YUMAC Tender Style Auction1 February 2012

GENERAL CONDITIONS FOR REGISTRATION AND PARTICIPATION (YUMAC RULE)

Before participating this Auction, please read the following conditions carefully and subscribe the application at the registration. Company and/or person subscribed the application will be considered as the participants who agreed with the conditions. Participation in the Auction is at your own risk. Participants shall take the responsibility for any injury or damages at the Auction. YUASA TRADING CO., LTD. (herein after reffered to as “YUASA TRADING” ). and/or its agent shall not take the responsibility for any burden that could have come along with the Auction.

1. REGISTRATION

In order to participate in the Auction, please contact YUMAC site office and make pre-registration. All applicants will be required to provide the following documents for registration to prove your bona fides. Pre-registration may be made via fax or with registration column on our web-site.

• Passport (for Non-Japanese applicants)
• Drivers' license or Identification with photo showing age and address of the applicant (for Japanese applicants)

New auction member will be selected under the following criterion. A new applicant is required to submit the following before the Auction. Please note that in the event of new Auction members registered during this Auction, such members may not participate this Auction

*  For new registry, pre-registration and deposit are required.

• Two referrals from YUMAC members or YUASA TRADING.
• Company profile (please fill in our questionnaire)
• JPY500,000 of deposit for participation (details will be provided by YUMAC site office)
  The deposit is to be remitted back to your account in case of no purchase.
  We shall make such refund on 31 May 2012 (Thu).

Other conditions not stipulated in this notice shall be complied with YUMAC rules. Please note that we can not clarify on the decision of member selection. Applicants may not be allowed to join YUMAC member as the result of screening.

2. DECISION OF SUCCESSFUL BIDDER

All equipment will be sold to the highest bidder. As the minimum price for each equipment is set by YUMAC, bidding may not be always successful. In the event that two or more participants submit the same bidding price, the successful bidder will be decided by lot drawing.
The method of bid is to fill in your register number and company’s name on the bid form and put it in the bidding box. This Auction is not a "Parade-Style" auction. In the event that the YUMAC site office can not contact the bidder due to the irregularities in the bid form, YUMAC site office will determine on whether to complete the bid.

3. BIDDING

All prices are indicated in Japanese Yen and Japanese Yen is the only currency accepted for all finance-related transaction.

4. NO WARRANTIES (As-Is Sale)

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YUASA TRADING and/or its agents shall not guarantee, express or implied, against the attribution of ownership, other rights, defect, etc for all equipment which are sold in this Auction. Please check the equipment by yourself before bidding, as all equipment sold is “As-Is”. YUASA TRADING and/or its agents shall not accept any cancellation, refunds and claim on the equipment

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After falling of the hammer or closing of the auction period, the successful bidder of such equipment shall be liable for all damages, including but not limited to the damages arising from seize-up, failure, oil leak and defective battery due to any factors of the time passage and weather, and the auction organizer and/or the exhibitors shall not be liable for such damages. If the equipment is in need of repair, the repair shall be set up by the successful bidder at his own risk.

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Especially, the auction organizer and/or the exhibitors shall not be liable for any trouble, including but not limited to accidents and seize-up when carrying the equipment out.

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The exhibited equipment may be inspected at each Auction site. The participants shall the responsibility for accidents or damages happened while in Auction. YUASA TRADING and/or its agents shall not bear such accidents or damages.

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The determination of equipment price shall be made on the basis of the equipment “As-Is”, regardless of model, type, model year, utilization, specifications, etc in machine list which is used as reference.

5. MISENTRY IN MACHINE LIST

With respect to the machine list on web-site and/or the related papers distributed at or transferred from the Auction sites, YUASA TRADING and/or its agents shall not be responsible for miss entry on model year, type, utilization, specifications of the exhibited machine.

6. PRICE & SHIPMENT

All prices are indicated in Japanese Yen delivered "Ex-Yard". The consumption tax shall be separately charged according to Japanese tax laws. All expenses such as transportation fee from YUMAC STOCK YARD etc. or exporting fee shall be borne by the successful bidder.

7. SHIPPING ARRANGEMENTS

All arrangements related to the transportation of successful equipment shall be made on the responsibility of the successful bidder. (Please consult with the YUMAC site office about the shipping arrangement, if necessary.)

8. PAYMENT

Payment terms: Advanced payment by wire transfer to the bank account mentioned below;

SUMITOMO MITSUI BANKING CO.,
NINGYOCHO BRANCH
CURRENT A/C No. 8701121
ACCOUNT NAME: YUASA TRADING CO., LTD.

100% of the contract amount shall be paid before 19 Mar. 2012 (Mon). Any equipment purchased during the Auction will be released at the Auction site only after the payment has been received in full by YUASA TRADING.
Any L/C(s) are not acceptable. Any illegal documents such as an under-valued Invoice are not to be issued by us.

9. LATE PAYMENT & CANCELLATION FEE

Overdue interest at the rate of twenty five percent (25%) per annum is to be applied to late payments. In the event of cancellation or default of agreement, fifty percent (50%) of contract price shall be paid as cancellation fee by the successful bidder. Overdue interest and/or cancellation fee shall be paid to the above bank account. I such cases, the ownership of the equipment still belong to YUASA TRADING. All suit stemming from this Auction shall be governed by Tokyo Summary Court or Tokyo District Court under the laws of Japan.

10. VEHICLE INSPECTION CERTIFICATE, CERTIFICATE OF ASSIGNATION AND OTHER NECESSARY DOCUMENTS

The request for the vehicle inspection certificate, certificate of assignation and other necessary documents for this Auction shall be made on or before 29 Jun. 2012 (Fri) (within 3 months after the completion of this Auction). Such a request thereafter is not acceptable. Please note that we can not present any documents which are not held by exhibitors. Automobile tax or other expenses incurred at the change of the fiscal year shall be born by successful bidder.

11. REMOVAL

All awarded equipment shall be removed from the auction site before 22 Mar. 2012 (Thu). YUASA TRADING and/or its agents shall not be responsible in any way for the equipment after this date.
The storage fee of JPY500 per unit per day will be imposed on all equipments after exceeding the time limit for removal.

12. TO COMPLY WITH THE LAWS FOR EXPORT

This Agreement shall be governed and construed under the Laws of Japan. Should any dispute arise in connection with this Agreement, Tokyo District Court, Japan shall exclusively have the jurisdiction over such a dispute. In the event of export of the awarded equipment, all export business shall be subject to approval of Japanese government for Export (<=Export License of METI (=Ministry of Economy, Trade and Industry).
The Laws of Japan stipulate that the E/L is necessary to make exportation for the purpose of the development, manufacturing, or storage of weapons for mass destruction such as nuclear, biological or chemical weapons and missiles or conventional weapons.