15
Online aucon of a Heavy Marine diesel engine "MWM", type TBD484-8, (1980) in Brecht (B) Closing: 31 May 2021 from 14:00 hrs. Viewing day: Address: Brecht Belgium

Online auc on of a Heavy Marine diesel engine MWM, type ......Nr Title Descrip on Start € 1 8-cilinder marine diesel engine 8-cilinder marine diesel engine, "MWM", type TBD-484-8U,

  • Upload
    others

  • View
    9

  • Download
    0

Embed Size (px)

Citation preview

Page 1: Online auc on of a Heavy Marine diesel engine MWM, type ......Nr Title Descrip on Start € 1 8-cilinder marine diesel engine 8-cilinder marine diesel engine, "MWM", type TBD-484-8U,

Online auc�on of a Heavy Marine diesel engine "MWM",type TBD484-8, (1980) in Brecht (B)

Closing: 31 May 2021 from 14:00 hrs.

Viewing day:

Address:

BrechtBelgium

Page 2: Online auc on of a Heavy Marine diesel engine MWM, type ......Nr Title Descrip on Start € 1 8-cilinder marine diesel engine 8-cilinder marine diesel engine, "MWM", type TBD-484-8U,

General terms and condi�ons of the online auc�on

Closing date 31 May 2021 from 14:00 hrs. ViewingOrganizing Company Orbis Auc�ons BV

De Stad 105688 NX Oirschot, NetherlandsTel.: +31 (0)49 9725 062E-mail: info@orbisauc�ons.com

Buyers premium 17% over the highest bidV.A.T 21% over the highest bid including PremiumPickup date <p>Only on appointment</p> Pickup address

BrechtBelgium

Delivery instruc�ons The buyer is fully responsible for the dismantling, loading andtransporta�on of the bought lots. Orbis Auc�ons B.V. cannot accept anyresponsibility unless indicated otherwise. The delivery (pick-up boughtlots) will only take place on the men�oned delivery date/�me andaddress.

Payment details Before collec�on of the goods your payment has to be fulfilled. Pleasetransfer the amount due to our account at Rabobank, IBAN:NL78RABO0353201162, BIC: RABONL2U in Oirschot (NL), indica�nginvoice- and buyer number.

General terms andcondi�ons of sale

On the auc�on general terms and condi�ons of the online auc�on areapplicable concerning the (possible) purchase of moveable assets,furthermore these specific terms and condi�ons.

Combina�ons All lots in a combina�on will be sold individually first. The star�ng bid ofthe combina�on is the total amount of the individual bids. Thecombina�on will open a�er all individual lots are closed. If thecombina�on is sold it overrules the individual bids, if not the individualbids are applicable.

Prolonga�on If a bid is made in the last 5 minutes the lot closes, the closing �me of thatlot will be extended with 5 minutes un�l no bids are made.

www.orbisauc�ons.com

Page 3: Online auc on of a Heavy Marine diesel engine MWM, type ......Nr Title Descrip on Start € 1 8-cilinder marine diesel engine 8-cilinder marine diesel engine, "MWM", type TBD-484-8U,

Nr Title Descrip�on Start €

1 8-cilindermarinedieselengine

8-cilinder marine diesel engine, "MWM", type TBD-484-8U, year ofconstruc�on 1980, engine number 484.08.19913, Cap. 1210 kW,speed 375 rpm, 1500 hp, overhauled in 2019, reversible to the right,dry crankcase, Oil vessel with filters, expansion vessel, damper, enginewil be build out, control system, air system.

2500

www.orbisauc�ons.com

Page 4: Online auc on of a Heavy Marine diesel engine MWM, type ......Nr Title Descrip on Start € 1 8-cilinder marine diesel engine 8-cilinder marine diesel engine, "MWM", type TBD-484-8U,

