SPECIFIC TERMS AND CONDITIONS
THE PRESENT AUCTION IS REGULATED BY THE NOTICE OF SALE ATTACHED IN THE SHEET OF THE AUCTION
Auction timing:
Starts: Thu 24/03/2022 ore 15:00
Ends: Tue 24/05/2022 ore 15:00
Viewing conditions:
Viewing:
The vision of the assets is subject to the payment of the amount of EUR 300,00 to be paid Via bank transfer to the following account:
FALLIMENTO N. 110/2017 FRECCO SPA IN LIQUIDAZIONE
Iban: IT 94 M 02008 03050 000105075062
this amount will be returned in case of participation in the auction.
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 deposit of EUR 420.000,00
- 10% of the starting value (price set as auction base), as a security deposit (equal to EUR 350.000,00);
- 2% of the starting value (price set as auction base), as a guarantee for the payment of the Premium Buyer's (equal to EUR 70.000,00).
In order to enable the user's participation, deposit has to be paid Via bank transfer to the following account:
MONTE PASCHI DI SIENA SPA
Agenzia di Fabriano
IBAN : IT 43 K 01030 21100 000000414486
Swift/BIC: PASCITM1K07
assigned to GOBID INTERNATIONAL AUCTION GROUP SRL
Deposit has to be necessarily credited before the auction deadline.
As soon as the deposit will be received, the user will be immediately allowed to bid.
In case of deposit payment via bank tranfers, in order to accelerate the participation, the user is advised to send an official proof of the deposit payment to the following address: info@gobid.it
If, in case of awarding, after deposit payment, the bidder will not comply with the payment terms, the deposit will not be refunded.
In the event of awarding, EUR 350.000,00 (10% of the starting value) of deposit will be charged as an advance on final price of awarding. In this way, Agent will take care to turn on Procedure account security deposit paid by buyer within established terms.
In the event of awarding, EUR EUR 70.000,00 (2% of the starting value) of deposit will be charged as an advance on final price of the Buyer's Premium.
Any surplus of the Premium Buyer’s paid by the bidder will be returned once the sales transactions are completed with the transfer of ownership.
Participation Process
To participate in the sale, the user must register on the website www.gobid.it, entering their personal data, request registration for the auction, accepting its terms and conditions.
The data entered by the subject during registration on the site and at auctions will be the same to whom the award will eventually be attributed and to whom the property will be registered. All required payments, both before and after the sale, must be made by registered parties. Any powers of attorney or proxies may be taken into consideration with the prior authorization of the Curator.
The user must pay the required security deposit, as well as the buyer's premium to be paid in advance as a guarantee, by bank transfer to the current account specified in the specific conditions of sale and on the registration page.
The user is required to specify the auction number for which he intends to participate and at the same time send an accounting copy of the transfer made to gobid@pec.it.
The deposit, as well as the buyer's premium paid in advance as a guarantee, must be strictly credited before the end of the auction, unless otherwise indicated in the specific conditions of sale.
In addition to crediting the security deposit and the buyer's premium paid in advance as a guarantee, the user, to be enabled to participate in the auction, must provide the following documents by uploading in the "My Documents" section or by sending to the gobid address @ pec.it
If the bidder is an INDIVIDUAL:
• Copy of a valid identity document of the person to whom the property will be registered (it will not be possible to register the property to a person other than the one who signs the registration, according to the procedure described below)
• Copy of the tax code
• If the bidder is married under a legal community of property regime, the corresponding data of the spouse must also be indicated, with the sending of the relevant copy of the identity document (document not binding for the purposes of qualification but required in case of award)
If the bidder is a LEGAL PERSON:
• updated Chamber of Commerce registration or certificate of the C.C.I.A.A.
• Copy of a valid identity document of the person who signed the offer representing the company and, in the case of a person other than the legal representative, copy of the deed showing the related powers
• Copy of the tax code of the person who signed the offer
• Any duly legalized translation of the chamber's certificate, if the company is not Italian
• Special power of attorney received or authenticated by the notary, in case of participation through a representative
Where required by specific conditions, additional documents will be requested which will be integrated with the aforementioned.
IRREVOCABLE PURCHASE OFFER
PROCEDURE FOR COMPLETING OFFERS AT BASIC AUCTION PRICE
The offer for competitive sale is irrevocable by law.
The combined provision of the credit of the security deposit, of the formalization of the registration for the auction - with express acceptance of the general and specific conditions of sale, published online on www.gobid.it - and of the sending by the user of all the supporting documentation required, as specified above, will be considered equivalent to an irrevocable purchase offer at the price set as the auction base for each sales experiment and will itself constitute a binding purchase commitment by the user.
This offer will be formalized on the platform directly by Gobid International Auction Group Srl through an on-line bet, on behalf of the first user who has completed the improvement procedure described above.
If there are more participants who have formalized their irrevocable purchase offer, according to the methods described above, and none of the bidders makes a raise on the Platform, the highest bidder and, therefore, provisional bidder, will be the one who, first, in time order:
- will have carried out the aforementioned procedure.
Gobid International Auction Group Srl will take care to inform all bidders in any way of whether or not they are the best bidders when formalizing the aforementioned irrevocable purchase offer.
Subsequent offers, to be valid, must exceed the best offer received, by an amount at least equal to the minimum raise and be received within the deadline for the end of the tender. They will be formalized directly by the user enabled on the www.gobid.it platform, in the manner published on the platform itself.
