METRO GROUP

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Tradecard Terms & Conditions

Makro’s Conditions of Use of Tradecard:

By signing the Tradecard and using it to obtain access to a Makro store, the business which is the Tradecard holder (the “Holder”) and any authorised user agree to be bound by and will observe and comply with Makro’s Conditions of Use from time to time in force. The Holder confirms that the registration information given to Makro at or before the time of signature is accurate. The Holder will notify Makro of any changes to any relevant information in writing.

1. Business to Business: The Holder confirms that at all times: a) he/she is actively engaged in the business(es) named and at the address(es) given at the time of registration. b) The authorised users are over 18 years of age and are directors, nominated managers, proprietors of the Holder or are otherwise authorised to purchase on behalf of the Holder.

2. Contract: Makro deals with the Holder, Makro’s contract is made with the Holder, regardless of who may pay for the goods, and only the Holder will be invoiced for goods purchased.

3. Business Use: Makro is a business to business wholesaler. The goods it offers for sale are intended for and sold to businesses on the condition that they are for re-sale, commercial or industrial use only. Private individuals may not make consumer purchases as Makro is not a retailer.

4. Restricted Entry: Makro is not open to the general public. Entry into Makro is permitted only to the authorised buyer named on the Tradecard. The Tradecard must be produced on all occasions for entry into Makro. Proof of identification may be requested by Makro. The Tradecard and rights conferred by it cannot be transferred to any other person and any unauthorised use will invalidate the Tradecard and may result in withdrawal.

5. Loss / closure: Loss of a Tradecard must be reported to Makro immediately. If the Holder’s business closes down, is sold or disposed of then he/she should notify Makro in writing immediately; in the event of closure or disposal, the Holder’s Makro account will be closed.

6. Withdrawal: The Tradecard remains the property of Makro at all times. The Tradecard and the rights that accompany it may be withdrawn by Makro at any time without any reason being given.

7. Legal Requirements: The Holder shall comply with and abide by all legal and Makro requirements and policies when on Makro premises or making purchases at any Makro store, including health and safety, security and food safety. No food or drink may be consumed on the premises save from sampling stands or in the coffee shop when purchased from the coffee shop. Any dropped food / spilled product should be notified to staff immediately.

8. Parking: Buying and/or parking on Makro premises is done entirely at the risk of the Holder, authorised user and any person accompanying them save for liability for personal injury or death arising from Makro’s negligence.

9. Marketing: Makro publications are subject to alteration at any time. Makro will communicate any errors that may arise by appropriate signage at the store entrance and on shelf edges and at www.makro.co.uk.

10. Opened Packs: If any authorised user (or guest) opens or damages any original package the Holder shall be bound to buy the whole package concerned at its full price.

11. Payment: All cash and carry purchases can be paid for in cash or by Mastercard/Visa Credit Card (excluding Tobacco products), Switch/Delta Debit Card or by cheques supported by a Bank Guarantee Card. Makro reserves the right to charge for credit card use (see in-store for details). Customers wishing to present cheques of larger amounts than the guarantee limit must make special arrangements with the store. Cash transactions over 15,000Euro may require proof of identity. Makro reserves the right to charge interest and costs of recovery for dishonoured cheques and other failed payments. For other Makro services’ payment methods, please see conditions relevant to that service.

12. Returns: By paying the invoiced amount the Holder confirms receipt of the goods. In respect of returns, Makro’s returns policy is available in store and at www.makro.co.uk and is incorporated herein and shall be binding on the authorised user. Damages or other mistakes must be notified before the authorised user leaves the premises where reasonably practicable.

13. Guests: The Tradecard allows admission to a maximum of two persons at any one time one of whom must be an authorised user. Any guest may assist the authorised user but is not authorised to make any purchases.

14. House Rules: Children are admitted to the food & non food departments, on the understanding that they are kept under strict parental control. Animals cannot be admitted inside Makro, guide dogs excepted. Smoking is not permitted.

15. Liability: The Conditions of Use are binding on each and every user. The Holder is bound by and liable for and shall indemnify Makro against any loss arising from any act or omission on the part of any authorised user or guest. In the event of theft, Makro will recover any loss it suffers via the appropriate civil and/or criminal legal action.

16. Title: Title to goods on an invoice shall not pass to the Holder until full payment has been received by Makro.

17. Data Protection: MAKRO will use personal data provided to ensure that authorised users get the most out of the Tradecard by providing news about Makro products and offers (by mail, email or SMS depending on what was selected when registering). Makro holds data securely and won’t share data with anyone outside the Metro Group of which Makro is a part. Authorised users can review data and ask Makro to amend or delete data; consent to Makro’s use of data can be withdrawn at any time. To know more please see Makro’s privacy policy at www.makro.co.uk or write to the MAKRO Data Protection Compliance Officer at Liverpool Road, Barton Moss Eccles, Manchester, M30 7RT.

18.1 Electrical Goods: Anyone purchasing a business to business electrical or electronic equipment product (as defined in the Waste Electrical and Electronic Equipment Regulations 2006, the “Regulations”) (“Product”) from Makro shall be responsible for the costs of collection, treatment, recovery and environmentally sound disposal of the Product and any product that the Product is intended to replace (“Replaced Product”) in accordance with the Regulations.

18.2 Anyone purchasing a Product from Makro shall not dispose of a Product or Replaced Product other than in accordance with the Regulations.

18.3 Anyone purchasing a Product from Makro agrees to indemnify and keep indemnified Makro from and against any and all loss damage or liability suffered and legal fees and costs incurred by Makro resulting from a breach of this clause

19. Other Services: Makro provides a number of other services such as delivery and internet sales. Please see www.makro.co.uk for the terms and conditions relevant to the service in question. These Conditions of Use and any specific terms per service shall operate in conjunction with each other.

20. Changes: If Makro intends to change the Conditions of Use, Makro will inform the Holder. If the Holder continues to use the Tradecard or does not object to such change within a period of two weeks after receipt of such notice, the change will be deemed accepted.

“Makro” and “Makro Cash & Carry” are business names of Makro Self Service Wholesalers Ltd Reg in England 973269 whose registered office is at Liverpool Road Barton Moss Eccles M30 7RT.

October 2011