General Terms of the online auc�on

Download terms and condi�onsAr�cle 1. Defini�onsDelivery: the actual delivery of the lot to the buyer or to his authorized representa�ve;Bid: each by a user in the auc�on (for a lot) bid amount; User: the one who hasregistered on the website; User Agreement: the agreement between Orbis Auc�ons andthe user;Lot: an ar�cle, or a number of ar�cles that are auc�oned together (under one number);Purchase Price: the amount of the highest -allocated- bid increased by the BuyersPremium above the highest bid and the VAT owed;Purchase Agreement: the purchase agreement between buyer and seller; Buyer: theuser to whom the lot is allocated;Registra�on: registra�on of the user on the website by comple�ng the registra�on formfound on the website;Specific Online Auc�on Terms and Condi�ons: besides, in addi�on to or devia�ng fromthese General Terms and Condi�ons, applicable regula�ons that apply, as stated on thewebsite for the specific auc�on;Alloca�on: the declara�on of Orbis Auc�ons that a lot or combina�on of lots has beenallocated by payment of the purchase price to the highest bidder. Seller hereby irrevocablyauthorizes Orbis Auc�ons to assign and sell ar�cles on behalf of the seller(s);Auc�on: internet sales organized by Orbis Auc�ons of movable goods;Seller: the person(s) a lot is being auc�oned in whom/whose commission;Website: website www.Orbisauc�ons.com, which is maintained by Orbis Auc�ons, basedin Oirschot;Ar�cle 2. Applicability2.1 These General Terms and Condi�ons apply both to the rela�onship betweensellers and Orbis Auc�ons, as the rela�onship between users/buyers and other thirdpar�es on the one hand and on the other hand Orbis Auc�ons. These condi�onstherefore apply to (being) organized auc�ons by Orbis Auc�ons and through thepar�cipa�on in auc�ons by users and/or buyers.2.2 The applicability of other General Condi�ons than the present, and (where

applicable) the Specific Online Auc�on Terms and Condi�ons is excluded.Ar�cle 3. Registra�on on the website and the use

3.1 By registra�on on the website a user is able to follow the progress of auc�ons onthe website. The user agreement is not transferable. By registra�on the user provides hispersonal details to Orbis Auc�ons and chooses his own password to access the website.

www.orbisauc�ons.com

Page 5: Online auc on of a Heavy Marine diesel engine MWM, type ......Nr Title Descrip on Start € 1 8-cilinder marine diesel engine 8-cilinder marine diesel engine, "MWM", type TBD-484-8U,

The client's account and the associated password are strictly personal and may not betransferred by the client to a third party. The client must immediately inform OrbisAuc�ons if there is any suspicion that their password is known by a third party. Furtheraccess to the website will then be disabled to avoid any misuse.3.2 Orbis Auc�ons confirms the registra�on by e-mail to the user on the specified e-mail address, a�er which user can gain access to the auc�on by using his chosenpassword. User is obliged to behave a�er granted access to the website and do notinflict damage to the website or to other users. User is liable for all ac�vi�es that occuron the website a�er that access has been gained by using the password of user.3.3 The client is responsible for the correctness and completeness of the personaldata provided at the �me of registra�on with Orbis Auc�ons. The client mustimmediately inform Orbis Auc�ons of any change to this personal data. Any bidssubmi�ed through the client's account will be regarded as being bids made by, or onbehalf of, the client themselves. The client is personally liable for the fulfillment of theobliga�ons arising from the submission of any bid even if the bid is made as a result ofthe misuse of the client's account and/or password.3.4 Orbis Auc�ons reserves the right to refuse registra�on and to terminateunilaterally, without giving a reason.3.5 Orbis Auc�ons takes obtained personal data in records kept for that purpose.Through registra�on on the website, the user gives consent to the use and the storageand processing of the personal data recorded.3.6 Clients are prohibited from reproducing or making available any part of the OrbisAuc�ons website (through deeplinking or otherwise) without prior wri�en permissionfrom Orbis Auc�ons.3.7 All associated Intellectual property is reserved to Orbis Auc�ons.3.8 By (one-off) registra�on user accepts these General Terms and Condi�ons each�me that user logs on to the website and whether or not bids.3.9 Government laws and regula�ons, such as the Money Laundering and TerroristFinancing Preven�on Act (WWFT), may impose (addi�onal) obliga�ons on OrbisAuc�ons. The client is required to provide all informa�on requested by Orbis Auc�onsincluding (but not limited to) informa�on about the client's iden�ty to establish andverify this further, to verify and record the iden�ty of the ul�mate beneficial owner, thepurpose and nature of the engagement or to exercise a transac�on or an ongoingcontrol over the business rela�onship or the natural person who represents or is

authorized to do so by the client and whether the client is ac�ng for themselves or for athird party. If the requested informa�on is not supplied within 5 days a�er the first

request, Industrial Auc�ons may immediately terminate the agreement and, pending theinforma�on, Orbis Auc�ons may suspend the services. Orbis Auc�ons is then not obligedor liable for any compensa�on for damages.

