'NKK-SMS' Compact Strip Plant(Combination)

Sale Specific Terms

These terms are the sale specific terms as mentioned in article 1.1.18 of the terms and conditions below. This sale is a private treaty sale, as described in article 1.1.14 of the terms and conditions below. When a bid is accepted, a sales agreement will be made to be signed by the buyer and the seller. In the sales agreement, the buyer and seller will state the terms for payment and removal, that may deviate from the terms and conditions below.

Terms and conditions

The following terms and conditions ("terms") are the terms on which hilco industrial acquisitions bv (“hilco”), at jan van goyenkade 10-2, 1075 hp amsterdam, the netherlands, registered under the following number 60720700 at the chamber of commerce in amsterdam, sells equipment (defined below) at auctions (defined below) or by means of private treaty sales (defined below) and supersedes all other terms and conditions relating to the subject matter of these terms. These terms are the terms subject to which hilco shall, either on its own behalf or as agent for the vendor (defined below), sell equipment to a buyer (defined below) by way of auction or private treaty sale.

The buyer's attention is in particular drawn to the provisions of clause 8 and the buyer should note that:

All equipment is sold 'as is, where is' (with all faults, imperfections and defects) No guarantees and/or warranties are provided by hilco in respect of any equipment. It is the buyer's responsibility to inspect equipment prior to bidding on such equipment or making an offer in respect of such equipment. All sales are final – no exceptions. Sales may be subject to a buyer's premium (defined below), the rate of which will vary from sale to sale. All auctions (defined below) are subject to the conditions, valid in the country, where the auction takes place.

DEFINITIONS AND INTERPRETATION

The following words and phrases used in these Terms shall have the following meanings, except where the context clearly requires otherwise: "Advertising Material" means brochures, pamphlets, advertisements and any other marketing material (in both electronic and printed format) used by HILCO to market and promote the Auctions and/or any Private Treaty Sale;