Terms and Conditions

Cartree b.v., registered with the Chamber of Commerce under number 95324585, located in Poortugaal, Waddingswaard 3 3176XD, user of these general terms and conditions.

Further details of Cartree b.v.:

• Website: www.cartree.eu
• Email: mart@cartree.eu
• Telephone number: +316 42 53 03 75
• VAT identification number: NL867087663B01

Other party: The potential customer of the goods or services offered by Cartree b.v.

Applicability: Cartree b.v. declares these general terms and conditions applicable to all offers made by Cartree b.v. and agreements between the parties, whether or not resulting from such offers. Insofar as the contents have not been changed, these general terms and conditions shall also apply to future relations under the law of obligations between the parties. Deviations from these terms and conditions are only valid if they have been explicitly agreed upon by the parties in writing. General (purchasing) terms and conditions of the Other Party are expressly rejected. Third parties engaged by Cartree b.v. in the execution of the agreement may also rely on these general terms and conditions. If one or more (parts of) the provisions of these general terms and conditions are null and void or cancelled, the other provisions of these general terms and conditions shall continue to apply. The parties will then consult with each other to agree on new rules to replace the void or voided provisions, which will reflect the objective and purport of the void or voided provisions as closely as possible.

Offer, agreement and account: All offers, whether in the form of a quotation or otherwise, are entirely and unconditionally non-binding and revocable, unless indicated otherwise by Cartree b.v. in writing. All offers are valid only as far as stocks last. The prices stated on the website or in any other form of an offer are in euros and, unless stated otherwise, exclude 21% VAT, Motor Vehicle Tax, assembly, service, inspection and transport costs, as well as the cost of preparing the vehicle for use. If the criteria set by the government are met, the Other Party shall also owe the disposal contribution. All quotations by Cartree b.v. of numbers, sizes, weights and colours of the goods in the designs, drawings, illustrations, photographs or models shown or provided are indications only. A minor deviation from this in the delivered product does not lead to a breach of the agreement on the part of Cartree b.v.

Obvious clerical errors and mistakes in the offer are not binding on Cartree b.v. The agreement is concluded after both parties have signed a written offer, after Cartree b.v. has confirmed a written acceptance or after Cartree b.v., or a third party on behalf of Cartree b.v., has commenced execution of the agreement. The Other Party is only allowed to create a personal account by himself or by a third party with authorization of the Other Party. Each account must describe the identity of the Other Party. The requested data must be completed truthfully. The Other Party may therefore not create a fictitious character or represent another identity. It is not permitted to provide login data to third parties. It is not permitted to use log-in data of third parties to place, for example, advertisements or to purchase other goods and services offered. The Other Party is responsible for every use/activity that is performed via the Other Party’s account, with or without the Other Party’s permission. The Other Party is obliged to report all unauthorized use of the Other Party’s account to Cartree b.v. as soon as possible.

Execution and delivery: Cartree b.v. shall represent the interests of the other party within the limits of the assignment given. Cartree b.v. shall perform the agreement to the best of its understanding and ability and in accordance with the requirements of good craftsmanship. The Other Party acknowledges that Cartree b.v. has an artistic freedom in performing the agreement insofar as no specific features, functions or wishes of the Other Party have been laid down in the main agreement/quotation. All services by Cartree b.v. are performed on the basis of an obligation to perform to the best of one’s ability, unless and to the extent Cartree b.v. has expressly promised a result in the written agreement and the result in question has also been described with sufficient certainty. Cartree b.v. is entitled to carry out everything that has not been explicitly described in the order according to its own technical and creative discretion. The amount of the fee is therefore in no way dependent on the result of the assignment. The Other Party accepts that the time planning of the assignment may be influenced if the parties decide to change their approach, method or scope of the assignment and the work resulting from it in the interim. If the other party makes interim changes in the execution of the assignment necessary, Cartree b.v. shall make the necessary adjustments on the instructions of the other party. If this results in additional work, Cartree b.v. will charge the Other Party for this as an additional assignment.