www.orbisauc�ons.com

Page 6: Online auc on of a Heavy Marine diesel engine MWM, type ......Nr Title Descrip on Start € 1 8-cilinder marine diesel engine 8-cilinder marine diesel engine, "MWM", type TBD-484-8U,

Ar�cle 4. The auc�on4.1 Orbis Auc�ons reserves the right to cancel an auc�on earlier than reported onthe website or to extend one. In case of a technical malfunc�on of the website, causingit not complete and/or inaccessible to all users, Orbis Auc�ons reserves the right toextend the auc�on.4.2 The effec�veness of the internet and its website depends on many factors andmany others. Orbis Auc�ons is not in control of many factors and can accept no liabilityfor things they are not in control off. User and seller declare themselves familiar withand agree with the special circumstances of an internet auc�on and with the technicalimperfec�ons that can arise. Orbis Auc�ons must therefore limit its liability. Forexample, it may involve down�me, interrup�ons, delays in the connec�on,maintenance, updates, viruses, limited accessibility, et cetera et cetera. Orbis Auc�ons isnot liable for any damage that might result therefrom.4.3 Orbis Auc�ons hereby exclude to both the user and the seller any liability for anydamage directly and/or indirectly, in any way arise, including but not limited to thedamage arising from the use of the website, unless there is intent or willful recklessnessof Orbis Auc�ons.4.4 Orbis Auc�ons also accepts no liability for any damage whatsoever that arises inany way by and/or arising from:- Ac�ons by the user that may have been prompted by informa�on placed on thewebsite;- The impossibility of using the website (completely) and/or another malfunc�on inthe website or the suppor�ng system;- The failure of the lots to the specifica�ons as reported on the website;- The fact that the informa�on on the website is incorrect, incomplete or out ofdate;- Errors in the so�ware and/or the suppor�ng system of the website;- The unlawful use of systems, including the website of Orbis Auc�ons by a thirdparty;- Acts of the seller a�er the user has concluded a purchase agreement;4.5 Orbis Auc�ons organizes online auc�ons on behalf of sellers. She does not sellown products. Orbis Auc�ons reserves the right to cancel an auc�on, earlier thanreported on the website, or to extend one.Ar�cle 5. Security

5.1 Orbis Auc�ons strives to secure its systems against loss of data and/or any formof unlawful use and takes appropriate technical and organiza�onal measures, including

taking into account the state of the technology.

www.orbisauc�ons.com

Page 7: Online auc on of a Heavy Marine diesel engine MWM, type ......Nr Title Descrip on Start € 1 8-cilinder marine diesel engine 8-cilinder marine diesel engine, "MWM", type TBD-484-8U,

5.2 Orbis Auc�ons is not liable for loss of data, damage to files, unlawful access tocomputers or files, viruses spread via the website or other unlawful programs or files orany other consequence of the use made of the website.5.3 The website may contain links to other websites. Orbis Auc�ons has no controlover such sites and is not responsible for the content of those sites.Ar�cle 6. Descrip�on lots6.1 Orbis Auc�ons and the person on whose behalf the lot will be auc�oned strive toachieve the greatest possible accuracy and clarity of the descrip�on of a lot on thewebsite, auc�on catalogs, other auc�on brochures, adver�sements and such, withoutany liability for damages arising from incorrect or incomplete descrip�ons or otherdamage.6.2 Pipes, cables and/or other connec�ons for energy, control or produc�on that arelocated on/in a lot are to be, unless expressly stated in the Specific Online Auc�on Termsand Condi�ons stated, only sold to the first valve, fi�ng or aplied mark. Underground orbuilt-in connec�ons never are part of the lot, unless explicitly stated otherwise in theSpecific Online Auc�on Terms and Condi�ons.Ar�cle 7. Adjustments; opera�on7.1 If and insofar as any clause of these General Terms and Condi�ons is invalid orunenforceable, the remaining clauses of these General Terms and Condi�ons will remainvalid. Industrial Auc�ons will then adopt a new clause to replace the invalid/annuledclause, as far as possible the scope of the invalid/annuled clause shall be respected.7.2 Orbis Auc�ons can, in addi�on to these General Terms and Condi�ons, declarethe Specific Online Auc�on Terms and Condi�ons applicable. They are therefore alreadyaccepted by the user. In case of contradic�on prevails the clause of the Specific OnlineAuc�on Terms and Condi�ons over the clause in these General Terms and Condi�ons.7.3 The present General Terms and Condi�ons may be deviated only when this iss�pulated in wri�ng by an authorized representa�ve of Industrial Auc�ons.7.4 Orbis Auc�ons reserves the right to modify these General Terms and Condi�ons.Changes take effect 24 hours a�er an e-mail is communicated to the user or if they(digital) have been accepted comes into effect.Ar�cle 8. Auc�on organiza�on by Orbis Auc�ons8.1 The organiza�on, prepara�on and execu�on of the auc�on lie with OrbisAuc�ons.8.2 Orbis Auc�ons has the authority before, during or a�er the auc�on without

