Online Auction Terms and Conditions.

Bidder, Seller/Owner, and Liquidations Enchere Ltd. agree that the terms and conditions listed below shall govern each online auction and the use of the site generally.

This auction will be conducted within the framework of the rules listed below plus and in addition to

any other provision that may be added by the Liquidations Enchere, Ltd. via e-mail or as posted http://www.liquidationsenchere.com/ (the “Site”).

1. All registration information the Bidder provides to Liquidations Enchere Ltd. must be current, complete, and accurate. If a Bidder’s information should change, Bidder agrees to update their information on the Site as soon as is practicable.

2. All Bidders must be 18 years of age or older. Bidder agrees to not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site generally and of or any transaction being conducted on and during the auction sale.

3. Access and use of the Site is subject to any and all specific terms and conditions set forth on any individual page within the Site and the terms and conditions set out on this page (collectively the “Terms and Conditions”) and all applicable laws and regulations, including but not limited to copyright and trademark laws. BY REGISTERING TO USE THIS SITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS OF THE TERMS AND CONDITIONS and to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site. Legal action will be taken against anyone violating the terms and conditions of the Terms and Conditions or any other applicable law or regulation. Liquidations Enchere, Ltd. (hereinafter “Liquidations Enchere) reserves the right to periodically change the terms and conditions of these Terms and Conditions and it is the Bidders’ responsibility to periodically review any and all changes made to these terms and conditions prior to each use of this Site. By registering to use this Site, you agree in advance to accept any such changes.

4. Bidders must register and receive of an e-mail confirmation from the Site prior to the auction event. This allows Liquidations Enchere to more accurately identify Bidders and avoid the possibility of fictitious bids. Bidders expressly authorize the Site to use their personal information in a matter consistent with the Site’s Privacy Policy.

5. Bidders declare that they comply with the provisions of Article L 642-3 of the French Commercial Code, and have no kinship or affinity, to the 2nd degree inclusive, direct or indirect, with any manager and associate of any company which is under collective procedure of redressement or liquidation judiciaire.

6. Conditional pro-forma invoices will be emailed to successful bidders within 8 hours of the close of the auction. The idea of the conditional pro-forma invoice is to inform the successful Bidder of the amounts payable by the Bidder in the event that the judge approves the bid. In addition, successive e-mails are also mailed to both the relevant Seller and Mandataire Judiciaire at the same time as the e-mail notification to the successful Bidder. Each invoice will state the full payment due, including the exact purchase amount due the Seller, any Online Auction Fee, (together the, “Bidders Bid Amount”), and any applicable sales tax due. Where applicable, sale taxes will be added to the purchase price of all taxable items. Collection of applicable taxes will be in accordance with the laws of the country where the purchased asset is located.

7. Bidder’s Bid Amount: The actual bid amount submitted by the Bidder online during the auction event. If a Bidder is determined to be the successful Bidder at the end of an auction, and said successful Bidder’s bid is subsequently accepted by the judge, (a “Judge Acknowledged Bidder”), it is the total amount this Judge Acknowledged Bidder is contractually obligated to pay. Sales tax, if applicable, will be payable in addition to the Bidder’s Bid Amount. The Bidder’s Bid Amount thus includes the Seller’s Purchase Amount described in paragraph 7 as well as the Online Auction Fee described below in paragraph 8.

8. Online Auction Fee: Following the approval of the winning bid by the judge, the Site will charge and collect from each successful Bidder an auction fee (the “Online Auction Fee”)for each item. The Online Auction Fee will become due and payable once the successful Bidder becomes a Judge Acknowledged Bidder. Bidders agree that the Online Auction Fee shall be paid within 7 days of the sale settlement date (i.e., the date on which the item(s) is/are to be paid for).

9. Seller’s Purchase Amount: An amount calculated by the Site based on the amount submitted on the Site by the Bidder during the auction, less any Online Auction Fees (see paragraph 8 above). Bidders agree to be bound by this Seller’s Purchase Amount and agree not to offer the Seller an amount greater than the Seller’s Purchase Amount without informing Liquidations Enchere in writing. The Seller’s Purchase Amount will be paid directly by the Bidder to the Mandataire or Liquidator Judiciaire who are acting on behalf of the bankrupt entity (the "Debiteur"). Under no circumstance, will this Seller’s Purchase Amount or any other amount be due by the Bidder directly to the Debiteur.

10. Retracting or Cancelling Bid. Subject to the exceptions set out below, Bidders can not retract or cancel a bid. When a Bidder places a bid, he/she agrees to pay for the item they are bidding for, provided that the judge accepts bidder’s bid..

The Bidder may retract a bid if one of the circumstances, as defined below, occurs and if Bidder retracts the bid within the specified time period.

Valid reasons for retracting a bid include:

• Bidder accidentally entered the wrong bid amount due to a typographical error.
• The item’s description changed significantly after the Bidder entered his/her last bid.
• Seller fails to respond to Bidders multiple attempts to communicate by telephone or e-mail.
• Mandataire and/or Judge fails to approve bid, and or/act on bid within the specified time period.

