General Terms and Conditions of Sale and Delivery

Forklift Outlet, located at 7102 JL Winterswijk (Netherlands), Tinbergenstraat 34, registered in the
register held by the Chamber of Commerce under registration number 71736549, applies the
following general terms and conditions:

Article 1: Definitions
In these general terms and conditions, the following terms shall have the meanings ascribed to them below:

Forklift Outlet
The entrepreneur who commercially purchases, refurbishes, sells, and/or recycles transport equipment.

Offer
Any quotation from Forklift Outlet regarding the sale and/or delivery of products.

Agreement
Any contract (including these general terms and conditions) concluded between the Client and
Forklift Outlet, any amendments or additions thereto, as well as all (legal) acts for the preparation
and execution of the contract, excluding an offer.

Distance Agreement
An agreement concluded between Forklift Outlet and the Client concerning goods/services as
described in paragraph 1 of this article, which has been concluded using an electronic technique and
system for the remote sale and communication of products organized by Forklift Outlet.

Products
All goods that are the subject of an agreement between the Client and Forklift Outlet and specified
in the order confirmation.

Conditions
These general terms and conditions of sale and delivery.

Client / Counterparty
The (legal) person who has entered into an agreement with Forklift Outlet or who has requested or
received an offer as referred to in paragraph 2.

Order
Any order for the supply of products as intended in paragraph 1 from the Client to Forklift Outlet.

Quotation Amount
The total amount specified in the offer for products as requested by the Client.

Additional Work
All deliveries and products not specified in the agreement between the parties and requested
additionally by the Client, or goods deemed necessary to achieve the final result as requested by the
Client or considered necessary by Forklift Outlet.

Prices
The agreed price as specified in the order confirmation by Forklift Outlet that the Client pays for
Forklift Outlet’s products.

Article 2. Applicability

2.1 These general terms and conditions apply to, and form an integral part of, every offer, quotation, and agreement related to products of any kind to be delivered by Forklift Outlet, unless explicitly and in writing otherwise agreed upon.

2.2 The Client accepts the application of these general terms and conditions by the mere fact of concluding an agreement with Forklift Outlet or accepting a delivery by Forklift Outlet.

2.3 These general terms and conditions also apply to agreements with Forklift Outlet where third parties need to be involved in the execution.

2.4 In case other terms and conditions are also applicable alongside these conditions, these general terms and conditions shall prevail in case of inconsistency.

2.5 Deviation from these general terms and conditions is only possible if expressly agreed upon in writing by both parties.

2.6 The applicability of any purchasing or other terms and conditions of the counterparty is explicitly rejected.

2.7 If one or more provisions in these general terms and conditions are wholly or partially void or nullified at any time, the remainder of these general terms and conditions shall remain fully applicable. Forklift Outlet and the counterparty shall then enter into consultations to agree on new provisions to replace the void or nullified provisions, taking into account to the greatest extent possible the purpose and intent of the original provisions.

2.8 If a situation arises between the parties that is not governed by these general terms and conditions, or if there is ambiguity about the interpretation of one or more provisions within these general terms and conditions, such situation shall be assessed or interpreted in accordance with the spirit of these general terms and conditions.

2.9 In case of a distance contract or a contract concluded outside sales premises, these general terms and conditions shall be explicitly made known to the Client electronically before the conclusion of the contract. The general terms and conditions are an integral part of the general information provided by Forklift Outlet and can be stored on a durable medium at all times, accessed, and downloaded from the website of Forklift Outlet.

Artikel 3. Offer/Quotation

3.1 All quotations/offers issued by Forklift Outlet are non-binding, unless expressly stated otherwise in an individually targeted written quotation.

3.2 The quotations are based on the data provided by the Client. When requesting a quotation or entering into an agreement, the Client must inform Forklift Outlet of all facts and circumstances that may affect the execution of the agreement, so that Forklift Outlet can prepare a thorough quotation.

3.3 All quotations/offers issued by Forklift Outlet are valid for a period of one (1) month from the date of the quotation or offer, unless a different acceptance period is expressly and in writing agreed upon. After this period, the quotations or offers expire automatically and no rights can be derived from them.

