EXXARO COAL (PTY) LTD GROOTEGELUK COMPLEX

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1 Bid No: Annexure A : Registration Date: Personal Contact Details/Persoonlike Kontak Details Name/Naam Surname/ Van Cell No./ Sel Nr ID No/ ID nr / E-Pos Adress/Adres Postal Address/ Pos Adres Business Information/ Besigheids inligting Reg Name/Naam Trading As/Handeldrywend as: Entity Registration/Besigheids Registration CC/BK Company/Maatskapy Trust Other/Ander Registration No. / Registrasie Nr. Vat Nr. / BTW No. Address/ Adres / E-Pos Tel Nr/ Tel No Fax Nr/ Faks No. Reg Fee/Fooi Paid Refund Signature / Handtekening Signature / Handtekening (Received Reg Fee Back} By signing this document I bind myself to the terms and conditions / Met tekening van hierdie document is ek gebind tot die termes en voorwaardes van hierdie dokument.

2 Annexure B: Terms and Conditions 1. The purchaser acknowledges that the conditions of sale of Exxaro which were read out in public are applicable to the purchase of the property set out in this document and that these conditions are binding upon the purchaser as if the same were repeated herein with the understanding that nothing contained herein shall prejudice any obligations which he may have arising from a separate purchaser s agreement concluded with the auctioneer 2. The purchaser acknowledges that the property mentioned on the reverse hereof (or the abovementioned property) is the property which he purchased and that he is satisfied in all respects with the condition and quality thereof and that it is suitable for the purpose for which he purchased it. 3. Every sale shall be subject to the control of the auctioneer, who shall have the sole right to regulate the advance in the bidding. Every bid shall constitute an offer to purchase the property for sale at the bid amount. 4. The highest bidder at any sale shall be the person indicated by the auctioneer by the fall the hammer or by such other means as he may select. In the event of a dispute arising between the auctioneer and a bidder, or between any two or more bidders, the auctioneer shall have the right to declare the sale to be of no force or effect and to resell the property in question. 5. Unless otherwise expressly stated by the auctioneer, every sale shall be a sale with reserve and no sale shall be concluded until communication by the seller or by the auctioneer on his behalf of the seller s acceptance of the highest bid. In the case of a sale without reserve, a sale shall be concluded immediately upon the acceptance by the auctioneer of the highest bid. 6. The auctioneer may refuse any bid without being obliged to give any reason for such refusal, and he may likewise not proceed with the sale of any property, at any time prior to the conclusion of a sale thereof, in which event he shall not be liable in damages, for any cause whatsoever, to any person by reason of the sale not being proceeded with, whether it has been advertised to take place on a specific date or not. 7. All property sold, unless expressly stated by the auctioneer to the contrary, is sold without any warranty on an as is basis as the goods are to be purchased at a public auction as provided for under Section 55(1) of the Consumer Protection Act 168 of The obligation vest with the Purchaser to acquaint himself fully as to the suitability for which the goods to be purchased is intended; the quality of the goods and the durability thereof with the property and with all its defects, whether latent or patent, No guarantees are given in this regard and no description other than an official written description will be accepted as correct. The auctioneer shall not be personally liable in consequence of any representation made by him at or before the sale nor shall he be personally liable for breach of any warranty given by him, whether in regard to his authority