assigning any reasons:- Not to recognize a bid as such;

- To exclude one or more users from the auc�on;- To consolidate ar�cles into lots, to split lots and take lots from the auc�on;

www.orbisauc�ons.com

Page 8: Online auc on of a Heavy Marine diesel engine MWM, type ......Nr Title Descrip on Start € 1 8-cilinder marine diesel engine 8-cilinder marine diesel engine, "MWM", type TBD-484-8U,

- To repair mistakes made by Orbis Auc�ons in bids and/or alloca�ons, without auser is able to make use of these errors and/or derive any rights from them;- Lots whether or not to allocate;- To implement other, in the opinion of Orbis Auc�ons, useful or necessarymeasures or changes;8.3 Orbis Auc�ons is authorized before par�cipa�on in certain auc�ons and/or bidson certain lots to require prior, from the user, a bank guarantee or other form of securityto the choice and sa�sfac�on of Orbis Auc�ons (to be judged by Orbis Auc�ons)8.4 The judgment of Orbis Auc�ons concerning what has taken place before, duringor a�er the auc�on, is binding.Ar�cle 9. Bid; Purchase Agreement9.1 The user can place a bid on the website on one or more lots. Every bid isuncondi�onal, irrevocable and without reserva�on. Orbis Auc�ons and/or the seller is/are en�tled, without giving any reason not to accept bids. Bids are placed exclusivebuyers premium and VAT. Orbis Auc�ons is authorized to place bids on behalf of thirdpar�es.9.2 If a lot is accompanied by one or several other lots as a combina�on in auc�onthis shall be indicated on the page of the individual lot. In that case, there can be placedbids first on the individual lots of the combina�on and a�er the closing of all individuallots, offered on the combined lot. Individual lots can be allocated only if the totalamount of the highest sustainable bids on the individual lots is higher than the highestsustainable bid on the combina�on. The combina�on will be allocated solely if thehighest sustainable bid on the combina�on is higher than the total amount of thehighest sustainable bids on the individual lots.9.3 Bids can be placed in the form of a "sta�c bid" or a "proxy bid". In a sta�c bid, theuser places a bid in the form of a fixed amount per lot. In a proxy bid the user indicatesthe maximum price he is willing to pay for the lot. The auc�on system then ensures that,a�er outbidding by a third party, in the name of the user, the minimally possible higherbid is introduced, as long as the maximum indicated by the user has not been reached. Aproxy bid can only be disabled by the user by placing a sta�c bid that at that moment isthe highest bid.9.4 The purchase agreement arises through alloca�on. Alloca�on is generally given tothe user who has made the highest bid. By applying the clause of ar�cle 9.1, throughcondi�ons for alloca�on as included in the Specific Online Auc�on Terms and Condi�ons

or for other reasons at the discre�on of Orbis Auc�ons may be allocated to a differentuser than the user who has placed the highest sustainable bid instead.

9.5 The buyer will get within 48 hours a�er the auc�on has been closed, at least asquickly as possible (Saturday, Sunday and holidays not included) confirmed by e-mail onbehalf of the seller(s) that the purchase agreement has been concluded. If the user does

www.orbisauc�ons.com

Page 9: Online auc on of a Heavy Marine diesel engine MWM, type ......Nr Title Descrip on Start € 1 8-cilinder marine diesel engine 8-cilinder marine diesel engine, "MWM", type TBD-484-8U,