3.4 The quotation or offer includes a description of the offered product and/or service. The description is sufficiently detailed to allow the Client to make a proper assessment of the offer.

3.5 The prices stated in a quotation or offer include VAT but exclude government levies, any costs to be incurred under the agreement, including shipping and administration costs, unless stated otherwise.

3.6 A quotation or offer expires if the product to which the quotation or offer relates is no longer available in the meantime.

3.7 All indications in offers, quotations, agreements, and their appendices, such as images, drawings, dimensions, and colors, as well as the properties of any provided samples, serve as indications only. Variations are therefore not at the expense and risk of Forklift Outlet.

3.8 Forklift Outlet cannot be held to its quotations or offers if the Client can reasonably understand that they contain an obvious mistake or clerical error.

3.9 If the acceptance deviates from the offer included in the quotation or offer, Forklift Outlet is not bound by it, unless indicated otherwise.

3.10 A composite quotation does not oblige Forklift Outlet to perform a part of the assignment for a corresponding part of the quoted price.

3.11 Offers and quotations do not automatically apply to future orders.

3.12 Each quotation contains sufficient information for the Client to understand the rights and obligations associated with accepting the offer.

3.13 The agreement consists of these general terms and conditions as well as the order.

3.14 The agreement is only concluded after full payment has been made, unless there is a signed quotation.

3.15 The Client is obliged to inform Forklift Outlet about all facts and/or circumstances that may affect the execution of the agreement.

3.16 The agreement replaces and supersedes previous correspondence and agreements.

3.17 The Client is not allowed to transfer his rights and obligations under the agreement to third parties without prior written consent.

3.18 All items not mentioned in the quotation are additional work and will be invoiced separately.

Artikel 4. Prices

4.1 All prices stated in the agreement are in euros and include VAT but exclude other government levies. Additional costs such as shipping and administration or packaging are not included unless otherwise agreed.

4.2 Payments must be made by the Client at the agreed times. Forklift Outlet will only proceed with delivery after full payment is received, unless agreed otherwise.

Artikel 5. Execution and Amendment of the Agreement, Delivery Time

5.1 Delivery times are indicative and non-binding. Delay does not entitle the Client to compensation.

5.2 Forklift Outlet is only liable for delays after a written notice and reasonable grace period.

5.3 Delivery timelines begin only after the Client provides necessary information.

5.4 The Client must provide all relevant facts for proper execution.

5.5 Delivery occurs at the agreed location. Refusal or absence may result in storage at the Client’s risk and expense.

5.6 Delivery is deemed complete when Forklift Outlet offers the goods.

5.7 Forklift Outlet chooses the transport method and is not liable for transport damage or delays.

5.8 The Client must ensure proper access for delivery. Extra costs due to inaccessibility are borne by the Client.

5.9 The Client is obligated to accept the full order and pay the full amount.

5.10 In call-off orders, if not fulfilled within 3 months, Forklift Outlet can demand scheduling or cancel the agreement with damages.

Artikel 6. Obligations of Forklift Outlet

6.1 Forklift Outlet delivers products in good and proper condition.

6.2 It complies with applicable laws at the time of delivery.

6.3 It will point out known inaccuracies in orders.

Artikel 7. Payment

7.1 Forklift Outlet only delivers after full payment, unless agreed. The Client cannot set off claims.

7.2 Payments are by bank transfer. Forklift Outlet may request advance payment or security.

7.3 If payment is overdue, the Client owes 2% monthly interest or statutory interest plus €40 minimum collection fees.

7.4 All legal and extrajudicial collection costs are borne by the Client.

7.5 Payments are applied to costs, then interest, then oldest invoices.

7.6 Objections to invoices must be made in writing within 8 days.

7.7 Forklift Outlet may claim full damages for non-performance.

7.8 It may refuse payment allocation instructions from the Client.

7.9 The Client cannot suspend payments based on delivery timing.

7.10 Forklift Outlet may assess creditworthiness before agreement.

7.11 Discounts expire if payment terms are not met.

7.12 Filing a complaint does not suspend payment obligations.

Artikel 8. Suspension, Termination, and Interim Cancellation

8.1 Forklift Outlet may suspend or terminate the agreement if the Client fails obligations or if confidence in fulfillment is compromised.