3 to sell the property in question or in regard to the quantity, quality or condition of the property in question. The Seller shall further not be liable to the purchaser for any indirect or consequential loss (including loss of profit or economic loss.) arising out of connection with this agreement. 8. As soon as a lot has been knocked down ownership and risk shall pass to the buyer and and no complaints will be considered thereafter. Once a bid has been made, it may not be withdrawn, unless it has been made and accepted as a bid that was made in error by the auctioneer. 9. The purchase price of all property sold, unless the contrary is expressly stated by the auctioneer, shall be paid by the purchaser, in cash, to Exxaro, immediately after the sale and, in the event of the purchaser failing to pay, the auctioneer may cancel the sale and resell the property in question. 10. No lot purchased may be removed until the close of sale. The release of any lot purchased will only be given upon production of an (the seller) invoice with an official PAID stamp at security. 11. The seller will in its discretion provide assistance with the loading or removal of goods purchased. 12. Vehicles and equipment of buyers, their representatives and/or workers, are permitted on the premises of the seller at their own risk only and the seller assumes no responsibility for their safety or for the safety of their property. 13. The purchase price plus VAT is payable by the purchaser to Exxaro in cash or bank guaranteed cheque on the date of sale, electronic funds transfers will be allowed, items will only be removed from Exxaro properties once electronic funds transfers be cleared by Exxaro s Finance department. Exxaro employees may submit their recognition vouchers as a form of payment. 14.Items will only been released once payment reflects in Exxaro s banking account, upon to collection invoice to be submitted before items will be released. Any dealer or individual that fails to collect the goods before the deadline of 21days without prior arrangement, forfeit the sale, and will not be allowed to purchase from Exxaro at any subsequent auction. The purchaser shall be bound by all announcements made by the auctioneer at the commencement of and during the sale whether or not he/she is present at the time of making such announcements. The purchaser shall further be subject to all internal safety rules and regulations of the Seller when entering on the premises where the auction is to take place. 15. The purchaser to this indemnifies and hold the seller his agents and employees hereunder against any claim for loss or damages suffered whilst on the auction premises. 16.ALL BIDS EXCLUDE VALUE ADDED TAX! 17. Should the purchaser be a company (or close corporation) of which the signatory of the the invoice is a director or shareholder, then the signatory hereby binds himself to the auctioneer as surety and co-principal debtor of the auctioneer with the purchaser

4 in solidum for the due fulfillment of the conditions hereof and for payment of the the purchase price mentioned in the invoice on demand. 18. In the event that the purchaser acts as a nominee, the purchaser shall be entitled, by notice in writing to the seller, to nominate a nominee in his place as purchaser, upon the following terms and conditions: a) the aforesaid notice shall be handed to the seller by no later than close of business on the date of acceptance; b) the notice shall set out the name and address of the nominee so nominated as purchaser; c) the notice shall be accompanied by the nominee s written acknowledgement: that it is fully aware of all the terms and conditions of the sale at if fully set out in such written acknowledgement; and that it is bound by the provisions of this sale as the purchaser; d) should the purchaser nominate a nominee in terms of this clause, then: all references to the purchaser in this sale shall be deemed to be a reference to its nominee; and the purchaser by his signature hereto, hereby interposes and binds himself as surety and co-principal debtor in solidum for and on behalf of all the obligations of the aforesaid nominee as purchaser, to and in favour of the seller, for all the purchaser s obligations, including damages, and renounces the benefits of division and excursion. 19. A Yellow bid card will be issue to all potential buyers on mobile equipment A deposit of R (ten thousand rand zero cents) to be paid by potential buyer to bid on mobile equipment. Exxaro Employees will be exclude of paying the deposit of R in order to qualify the Exxaro employee needs to provide his/her employee identification card. Exxaro have the right to scrap the item after 14 days if no proof of ownership has been received. Proof of change of ownership to be forward to within 14 days. A white bid card will be issue to all potential buyers on non-mobile equipment 20. A deposit of R1 000 (One thousand rand zero cents) to be paid by potential buyer to bid on non mobile equipment. Exxaro Employees will be exclude of paying the deposit of R The following FICA requirements are applicable: a. ID Document and copy of VAT certificate are required for registration purposes. b. The Rules of Auction comply with Section 45 of the Consumer Protection Act, Act 68 of 2008 c.according to Regulation 26(2) of the Consumer Protection Act all prospective buyers must hand in the necessary FICA documentation with Registration. 1.PRIVATE PERSON as well as the person registering on behalf of a third party. 1.1 Copy of identity document. 1.2 Proof of physical address not older than 3 months. 2.CLOSE CORPORATION 2.1 Founding document. 2.2 Copies of identity documents for all the Members. 3. COMPANY 3.1 Certificate of Incorporation

5 3.2 Copies of identity documents for all the Directors; 3.3 Copies of identity documents for all the shareholders 3.4 Proof of physical address. 4.TRUST 4.1 Copy of Trust Deed; 4.2 Copy of Letter of Authority to act on behalf of the Trust; 4.3 Copies of identity documents for all the Trustees. 4.4 Copies of identity documents for all the Beneficiaries. I, ID no. hereby accept and understand the general conditions as set out above. Signed on day of at Exxaro Grootegeluk Complex, Lephalale Signature: Document Number: SCM-DT-S Revision: 1

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