SPECIFIC TERMS AND CONDITIONS
Auction timing:
Starts: Mon 21/11/2022 orduak 15:00
Ends: Wed 21/12/2022 orduak 15:00
Viewing conditions:
Viewing time:
by appointment
All lots viewings must be booked. Please contact:
info@gobid.es – tel. +34.911.875.990
info@gobid.it - tel. +39.0737.782080
Payment condition:
Deposit
The present auction is subject to a specif deposit for each single lot. Amount due is indicated in lot webpage.
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.es
The privileged creditors related to the real estate sold in this auction are exempt from paying the deposit to participate in the auction of the lots on which they hold the credit. To participate in the auction, they must send an email indicating their position and send the required documentation for participation, except for the accounting copy of the payment. Preferred creditors will not be able to sell the sale to third parties if they are awarded, and they will be obliged to pay the Buyer’s Premium (commission for auction services) on the auction price.
If the participants of the auction do not win any goods, the deposit will be returned within 20 days from the deadline of the auction or if they expressly request it, without interest. The request must be sent in writing via email to the info@gobid.es management office and must be approved by the principal.
In the case of early return, the offer will be canceled and the right to award the contract will be lost if the first successful bidder fails.
If, in case of award, after having paid the deposit, the bidder will not complete the purchase, said deposit will be retained.
In this case the award will be given to the following best bidder who will have made an offer of an equal amount higher than the reserve price and who will not have required the early return of the security deposit.
Fees
The sale of the Lots will be realized without any burden and burden.
Despite this, all the taxes and duties relating to the award of each lot that are legally applicable, will be charged to the successful bidders, who will also have to pay notary fees, registration fees and any other relative costs with the award. Under no circumstances will the bankrupt company bear any kind of procurement expense. Furthermore, the buyer will be responsible for all the existing suspended amounts relating to the taxes on immovable property and on those taxes and expenses accrued and unpaid that are imposed on the assets.
Lots Awarding
At the end of the auction, users who have made the highest offer of an amount equal to or greater than the reserve price will be sent an award confirmation with the instructions to make payments within the set terms.
Participation Process
To participate in auction-bids, the user/subscriber is required to subscribe to www.gobid.es, entering his/her personal details, and is required to subscribe to the auction and accept the related terms and conditions.
The user’s/subscriber’s personal details entered during registration process on the site and auction-bids shall be the same to whom the lot shall be adjudicated to. All required payments, preceding and following the sale shall be settled by the registered user . Any eventual mandates or proxies shall not be taken into consideration prior to Consignor’s authorisation.
The user shall undertake to pay the security deposit via bank remittance on the current account indicated above.
The user shall undertake to specify the designation-number which he intends participating in and to provide a copy of the effected payment to be posted on info@gobid.es
The requested sum must be paid before the end of the auction.
Further to the security deposit, in order to participate in the auction the user/subscriber shall be required to provide the following documents via mail on info@gobid.es:
- If it is a PHYSICAL PERSON:
- Copy of a valid I.D. Document of the person who is to assign the lot
- Copy of the Tax-Code number
- Should bidder be married in community of property , he/she is required to provide personal information of his/her spouse posting a copy of the related I.D. Document (document is not binding for participation but will be request in case of awarding )
- If a COMPANY or BODY:
- Certificate of C.C.I.A.A. (Chamber of Commerce, Industry, Artisans, and Agriculture) demonstrating the creation of the company and powers assigned to bidder.
- Copy of a valid I.D. Document of the CEO or legal representative
- Copy of the Tax Code number of CEO or legal representative
- Duly authenticated translation of the Chamber of Commerce Certification, should the company by a foreign company
- Special Mandatory proxy received and authenticated by a notary should the bidder be in the person of a representative
Where relevant and in consistency to specific conditions, supplementary documents shall be requested which shall be added to the a.m. mentioned documents.
Irrevocable Purchase Bid
Completion procedure of Bids at auction opening price
The payment of the security deposit along with the formalisation of the registration to the auction – with expressed acceptance of the general and specific conditions of sale posted on line on www.gobid.it – as well as the provision of all the required supplementary documents by the user, as already specified above, shall be deemed equivalent to an irrevocable purchase-bid at the starting price fixed for each sale and shall itself be deemed a binding purchase contract on the part of the user.
Said offer shall be expressly officialised on the platform directly by the Consignee (auction-agent/Auctioneer ) via on-line, on behalf of the first user who will have completed the completion procedure described above.