not get an e-mail within the period men�oned above, this means that his bid has notbeen allocated. Orbis Auc�ons reserves the right not to allocate or to allocate undersuspensive condi�on(s).9.6 The risk of the lot(s) is transferred from the seller to the buyer at the moment ofalloca�on. The seller is up to the alloca�on obliged to properly insure the goods andmaintain properly insured against fire, explosion and water damage and the�. Seller isalso obliged to take out adequate insurance and liability insurance and maintain so. Thepolicies and the proof of premium payment of these insurances (or at least copies ofthem) must be provided by seller on first request to Orbis Auc�ons.9.7 Orbis Auc�ons is not a party to the purchase agreement but merely mediates inthe crea�on of purchase agreements between buyer and seller. Its content is alwaysprecisely defined. Seller and buyer realize there on the part of Orbis Auc�ons mayinvolve a conflict of interest. Buyer and seller hereby give permission to Orbis Auc�onsfor simultaneously serving (the interests of) the buyer and seller.9.8 If there is a forced sale, this will be stated in the Specific Online Auc�on Termsand Condi�ons.9.9 In the event seller is a trustee in his capacity as receiver, ar�cle 7:19 Civil Codeapplies.9:10 If the auc�on takes place in the presence of a notary or bailiff, he will supervise theauc�on and the bids placed there and alloca�ons.Ar�cle 10. Guarantees, claims and indemni�es10.1 Orbis Auc�ons sells third party products, for third par�es. Seller and buyer realizethat Orbis Auc�ons is unaware or may be of the nature, condi�on or similar of the sold.Orbis Auc�ons and/or the seller provide regarding the lots and possible claims of thirdpar�es to these, no warran�es of any kind. Buyer waives all rights which do not belongto the buyer under mandatory law.10.2 The lots are sold in the state in which they exist on the date of alloca�on with allits possible defects, benefits and burdens. Orbis Auc�ons and/or seller give in noindemnity for visible or hidden defects or warranty in connec�on with completeness,numbers, func�oning, usability, saleability, the existence or absence of rights or claimsof third par�es and or the possibility of transfer to third par�es. Defects of whateverkind, disappointed expecta�ons of the buyer and/or receiving third par�es do notprovide any en�tlement to (damage) compensa�on and/or se�lement and/orsuspension. The buyer shall be deemed to have carefully examined the lot bought by

him beforehand.10.3 If in respect of the lots claims of third par�es arising from property reserved,

(intellectual) property rights and/or other third party rights be exercised, Buyer shallkeep the relevant lot(s) for those third party(ies), under the obliga�on to issue this first

www.orbisauc�ons.com

Page 10: Online auc on of a Heavy Marine diesel engine MWM, type ......Nr Title Descrip on Start € 1 8-cilinder marine diesel engine 8-cilinder marine diesel engine, "MWM", type TBD-484-8U,

request to that third party(ies), or otherwise to make appropriate arrangements withsuch third par�es.10.4 The seller shall indemnify Orbis Auc�ons against each claim of third party(ies).The buyer indemnifies Orbis Auc�ons and/or the seller against each claim by a thirdparty in connec�on with the purchase agreement.Ar�cle 11. Payment obliga�ons of the buyer11.1 The buyer has the obliga�on to pay the purchase price within three days (notincluding Saturday, Sunday and holidays) a�er confirma�on of the purchase agreementon a by Orbis Auc�ons indicated account number. Payment must be made in Euros or inanother currency indicated by Orbis Auc�ons.11.2. The buyer is not en�tled to any se�lement or suspension.11.3 The buyer is obliged to first request to provide (addi�onal) security (such as abank guarantee and or pledge). The buyer hereby grants an irrevocable power ofa�orney to Industrial Auc�ons to (do) se�le rights of pledge both before and a�erdelivery on behalf of the buyer for the benefit of Orbis Auc�ons. The buyer declares tobe authorized to do so.11.4 In case of late payment of the purchase price 15% of the purchase price, being afixed amount for collec�on costs and/or extrajudicial costs, will be charged to the buyerby Orbis Auc�ons plus the statutory interest on the outstanding amount plus 3% peryear, with effect from the date the payment had to be made un�l the date of effec�vepayment.Ar�cle 12. Viewing days, auc�on days, pick-up days12.1 The seller and/or Orbis Auc�ons can organize viewing days and pick-up days. Thepar�es realize that Orbis Auc�ons does not have any influence or control over thegoods, the loca�on or the circumstances in which the viewing days and pick-up days arebeing organized. Therefore, Orbis Auc�ons can not accept any liability. Whoever entersbuildings and/or grounds on viewing days or delivery days does so en�rely at their ownrisk. It is compulsory to follow up instruc�ons given by Orbis Auc�ons and/or by OrbisAuc�ons hired people. Orbis Auc�ons and the seller do not accept any liability fordamage arising on viewing days, or entering the buildings or grounds or theconsequences that that entails.Ar�cle 13. Delivery13.1 If and as soon as the buyer has met all his payment obliga�ons, the buyer maypick up the lot(s) at the by Orbis Auc�ons determined �mes and place on presenta�on