A Bidder’s bid is a serious engagement. A Bidder may not retract his/her bid due to Bidder simply changing his/her mind. Before bidding, Bidders must carefully review the listing for the item being bid for.

If a Bidder intends to retract a bid, the Bidder must review the conditions for retracting a bid. If the Bidder meets the conditions and understands the results of doing so, the Bidder must then fill out a Bid Retraction form. To retract a best offer, the Bidder must use the Best Offer Cancellation form.

11. Bidder will be suspended temporarily or permanently banned from the Site if he/she is found to have provided false information when registering on the Site, such as having provided a false name or incorrect contact information. A Bidder will be permanently banned from this Site if Bidder wins a bid and becomes a Judge Approved Bidder and then fails to honour his/her auction bid except in the approved situations described in paragraph 10 “Retracting or Cancelling Bid.” The use of e-mail addresses by Liquidations Enchere is strictly limited to using the addresses to contact Buyers and Sellers; any use of this private information by a Bidder (unless permitted in these Terms & Conditions) is strictly prohibited.

12. The payment by a Bidder for purchases must be made by credit card, bank wire transfer, or personal check as noted in a specific auction's terms and conditions. All sales are subject to appropriate Country Sales Tax laws. Bidder acknowledges and agrees not to retract the purchase offer (subject to bid retraction circumstances as set out in paragraph 10. above). The Bidder is responsible for making arrangements for merchandise removal once sale is settled.

13. The descriptions of items/lots appearing in the auction and in advertising prior to the auction are believed by Liquidations Enchere to be correct. Nevertheless, neither those descriptions nor any oral statements made by Owner/Seller, Liquidator Judiciare, or Liquidations Enchere concerning any item/lot shall be construed as a warranty by Liquidations Enchere either expressed or implied. ITEMS/LOTS ARE SOLD AS IS - WHERE IS and WITH ALL FAULTS. Bidder acknowledges that all items/lots were available for inspection prior to the auction and, by these terms, Liquidations Enchere, Liquidator Judiciaire and Owner/Seller strongly encouraged Bidder to carefully inspect each item/lot in which Bidder had any interest to determine the item/lot’s nature, quality, condition, quantity and size. Bidder acknowledges that he/she relied solely on his/her personal inspection and not on information listed on the Site or otherwise provided by Liquidations Enchere, Liquidator Judiciare or Owner/Seller. Subject to paragraph 10 above, Bidder’s failure to inspect, or otherwise be fully informed as to the nature, quality, condition, quantity and size of any item/lot will not constitute ground for any claim, adjustment, refund, termination of the contract for sale, or refusal to close the sale, against Liquidation Enchere or Owner/Seller.

14. These Terms and Conditions constitute the final expression of the parties’ agreement and are a complete and exclusive statement of the terms of the sale. The IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE SPECIFICALLY EXCLUDED from this sale and transaction and shall NOT apply to the merchandise that is the subject of these sales. Liquidations Enchere does not have control over the items/lots that are posted in the Site, and cannot guarantee the authenticity and quality of said product. Liquidations Enchere is not responsible for the actions the Owner/Sellers, Buyers, Liquidator Judiciare, and Judges take before, during, and after the auction, typographical errors, misprints, loss of merchandise/money, damage or failure of equipment, due to Bidder’s/Seller’s visit to this Site. Use of the Site is at Bidder’s/Seller’s own risk.

15. Despite efforts to avoid the withdrawal of item/lots from the auction after they are listed, it may sometimes be necessary for items to be withdrawn. Liquidations Enchere and the Owner/Seller reserve the right to withdraw an item at any time before, during, or after the auction. The Owner/Sellers of property listed on this Sitereserve the right to reject any and all bids in their sole discretion.

16. Merchandise becomes the full responsibility of Bidder once payment is made for the item and Bidder assumes all risk of loss and damage to property until removed from sale premises. Owner/Seller and Liquidations Enchere agree that merchandise may remain on the sale premises for a period of time following the sale. The date by which all merchandise must be removed from the premises may be determined by the judge, and is not under the control of Liquidations Enchere.

17. SHIPPING: LIQUIDATIONS ENCHERE DOES NOT SHIP. Liquidations Enchere will be pleased to provide the Bidder with a list of shippers and packers that our worldwide base of clients has successfully used. Alternatively, the Bidder may elect to have his/her own shipper handle the shipping. Bidders should contact the shipper of their choice to arrange for packing and pick up purchased items. NOTE: The Bidder must wait until the Judge approves the Bidder’s offer and until the Bidder’s payment clears the Liquidator Judiciaire’s bank account before arranging shipping.

18. Liquidations Enchere reserves the right, in its sole discretion, to terminate, change or suspend any aspect of the auction.

19. Liquidations Enchere reserves the right to re-auction any property not paid for in full on the specified settlement date. Subject to paragraph 10 above, failure to pay for item/lots won on this online auction will result in forfeiture of your deposit for expenses of resale, collection and damages resulting from the resale. The Owner/Sellers of property sold through this Site reserve the right to reject any and all bids, if they so choose.

