor the seller/repairer
   due to force majeure, he may dissolve this contract or order
   (insofar as it has not yet been executed) in writing. Seller/client
   describes the circumstances that prevent the execution of this agreement or
   make it impossible.
2. Force majeure within the meaning of these terms and conditions shall mean, for example:
   • war or similar situation, riot, sabotage;
   • fire, lightning strike, explosion, release of dangerous substances or gases;
   • energy supply failure, factory or operational breakdown of any kind;
   • boycott, sit-down strike, blockade, insofar as carried out by others than employees employed by
     seller/repairer;
   • transport restrictions, frostbite, import and export bans;
   • non-attributable failure(s) of third parties engaged by the Seller/repairer
     ;
   • Obstacles caused by government measures;
   • epidemics;
   • theft, embezzlement or damage of items from the seller/repairer's warehouse, workshop or other
     premises, or during transport;
   • and also any (other) circumstance that hinders the normal course of business of the
     seller/repairer, or as a result of which the fulfilment of the
     agreement cannot reasonably be expected of the seller/repairer.
3. The provisions in this paragraph shall also apply if such circumstances affect his suppliers or
   other third parties engaged by the Seller/repairer.
4. If a situation of force majeure arises on the part of the seller/repairer, he will notify
   the buyer/customer as soon as possible. Via a written
   notice stating whether delivery is still possible and, if so, within which term.
5. If, due to force majeure, delivery of the item or service takes longer than the
   agreed delivery period plus three months, the contract or order may be dissolved
   in writing. That this is the case will become clear after the buyer/
   customer has received a notification as referred to in paragraph 3. Then a period of one week starts
   , within which one party could notify the other party in writing
   that there is dissolved. No damages need be paid
   . That which is stated in article 6 clause 3 of these conditions shall continue to apply, also if clause 4
   is at issue.

Article 14 - Liability

1. Buyer/customer can only claim compensation for those damages, which
   are the foreseeable and direct consequence of an attributable shortcoming of the
   seller/repairer in the performance of his/her obligations under the contract or the
   order. (An attributable failure is also referred to as a breach of contract).
   Consequential or indirect damage suffered by the buyer/customer will not be compensated
   . Examples include: trading loss, loss due to delay
   (other than statutory interest), loss due to depreciation, that there was no enjoyment
   of an item or that there was no profit. That there has been a loss. That costs have been incurred for
   replacement transport or rental and lease costs. That goods belonging to third parties or
   that third parties themselves have suffered damage. That there is cargo damage, personal or
   immaterial damage.
2. This paragraph 2 is intended to provide a damage ceiling. If the seller/repairer has to compensate damage on account of paragraph 1
   , the rule is that there will never be an amount eligible for
   compensation that exceeds the maximum insured amount,
   or the amount that can reasonably be insured.
3. Article 15 contains warranty conditions and that is the basis for calling the seller/repairer to account
   . After and in addition to these warranty conditions, the buyer/customer does not have
   the rights that the law gives to buyers (and customers) who act for purposes
   that fall outside their business or professional activity. An example of a solid right that
   the buyer/customer does not have, is the right from Book 7 of the Dutch Civil Code that an item satisfies the purchase agreement upon
   delivery.
4. Any other claim for compensation, on whatever basis, is excluded.
5. The buyer/customer indemnifies the seller/repairer against all third-party claims,
   unless the seller/repairer is liable under this clause.

Article 15 - Warranty and recall

1. Only the manufacturer's warranty issued by
   , the manufacturer or importer of new cars, as contained in its
   warranty forms, applies to purchased new cars and new parts or accessories. Sometimes the buyer is not the guarantor of a third party/guarantor,
   but the seller/repairer is. This is the case when the seller/repairer has bought a good from a
   third party (read: manufacturer/importer). In that case, the guarantee provided to the seller/repairer by
   will be leading. This
   factory guarantee contains certain exclusions. The seller/repairer never has to do anything extra towards the buyer
   that would come on top of the guarantee of this third party. If a
   car part is replaced within the factory warranty period, this will not change
   the original warranty period and the original warranty period will continue
   .
2. Something similar applies to work that the repairer has subcontracted to a third party
   . In that case, too, the client is not the guarantor.
   The seller/repairer does not have to do anything extra in that case either, that would come on top of the guarantee of
   this third party. The guarantee on the work provided by the third party will therefore be leading.
3. Warranty on items purchased by the customer/buyer which were previously used by third parties
   (e.g. second-hand items, demonstration and show models, exchange parts and spare parts etc.) is excluded.
   Something else may be agreed in writing.
4. The seller/repairer may - if he honours a warranty claim - replace the purchased item,
   supplement or repair. The choice is his and he does not have to do anything else.
   If parts are replaced during the warranty work, they will be replaced with
   property of the seller/repairer. In these cases, no guarantee work has to be
   done:
   • for an expected product characteristic;
   • in case of problems due to an external cause (e.g. the case fell
     or something fell on it etc.);
   • in case of problems that are the result of something that the buyer/customer (or a third party) did not do, or
     did do.
   • Normal wear and tear is also not covered by the guarantee.
5. Warranty on work:
   5.1 The vendor/repairer guarantees the work carried out by him for a period of
   period of three months up to a maximum of 25,000 km, starting from the moment of
   that he has finished the work.
   5.2 The warranty means that the seller/repairer will repair the goods found within this period.
   The purchaser shall remedy the defects at his own expense, if the purchaser/client is unable to remedy the defects.
   are reported immediately.
   5.3 Exclusions from guarantee of work:
   • No guarantee is given on emergency repairs;
   • the guarantee lapses in the event of improper use;
   • The warranty shall also lapse if the buyer/customer or third parties - without the prior
     approval of the seller/repairer - have carried out work that
     is directly or indirectly related to the
     repair work carried out by the seller/repairer, in respect of which the warranty is invoked;
   • The following are also excluded from this guarantee: a colour difference in the paintwork of the car, part or accessory which is not visible to the naked eye
     in daylight,
     damage to the paintwork due to an external cause (for example
     hail damage) or defects in the paintwork of parts which have not been applied or processed by the repairer
     . Work guarantees also do not apply to
     normal wear and tear, or damage caused by freezing.
   • 
     