of a proper iden�fica�on, being the delivery. The delivery is fully at the expence and riskof the buyer. The buyer is obligated to pick up the lot(s) not later than the date specified

in the Specific Online Auc�on Terms and Condi�ons. Orbis Auc�ons can s�pulate that(a) certain(e) lot(s) can be picked up only a�er the picking up of other lots.

www.orbisauc�ons.com

Page 11: Online auc on of a Heavy Marine diesel engine MWM, type ......Nr Title Descrip on Start € 1 8-cilinder marine diesel engine 8-cilinder marine diesel engine, "MWM", type TBD-484-8U,

13.2 Before delivery the buyer is deemed to have fully explored the lot well and buythe lot in the condi�on in which it is. A�er the delivery the purchase agreement can nolonger be terminated or destroyed by the buyer. Pipes, cables and/or other connec�onsthat are located on/in a lot are to be, unless otherwise provided by law or Orbis Auc�onsexpressly stated otherwise, only part of the purchased up to the first valve, fi�ng, or theapplied mark. Underground or built-in pipes, cables or other connec�ons are not part ofthe purchased, unless explicitly stated otherwise by Orbis Auc�ons.13.3 If it appears that a lot can not be delivered because of claims by third par�es orbecause of the fact that the delivery would cause unacceptable damage to the buildingsor premises where the lot is situated or for other reasons appears to be objec�onable(at the discre�on of Orbis Auc�ons), Orbis Auc�ons is en�tled to terminate the purchaseagreement. This termina�on occurs by e- mail and/or registered le�er to the buyer atthe address supplied by the buyer, wherea�er Orbis Auc�ons and/or the seller have nofurther obliga�on than to refund already made payments by the buyer to Orbis Auc�onsin respect of the purchase of the lot(s).13.4 The buyer whose lot(s) obstructs the collec�on of other lots, is obligedimmediately a�er e-mail and/or summons by Orbis Auc�ons to the address specified bythe buyer to take care of the collec�on of his lot(s), failing which Orbis Auc�ons isen�tled to make this collec�on and possible storage happen by third par�es for theaccount of the buyer.13.5. Ownership of the goods passes a�er delivery, but not before the buyer has fulfilledall his obliga�ons (and the seller or other third par�es have given their consent). A�eralloca�on the buyer is obliged to properly insure and maintain properly insured againstfire, explosion, water damage and the� and to provide the insurance policy and proof ofpremium payment of this insurance on first request to Orbis Auc�ons. The buyer isobliged to respect rights of third par�es.Ar�cle 14. Termina�on14.1 If the buyer fails to perform any obliga�on under the agreement with OrbisAuc�ons or the purchase agreement, including but not limited to failure to �mely orcomplete payment of the purchase price; not picking up the lot(s) in �me and/or notproviding the required informa�on for delivery, finds the buyer is legally in defaultwithout further no�ce being required, and Orbis Auc�ons may terminate the agreementbetween herself and the buyer. Orbis Auc�ons may terminate the purchase agreementon behalf of the seller. In that case Orbis Auc�ons is allowed to assign the lot(s) to

another without Orbis Auc�ons and/or the seller is/are held to any (damage)compensa�on.

14.2 In the event of termina�on referred to in 14.1, the buyer owes Orbis Auc�ons inaddi�on to the buyers premium a lump sum amount of 25% of the purchase price to

www.orbisauc�ons.com

Page 12: Online auc on of a Heavy Marine diesel engine MWM, type ......Nr Title Descrip on Start € 1 8-cilinder marine diesel engine 8-cilinder marine diesel engine, "MWM", type TBD-484-8U,