Cartree b.v. may charge the other party for the additional costs of changes in the assignment unless the change or supplement is a result of circumstances that can be attributed to Cartree b.v. The latter situation does not lead to a reduction of the principal amount(s). The other party shall give Cartree b.v. the opportunity to carry out the assignment. The other party undertakes to cooperate as required for Cartree b.v. to perform the agreement. Cartree b.v. shall try to comply with the agreement within the indicated/estimated term. This term is not a strict deadline and the Other Party must always declare Cartree b.v. in default, allowing a reasonable time period before taking any remedial action. Cartree b.v. is free to have the

order and/or delivery carried out by third parties. Section 7:404 of the Dutch Civil Code is explicitly excluded from the agreement. Unless otherwise agreed, delivery shall be ex warehouse. The risk of loss or decrease in value of the goods to be delivered and installed or otherwise shall pass to the Other Party from the time that the Other Party has power over the goods. This is regardless of whether the transfer of ownership has already taken place.

If the Other Party does not pick up the vehicle within three working days after Cartree b.v. has notified the completion of the assignment or after the agreed delivery date, Cartree b.v. may charge the Other Party for storage costs or, in the absence thereof, a reasonable fee. The risk of damage and/or destruction within the period in which the vehicle is stored shall be borne by the client. Cartree b.v. may exercise the right of retention on the vehicle if and for as long as:

• The Other Party does not pay the costs of the work on the vehicle or does not pay them in full;
• The other party has not paid the costs of services and/or goods previously supplied by Cartree b.v. in full;
• The Other Party does not or not completely pay other claims arising from a non-contractual relationship with Cartree b.v.

Other claims resulting from a non-contractual relationship with Cartree b.v. The replaced parts become the property of Cartree b.v. unless the Other Party requested otherwise when placing the order. This request will not be complied with if parts must be separated due to warranty claims. In case of cross-border delivery, delivery is expressly made under Incoterms 2020-EXW (EX Works).

Retention of title: The ownership of the goods to be delivered, contrary to the actual transfer of power, shall not be transferred to the Other Party until the Other Party has paid in full all that owed or will owe Cartree b.v. under the agreement. This includes not only the purchase price but also any fines, additional costs or extrajudicial collection costs owed. As a result of this retention of title, the Other Party is not entitled to dispose of the goods or to encumber them with, for example, a pledge. In connection with the effectiveness of the retention of title, the other party undertakes to inform Cartree b.v. promptly and adequately in the event of impending bankruptcy, suspension of payments, debt restructuring or if third parties threaten to seize any of the goods delivered subject to retention of title. The other party is also obliged to insure the goods that have been delivered under retention of title adequately against third-party liability and theft and to have them maintained. Cartree b.v. shall not be obliged to indemnify the other party in any way for its liability as holder of the vehicle. The other party shall indemnify Cartree b.v. against claims that third parties may enforce against Cartree b.v. in connection with the retention of title. If the Other Party is in default with respect to any obligation under the agreement, the Other Party shall on Cartree b.v.’s request render all necessary cooperation to enable Cartree b.v. to dispose of the delivered goods without any problems. This includes the possible obligation to return the goods on Cartree b.v.’s request. If in case of sale of a vehicle with purchase of a used vehicle the other party continues to use the old vehicle in anticipation of the delivery of the new vehicle, the latter vehicle shall not become Cartree b.v.’s property until it has actually been delivered to Cartree b.v. During such use, all costs, in particular the costs of maintenance and any damage, regardless of the cause, including loss, including the failure to return the complete registration certificate, shall be for the account and risk of the Other Party.

Warranty and liability: The other party is obliged to check the delivery and implementation for conformity with regard to quantity and quality as soon as possible, but within 48 hours. If the performance does not satisfy the conformity agreed upon on the basis of the agreement, and there is therefore a defect, the other party is obliged to report this immediately. In the absence of timely notification, the rights of the other party will lapse and the implementation shall be deemed accepted.