SPECIFIC TERMS AND CONDITIONS
Auction timing:
Starts: Thu 10/06/2021 at 16:00
Ends: Thu 08/07/2021 at 16:00
Viewing conditions:
Viewing time:
by appointment
All lots viewings must be booked. Please contact: logistica@gobid.it – tel +39.0737.782080
Payment condition:
Deposit
The present auction is subject to a specific deposit for each single lot. The amount due is indicated in the lot webpages.
In order to enable the user's participation, deposit has to be paid in one of the following ways:
1- Via credit card on-line.
2- Via bank transfer to the following account:
MONTE PASCHI DI SIENA SPA
Fabriano Agency
IBAN: IT 43 K 01030 21100 000000414486
Swift/BIC: PASCITM1K07
headed to GOBID INTERNATIONAL AUCTION GROUP SRL
Reason: (auction number + lot number)
The deposit must be strictly credited before the end of the auction.
Once the deposit has been credited, the user will be enabled to participate in the auction.
To speed up participation in the auction, the user is advised to send a scanned accounting copy of the payment with the CRO code to: info@gobid.es
If the participants in the auction do not win any goods, the deposit will be returned within 20 working days from the auction deadline.
If, in the event of an award, after having paid the deposit, the bidder does not complete the purchase, this deposit will be retained.
In this case, the award will be attributed to the following best successful bidder who will have made an offer of an equal amount higher than the reserve price.
In the event of an award, the deposit will be used to pay the commission of the specialized company, as specified below.
Charges
The sale of the Lots will take place free of any charge and encumbrance.
Despite this, all taxes and duties relating to the award of each lot that are legally applicable will be borne by the successful bidders, who will also have to pay notary, registration and any other related costs with the award. In no case will the bankruptcy company bear any type of expense related to the award.
The order to cancel the charges will be issued only by the Court, once the effective accreditation of the transmission of assets has been made by the Curatela Bankruptcy, and, in the case of assets subject to privileged credit, the payment to the privileged creditor.
The bankruptcy trustee will ask the Court to cancel the charges and records of both foreclosures and those resulting from the insolvency procedure, the cancellation costs will be borne by the successful bidder.
Award of Lots
At the end of the auction, users who have made the highest bid for an amount equal to or greater than the reserve price will be sent a confirmation of the award with the instructions to make payments within the deadline.
In the event that the offer does not reach the reserve price, the award must be approved by the Curatela which may either refuse the offer or accept it and communicate the winning bid of the auction to the creditors, so that, in a period of 10 calendar days from the notification of the offer, the Creditor can submit an additional offer. If the Preferred Creditor presents an improved offer within the established period, the Curatela will agree to open a private auction on the gobid.es web page. This private auction will be limited exclusively to the person or company winning the auction and the creditor or person designated by the latter who must pay the amount of the security deposit specified in the auction conditions within a maximum period of 5 days. will manage according to the rules and customs of the entity in charge of the auction, the minimum sale price being the resultant of the best bid received by the last bidder (creditor or person designated by the latter).
If the security deposit is not credited in the indicated period, the offer will be canceled and the Curatela will approve the best bid of the auction.
At the end of the private auction, the Bankruptcy Trustee will declare the best offer approved in favor of the best bidder, with the effects and obligations provided for in the auction conditions.
Payment method
The security deposit will be used to pay the commission of the specialized company (Buyer's Premium), it being understood that any remaining part must be paid or the excess of the deposit returned to the contractor.
Any difference must be paid by bank transfer using the specified details or at the time of registration or upon receipt by the user of the award communication (see general conditions).
The successful bidder must credit the bankrupt company account, which will be indicated at the time of sending the award confirmation, the total price of the lot + VAT (if applicable) together with any taxes, ownership transfer costs, notary and deed any cancellations from the public registers of charges or encumbrances, which must be paid before the formalization of the public sale agreement. Once all the amounts have been paid, the property will be transmitted by notary, according to the procedures established by the Principal.
Payment deadline
Any difference in the Buyer's Premium payment must be paid within 10 working days of the award notification.
Payment of the hammer price must be credited within 10 working days from the notification of the award.
Property transfer
The transfer of ownership will take place through the notarial deed in the manner established by the Bankruptcy Trustee, only after the full payment of the hammer price, the commission (Buyer's Premium) and the expenses due. All costs must be assumed by the successful bidder.
Finally, the Principal will undertake to notify the Delegated Judge so that he in turn will cancel the detrimental registrations on the properties being sold. The cost of any cancellations will be borne by the successful bidders.
In case of failure to complete the transfer of ownership, the sale will be considered automatically resolved and the amount paid by the successful bidder as Buyer's Premium will be retained as a compensation penalty.
Other specific conditions
Buyer's Premium: A 5.00% + 22% VAT charge (where applicable) will be added to the hammer price of each lot. The buyer's premium will have a minimum amount of 1,000 euros (+ VAT, where applicable) for each lot with an estimate price higher than 100,000 euros and 100 euros (+ VAT, where applicable) for each lot with an estimate price equal to or lower than 100,000 euros (minimum commission).
Even creditors, in the event of an award either through an auction or a private auction, will be obliged to pay the corresponding Buyer's Premium.
Award Taxes: VAT and / or all those taxes that are applicable according to the legislation and the successful bidder will be applied.
Extra-Time: if a winning bid is made within 5 minutes before the auction closes, the time to place another bid will be extended by a further 5 minutes from the last bid received. So to the bitter end, for each winning bid received within 5 minutes of extra time, the time needed to make another bid will be extended by a further 5 minutes from the last bet received. Automatic bids in the event of a maximum bid (proxy bid) will also be considered winning bids.
The lots are sold seen and liked in the state in which they are found, with all the shares or rights to which they are subject and deriving from them.
Neither Principal nor Agent ensure the solvency of the debtor.
All costs generated by the sale will be borne by the successful bidder, including the costs of collection and handling, any costs of transferring ownership, notarial deed and any cancellation from any public register of the charges that affect the specific asset.
The sale of the goods is intended as forced and arranged for the goods seen and liked in the state of fact and law in which they are found. In the forced sale, the guarantee for defects does not take place. It cannot be challenged for damages.
Consequently, the existence of any defects or lack of quality or discrepancies of the thing sold cannot give rise to compensation, indemnity or price reduction.
Any liability on the part of the Assignee regarding the existence of third party rights on the goods sold is excluded.
The sale takes place with the obligation of the successful bidder to ascertain their compliance with safety regulations.
GOBID INTERNATIONAL AUCTION GROUP SRL declines all responsibility for any translation errors of the texts and material published online.
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