IRREVOCABLE PURCHASE OFFER - Participation in sale per person to be named
Participation in the auction per person to be nominated is allowed only with an offer presented by a solicitor with a special power of attorney, as required by art. 579, paragraph 3, c.p.c., and must be done by filling in a specific form provided by Gobid International Auction Group Srl by the bidder.
In the event of an award, the solicitor will have to make the declaration of appointment of the person for whom he has made the offer in compliance with the terms set out in art. 583 c.p.c. depositing the mandate; failing that, the award will become final in the name of the attorney.
Lots Awarding
After the auction deadline a provisional awarding confirmation will be sent to the user who will award the lot from which the user will have to comply with payments within the dates indicated. The provisional confirmation will be sent to the Principal who will inform, in accordance with art 107 L.F., each mortgage holder, or provided with special movable privilege, and to inform the Delegate Judge (Giudice Delegato) and the Creditors Comittee of the result of the procedure, by registering the related documents in Law Court.
At the end of the auction, subject to the presentation of an irrevocable offer for an improved purchase of not less than 10% of the price offered pursuant to art. 107 paragraph 4 ° L.F. that is received within 20 days of the provisional award, the final award will be made.
It should be remembered that since an irrevocable purchase offer is already present at the price of € 3,500,000.00, in the absence of further offers, the asset will be awarded to the person who has already submitted the offer, who will in any case have the right to participate to the tender and to make any raises.
Fees
Notarial fess, law taxes and all the other expenses related to the sale, fiscal or not, will be on buyer's expense. The user who award the lots will have to pay the expenses within 120 days from awarding. Buyer's premium due have to be paid within 10 days from awarding.
Payment Methods
All payments have to be made exclusively by bank transfer. Account details will be indicated whether at the time of registration or in conjunction with the awarding statement (in a private message to the user mailbox). (see General Terms and Conditions)
Payment deadline
The lots awarded by the user must be paid within 120 days of the award (provisional)
The Buyer's Premium due must be paid within 10 days of the award (provisional).
The expenses related to the sale to be paid by the buyer (tax and non-tax charges, statutory taxes, notary fees) must be paid within 120 days of the award (provisional).
Property transfer
The transfer of ownership will take place with a notarial deed at the expense of the buyer as a notary chosen by the buyer in the province of Perugia, only after or simultaneously with the full payment of the hammer price, expenses and the Buyer's Premium, while the Judge will order the cancellation. pursuant to art. 108, paragraph 2, L.F. of all mortgage registrations and all registrations burdening the asset. The real estate is sold free from mortgage registrations and foreclosure transcripts if existing at the time of sale, any registrations and / or transcripts of foreclosures, and / or seizures, as well as expenses related to any other encumbrances, will be canceled by and buyer's expense. If the property is occupied by the debtor or by third parties with or without title, the release of the property will be carried out by the procedure. Notary fees, statutory taxes and all expenses related to the sale, fiscal and non-fiscal, will be borne by the buyer.
For all that is not foreseen here, the current laws apply.
In case of lack property transfer finalization, the sale will be canceled and the amount paid by the user who awarded the lot as Buyer's Premium will not be refunded, as a penalty.
Additional specific terms
Buyer's Premium: a percentage charge + VAT will be applied according to the modes shown in the following table:
|
DECREASING BUYER'S PREMIUM WITH GRADUAL STAGGERS |
|
|
From - to |
€ 0,00 |
€ 5.000.000,00 |
1,5% |
|
Beyond |
€ 5.000.001,00 |
|
1% |
The calculation base of Buyer's Premium is divided into different staggers each one corresponding to a rate decreasing when staggers increase.
For each awarding price, the corresponding Buyers' Premium will be given by the sum of the commissions calculated on the referring stagger, according to the modes indicated in the table above.
VAT: Sale is subject to registration tax. If the sale is subject to VAT, the party is required to pay it within the terms established for the payment of the hammer price.
Extra-Time
In case a winning offer will be submitted within 5 minutes before the auction deadline, the time to place another bid will be extended for 5 more minutes from the last bid received. Every other winning bid submitted within 5 extra-time minutes, will extend the time for placing another bid for 5 more minutes from the last bid received and so forth. Automatic overbids in case of maximum bid (proxy bid) are considered winning bids as well.
Lots are sold as is. Viewing is reccomended.
It is pointed out that some assets of the agricultural branch are the subject of a loan agreement.
The sale of the goods is forced (Art. 2919 c.c.) it is arranged for goods as is, in the rule of law and fact. In the forced sale it is not valid the warranty for vices. It cannot be contested for damages (Art. 2922 c.c.)
The sale occurs with obligation for the user who award the lot to check of the compliance with safety norms.
Lots are sold as is, in the state of facts, with all related competences and servitudes, and in bulk sale, with no warranties for faults (La vendita dei beni avviene nello stato di fatto e di diritto in cui gli stessi si trovano, con tutte le eventuali pertinenze, accessioni, ragioni ed azioni, servitù attive e passive. La vendita è a corpo e non a misura, e senza alcuna garanzia per vizi od altra mancanza).
Abuse, violations, liens, regulatory compliance
For more information about any abuse, violations, liens or lack of compliance with regulations and for all information of the lots subject of the present sale, please refer to the appraisal.
In case of insurgency of any controversy related to the interpretation of the dispositions included in the general and specific terms present in the website translated in different languages, it will be applied the Italian language version of such texts