20. The highest Bidder shall be designated by Liquidations Enchere at the end of each auction. If a dispute arises between two or more Bidders, Liquidations Enchere reserves the right to re-open bidding. The designation of the winning Bidder by Liquidations Enchere is final. Bid increments: Bidding generally opens at half the low estimate (if provided) and bids advance in preset increments which are determined for each

auction event.

21. Bidder accepts responsibility for, and agrees to indemnify, defend and hold harmless each Owner/Seller and Liquidations Enchere and their respective employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys’ fees and expenses) related to, arising from or associated with Buyer’s, his agents’ or representatives’, use of the Site, including but not limited to personal injuries or property damage incurred on the sale premises or during removal and transport of any auction item/lots, and arising out of, based upon, or resulting from (i) any breach or violation by Bidder of these Terms and Conditions or any use by Bidder of the Site or as a result of a dispute with another Bidder and (ii) the actions or failure to act of the judge or mandataire judiciaire.

22. These Terms and Conditions constitute a binding agreement between Bidder and Liquidations Enchere until

terminated by Liquidations Enchere, which Liquidations Enchere may do at any time, without notice, in Liquidation Enchere’s sole discretion. If Bidder is dissatisfied with the auction sale in any way, Bidder's only

recourse is to immediately discontinue use of the Site. Liquidations Enchere reserves the right to terminate Bidder’s registration and use of the auction Site, impose limits on certain features of the auction Site or restrict Bidder’s access to, or use of, part of or the entire Site without notice or penalty.

23. Liquidations Enchere cannot, and will not, be held responsible for any interruption in service, errors, and/or

omissions, caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Site. Bidder acknowledges that auctions are conducted electronically and rely on hardware and software that may malfunction without warning. Liquidations Enchere, in its sole discretion, may void any auction, temporarily suspend bidding and re-auction any item/lots that were affected by any malfunction. With regard to the foregoing, the decision of Liquidations Enchere is final.

24. Liquidations Enchere gathers information about Bidders and Owner/Sellers for the purposes of conducting

online auctions. Liquidations Enchere will not sell or rent this information to third parties.

25. Liquidations Enchere uses e-mail mailing lists to notify its customers about online and live auctions. If a Bidder or a Seller/Owner is receiving a particular mailing and he/she wishes to discontinue receiving future mailings, they need only forward the received e-mail to Liquidations Enchere to have his/her name promptly removed from the relevant mailing list.

26. The placing of a bid is (subject to paragraph 10 above) a binding contract between the Bidder and the Owner/Seller and the bid can only be retracted in accordance with paragraph 10. Once a bid is placed, and if bid wins the auction and if bid is approved by the judge, the Bidder is obligated to buy the product at the specified price indicated in the bid (subject to paragraph 10). The Owner/Sellers of property auctioned through this Site reserve the right to reject any and all bids, in their sole discretion. Liquidations Enchere undertakes the execution of online bidding as a convenience for Site users and is not responsible for any inadvertent failure to execute bids, or for any error in the execution of bids. IN THE EVENT OF A TIE BID, FLOOR BIDDERS ALWAYS TAKE PRECEDENCE.

27. A Bidder is responsible for any bids placed under his/her bidding number and password.

The security of the Bidder’s information is the Bidder’s sole responsibility as the Bidder will be

responsible for any and all bids placed under his/her number. If at any time a Bidder believes that his/her

Bidder number and password have been compromised due to lack of security on his/her part, then the Bidder

must notify Liquidations Enchere immediately.

28. Bidder agrees that when using the Maximum Bid feature on the Site, he/she is you use it according to the

specifications Liquidations Enchere has in place for that feature. Bidder agrees to only use this feature if he/she understands how the Maximum Bid feature works.

29. Bidders and Seller/Owners agree that they will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the content contained herein without the prior, express written permission of Liquidations Enchere. Bidders and Seller/Owners agree that they will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the

Site. Bidders and Seller/Owners agree that they will not take any action that imposes an unreasonable or

disproportionately large load on the Site’s infrastructure. Bidders and Seller/Owners agree that they will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without prior, express written permission of Liquidations Enchere. THE SITE IS PROVIDED ON AN “AS IS” BASIS

WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

30. Seller/Owners which log into the Site, declare that the their items which are listed on the Site relate to a company in redressement judiciaire and/or liquidation judiciaire.

31. No legal advice is intended or implied by anything contained within the Site. No obligation, liability, responsibility, accountability or burden is undertaken, assumed or otherwise imposed by maintaining the Site.

32. Andy controversy or claim arising out of, or relating to, these Terms and Conditions shall be settled by binding arbitration in accordance with the commercial arbitration rules of Luxembourg. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.

33. The Terms and Conditions and any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of England and Wales. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Liquidations Enchere’s failure to act with respect to a breach by a Bidder or others does not waive the right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between the Bidder or Seller/Owner and Liquidations Enchere with respect to the subject matter hereof. .

Your registration with this auction site marks your acceptance in full of these Terms and Conditions.