8.2 Minor deviations or errors in offers do not justify termination.

8.3 Upon termination, all claims become immediately due.

8.4 No compensation is owed by Forklift Outlet upon termination.

8.5 The Client is liable for any damages caused by their termination.

8.6 Non-performance puts the Client in default after demand.

8.7 Forklift Outlet may terminate without compensation in case of default.

8.8 The Client must compensate damages in case of non-performance.

8.9 In case of liquidation, bankruptcy, or attachment, Forklift Outlet may terminate immediately.

8.10 Canceled orders will be invoiced in full.

8.11 Cancellations must be in writing.

Artikel 9. Force Majeure

9.1 Forklift Outlet is not liable if hindered by circumstances beyond its control.

9.2 Force majeure includes epidemics, strikes, war, transport delays, supplier issues, and government action.

9.3 In case of force majeure, obligations may be suspended or the agreement may be terminated without compensation.

9.4 Partial deliveries may be invoiced separately.

9.5 Weather delays do not entitle the Client to compensation.

Artikel 10. Retention of Title and Pledge

10.1 Products remain property of Forklift Outlet until full payment.

10.2 A pledge is established on unpaid goods.

10.3 The Client may not resell or encumber unpaid goods except in normal business operations.

10.4 The Client must protect Forklift Outlet’s ownership rights.

10.5 Forklift Outlet may repossess goods if payment is in doubt. Market value minus costs will be credited.

10.6 Third-party claims on unpaid goods must be reported to Forklift Outlet.

10.7 The Client must insure goods under retention of title.

Artikel 11. Warranty

11.1 Products are delivered in normal working condition for use in the Netherlands. No express or implied warranty is provided.

11.2 Illustrations, drawings, and advice are indicative and non-binding.

11.3 The Client must inspect goods upon delivery and report visible defects immediately.

11.4 Minor deviations are not grounds for rejection unless otherwise agreed.

Artikel 12. Liability

12.1 Forklift Outlet is only liable for direct damage due to intent or gross negligence.

12.2 It is not liable for damage due to incorrect information from the Client.

12.3 Liability is limited to the agreed price, excluding VAT.

12.4 Liability is limited to insurance payout if applicable.

12.5 Forklift Outlet is not liable for indirect damages.

12.6 No liability if damage is insurable by the Client.

12.7 Liability exclusions do not apply in cases of intent or gross negligence.

12.8 Risk transfers to the Client upon delivery.

12.9 The Client indemnifies Forklift Outlet against third-party claims.

12.10 Claims must be submitted within 3 months of damage.

12.11 Only the Client can derive rights from Forklift Outlet’s services.

Artikel 13. Confidentiality and Personal Data

13.1 Forklift Outlet will maintain confidentiality of Client data.

13.2 The Client must keep Forklift Outlet’s business information confidential.

13.3 This obligation extends to employees and third parties.

13.4 Personal data is processed in accordance with applicable laws.

13.5 Forklift Outlet secures electronic payments.

13.6 It cannot guarantee absolute security but takes reasonable measures.

13.7 The Client must ensure that shared data is properly secured.

13.8 Data breaches will be reported to the data controller without undue delay.

13.9 Requests under GDPR will be handled or passed on with possible fees.

13.10 Forklift Outlet’s liability for data processing is subject to these conditions.

13.11 All provisions on data protection apply as stated.

Artikel 14. Disputes and Applicable Law

14.1 Interpretation issues are resolved in the spirit of these terms.

14.2 Dutch law applies. The Vienna Sales Convention is excluded.

14.3 Disputes are submitted to the court in Forklift Outlet’s jurisdiction unless otherwise required by law.

14.4 Parties must attempt to resolve disputes amicably first.

14.5 Legal claims expire one year after execution.

14.6 The Dutch version prevails in case of interpretation issues.