cover administra�ve, storage, insurance and transport costs, etc., undiminished the rightof Industrial Auc�ons and/or the seller to claim full compensa�on.14.3 Products and goods are not delivered to (legal) persons in countries that are, orwill appear, on the EU and/or OFAC sanc�ons list or other sanc�ons lists. If it appearsbefore delivery that a client has purchased a lot(s) for trade with or delivery to a(customer in a) country that has been placed on the EU and/or OFAC sanc�ons list orother sanc�ons list then this is sufficient reason for the cancella�on of the purchase.Ar�cle 15. Liability15.1 Orbis Auc�ons works on loca�ons which she has no control over, with things thatare not hers. Therefore she must limit her liability, otherwise she runs too much risk,while she herselve is not in a posi�on to limit the risks. Orbis Auc�ons is not in control ofthe sites, auc�ons, IT environments and auc�oned goods. The liability of Orbis Auc�ons(if and when a�er applica�on of the other provisions of the contract s�ll remaining) is atall �mes and in all cases limited to the amount to which the liability insurance of OrbisAuc�ons in a given case en�tlement to benefits. If Orbis Auc�ons is uninsured, theinsurer will not cover grants or for whatever reason, no payment takes place, then theliability of Orbis Auc�ons in any case is limited to € 5,000.00. Any claim on OrbisAuc�ons (both property law and contract law), is not transferable or to encumber. Thislimita�on does not apply to intent or gross negligence of Orbis Auc�ons.15.2 Orbis Auc�ons is not liable for any indirect or consequen�al damages.Compensa�on for indirect damage is excluded at all �mes and in all cases, including atleast but not limited to consequen�al damages, lost profits, lost savings and damage due(corporate) stagna�on, loss of goodwill, loss of data, and such. Furthermore, any liabilityof Orbis Auc�ons is excluded in connec�on with any defect of the lot(s) or in respect of(alleged) infringement of the rights of (the intellectual property of) third par�es. Thebuyer declares that he acknowledges that in respect of the lot(s) possibly rights (ofintellectual property) rest with third par�es.15.3 Orbis Auc�ons and the seller are not liable for:- Damage to persons or property or business prior to the closing of the purchaseagreement or prior to alloca�on arising or resul�ng;- Damage to on, through or in connec�on with the purchased goods caused(including the loss of the good itself);- Visible and invisible defects. The buyer is required to do research. If the buyerneglects that, then the consequences are for the buyer;

- Damage caused by environmentally harmful substances in or on the purchased;- Damage caused by computer failures (both in terms of hardware, so�ware,

viruses, files, internet, all in the broadest sense);- Damage caused by power of disposi�on of the seller or rights of third par�eswhich causes damage to the buyer;

www.orbisauc�ons.com

Page 13: Online auc on of a Heavy Marine diesel engine MWM, type ......Nr Title Descrip on Start € 1 8-cilinder marine diesel engine 8-cilinder marine diesel engine, "MWM", type TBD-484-8U,

15.4 In engaging third par�es Industrial Auc�ons will always exercise due care.Industrial Auc�ons is not liable for any shortcomings of these third par�es. For that theseller and the buyer safeguard Industrial Auc�ons.15.5 Any right of the buyer or the seller shall expire two months a�er the alloca�on,notwithstanding the provisions to art. 6:89 BW.Ar�cle 16. Applicable law16.1 All agreements between Orbis Auc�ons and third par�es is governed by Dutchlaw.16.2 The Dutch text of the General Terms and Condi�ons is the original text. If theGeneral Terms and Condi�ons are used in several languages, the Dutch text willtherefore be given preference in case of ambigui�es or contradic�ons.16.3 In the event of a dispute, the competent court within the district of “Oost-Brabant” has jurisdic�on to hear the dispute, notwithstanding the competence to OrbisAuc�ons to submit a dispute to the competent court according to the law.bevoegd van het geschil kennis te nemen, onverminderd de bevoegdheid van OrbisAuc�ons om een geschil aan de volgens de wet bevoegde rechter voor te leggen.

www.orbisauc�ons.com

Page 14: Online auc on of a Heavy Marine diesel engine MWM, type ......Nr Title Descrip on Start € 1 8-cilinder marine diesel engine 8-cilinder marine diesel engine, "MWM", type TBD-484-8U,

Notes

www.orbisauc�ons.com

Page 15: Online auc on of a Heavy Marine diesel engine MWM, type ......Nr Title Descrip on Start € 1 8-cilinder marine diesel engine 8-cilinder marine diesel engine, "MWM", type TBD-484-8U,

Address: De Stad 10

5688 NX Oirschot, NetherlandsTel.: +31 (0)49 9725 062 Email: info@orbisauc�ons.com Web: www.orbisauc�ons.com

www.orbisauc�ons.com