     If the buyer/customer itself takes along materials, parts or accessories to be used by the seller/repairer during the
     maintenance or repair, or demands that the seller/repairer use certain materials/parts/accessories, or demands that
     buyer/customer use certain methods that the seller/repairer would otherwise not have used during the maintenance or repair, the
     consequences of defects or unsuitability of these types of parts, materials,
     accessories, or of these types of working methods shall be at the expense and risk of the buyer/
     customer. This is the case unless the repairer has failed in his expertise or failed to exercise due care
     when carrying out or commissioning the work.
6. Recalls. If the Seller becomes aware of a recall action by the manufacturer due to a
   defect in a delivered new vehicle/new part, the Seller shall immediately write to the Buyer at
   . If the Buyer does not immediately contact the Seller after this written notification
   , all possible claims of the Buyer in this regard may lapse
   . This means that neither the seller nor the manufacturer shall be liable
   for any damage suffered and to be suffered by the buyer as a result, including
   explicitly, but not exclusively, any consequential damage.

Article 16 - Advertising

1. The purchaser/client must lodge a complaint in good time. This must be done at the latest within
   eight days after the ground for complaint was discovered or reasonably could have been discovered
   . This period starts when the purchased or repaired item is delivered
   . If purchaser/client is late, all claims will lapse.
2. In the case of externally visible defects in the
   goods delivered by the seller/repairer (e.g. scratches, dents, etc.), complaints can only be made during the actual delivery
   . The buyer/customer may provide proof to the contrary.
3. Returned goods will not be accepted, unless the seller/repairer has agreed to the return in writing in advance
   . The goods must be sent to
   postage paid and in proper packaging.
4. In the event of a timely complaint, the buyer must give the seller the opportunity to check the complaint
   . If the seller considers the complaint to be justified, he will be given the necessary time
   to replace the purchased item or take the required measures
   . When replacing the purchased item, account will be taken of the benefit
   that the buyer has had from the purchased item in the meantime, and the buyer will be charged a fair compensation
   for this.
5. Complaints do not entitle purchaser/client to suspend its
   payment obligations or to offset.
6. 
   Complaints submitted in time will not be dealt with if it emerges that
   buyer/customer itself, or if it emerges that third parties have altered or repaired something on the purchased/repaired
   item, except in the event that the seller/repairer has given explicit prior written permission for this.

Article 17 - Trade-in car

1. The trade-in car was sold to the Seller by the Buyer as part of the contract.
   If the Buyer continues to use the trade-in car and the trade-in car breaks down or is lost
   before it is delivered to the Seller, this shall be at the expense and risk of the
   Buyer. Until the time of delivery to the seller, the buyer remains the owner of the
   item to be traded in and is liable for all costs, including the cost of maintenance, damage, loss
   and depreciation. The Seller shall not be bound by a trade-in price agreed on at
   if the actual delivery of the item to be traded in falls on a later
   date than the approximate delivery date indicated. In that case a percentage agreed in advance between the parties
   can be used as a depreciation of the purchase price.
2. Unless something else has been agreed in writing, the buyer guarantees to the seller that the goods to be delivered are
   exchange case:
   • is free from rights and claims of third parties;
   • that she is damage-free;
   • that it is in a sound and roadworthy condition;
   • that the item has not been manipulated, for example with regard to the
     mileage.
     Finally, the buyer guarantees, with regard to the item to be traded in, that he is not aware
     of any other facts or circumstances of which he knows (or should have known) that they were of interest to the seller.
3. The warranties referred to in paragraph 2 shall remain in force after the item has actually been exchanged at the
   seller.
4. The vehicle to be traded in must be provided with a valid
   registration certificate part I, part II or a valid registration card and a certificate of transfer upon actual delivery.
   If one or more of the above-mentioned documents is missing, the seller reserves the right to charge the buyer
   for costs. These are the
   costs of depreciation and the costs of obtaining a new registration certificate.

Article 18 - Personal data
The personal data specified in the contract or order shall be processed by the seller/repairer
in accordance with the General Data Protection Regulation
(hereinafter: AVG). This processing enables the Seller/repairer:

• execute the order or perform the purchase agreement and (if applicable) fulfil his
  warranty obligations;
• provide optimum service to the buyer/customer;
• in the case of a legitimate interest, to provide him with up-to-date product information in a timely manner
  and to make him personalised offers;
• The car data are recorded in the odometer register. In this system,
  odometer readings are registered in order to prevent odometer fraud;
• In addition, in the case of a legitimate interest, the personal data may be made available to the INDI Association at
  for the purpose of cleaning the
  personal data;
• Any objection to the processing of personal data within the meaning of the AVG for the purpose of direct mailing
  will be honoured, if any, by the buyer/customer to the seller/repairer.

Clause 19 - Applicable law
All legal relationships between seller/repairer and buyer/customer shall be governed by Dutch
law.