Where more than one bidder have proceeded in officialising their irrevocable purchase-bid in accordance to the above mentioned conditions, and none of the bidders shall raise a bid on the platform, the highest bidder, and therefore the provisional ‘buyer’ , will be the first one in order of time:
- who will have carried out the procedure described above
The Consignee (Auctioneer) shall duly inform all bidders via any means whether they be or not the highest bidders in the formalisation of the aforementioned irrevocable purchase bid.
Formulation of overbids
The bid, formalised by the first bidder in line, may be outbid following various offers which may be formulated by any enabled user.
The user that wishes to be the highest bidder (and thus provisional purchaser), will need to have put up the highest bid on completion of the on-line auction.
Understandably, amongst the several participants/bidders bidding over the auction opening price, the user too will be recognised as the “first Bidder” and will be entitled to take part in the awarding of lots by bidding over the current price of the lot.
In order to be assigned with a lot up on sale, the users/bidders will be invited to raise their bids over the starting price (thus making at least one overbid) as according to the modes stated in general terms and conditions.
Payment Methods
The Buyer’s Premium payment must be made entirely by bank transfer using the specified details either at the time of registration or upon receipt by the user of the award communication (see general conditions).
The payment of the training price, together with any taxes, property transfer fees, notarial deed and any cancellations from the public register of charges or charges, may be paid at the time of the formalization of the public sale notice, according to the procedures established by mandator.
Payment deadline
The payment of the price for the adjudication of the lots, discounted by the cautionary deposit, can be paid at the time of the formalization of the awarding in front of the notary.
The Buyer’s Premium payment must be made within 10 days of the award communication.
Property transfer
Property transfer will occur after the full payment of awarding price and all expenses due by notarial deed in the modes indicated by the Principal.
The principal will communicate Delegate Judge to operate for the cancellation of prejudicial registration on the property goods subject of sale.
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 charge of 6,00% + VAT will be added to the price of each awarded lot.
The Buyer’s Premium will have a minimum amount of € 2,000 (+ VAT at 22% where applicable) for each properties in auction with an appraisal value most of € 50,000 and a minimum amount of € 500 (+ VAT at 22% where applicable) for each properties in auction with an appraisal value same or less of € 50,000.
Even privileged creditors, if awarded, will be obliged to pay the Buyer's Premium.
Goods subject to senior credit
The holder of the special privileged credit is given the option to assign the award to a third party.
The Receiver will inform the Privileged Creditor of the winning bid of the auction, so that, in a period of 10 calendar days from the notification of the offer, the Creditor can communicate its compliance with the offer or, if not, 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 among the bidders. This private auction will be limited exclusively to the person or company winning the auction and the preferred creditor or person designated by the latter, and will be managed according to the rules and customs of the entity in charge of the auction, given the minimum sale price on resultant of the best offer received by the last bidder (special privileged creditor or person designated by the latter).
At the end of the private auction, the Bankruptcy Trustee will declare the best offer approved in favor of the highest bidder.
The privileged creditor, once communicated that he improves the offer and subsequently retracts the amount that should be credited to him for the payment of the privileged credit, deducts the amount of the security that he should have credited to carry out the offer in the event in which he had not been a privileged creditor.
If, after the established period, no better offer has been presented by the privileged creditor, the Curatela Bankruptcy will declare the best offer of the auction approved, the creditor with special privilege having to concur to the signature for the cancellation of the registration or other charges, and receipt of the price up to the privileged credit limit.
In the event of the incumbent of the cretidore with a special privilege of the obligation previously provided for, the cancellation of the special privilege and other previous charges established in favor of insolvency credits will be granted, in the event, by the judge.
The privileged creditor, in the event of being awarded either through an auction or through the presentation of an additional offer to the best offer received during the auction phase or in a private auction, will be obliged to pay the corresponding Buyer's Premium.
Awarding Taxes: VAT and / or all those taxes that are applicable according to the law and the winning entity will be applied.
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 condisdered winnig bids as well.
Lots are sold as is. Viewing is reccomended.
All costs generated by the sale will be borne by the contractor, including the costs of collection and handling, any costs of transfer of ownership, notarial writing and any cancellation from any public register of the burdens on the specific asset.
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
Consequently the existence of any defects or lack of quality of the lots sold or differences, they cannot give rise to compensation, bonus or price reduction.
It is excluded any responisibility of the Agent about the existence of rights of third parties on the goods subject of sale (Art . 2920 Civil Code)
Language
GOBID INTERNATIONAL AUCTION GROUP SRL disclaims any responsibility for any errors in the translation of texts and material published online.