SPECIFIC TERMS AND CONDITIONS
FOR COMPLETE REGULATION, CONSULT SALE NOTICE PRESENT IN 'ATTACHED' SECTION
Auction timing:
Starts: Wed 14/12/2022 ore 15:00
Ends: Tue 17/01/2023 ore 15:00
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 deposit of EUR 11.000,00
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
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
In case participants will not award any lot, deposit will be refunded within 20 days from auction deadline, with no interests applied.
If, in case of awarding, after deposit payment, the bidder will not comply with the payment terms, the deposit will not be refunded.
Fees
Sale will be finalized by a notarial act and registration tax on buyer's expense.
Notarial fees, law taxes and all the other expenses related to the sale, fiscal or not, will be on buyer's expense.
he user who award the lots will have to pay the expenses within 90 days from awarding. Buyer's premium due have to be paid within 10 days from awarding.
Award
At the end of the preliminary investigation phase, the person who presented the best valid offer within the deadline for the end of the tender will be declared the provisional winner.
In the absence of bids, the user whose offer will form the basis of the auction will be declared the provisional successful bidder, according to the methods referred to in the previous point.
The term within which the contractor must pay the balance of the hammer price will start from the provisional award date.
The non-successful participants will be refunded the deposit paid by bank transfer within 20 working days from the deadline of the auction without interest.
In the event of non-compliance, the successful tenderer will be declared forfeited from the award, the deposit will be retained as a compensation penalty.
The Curatorship, as responsible for the sales procedure, may make use of the option provided for by art. 107 fourth paragraph of the bankruptcy law, and suspend the sale in the event of receipt of an irrevocable ameliorative purchase offer for an amount not less than ten percent of the offered price.
Right of first refusal
The award is subject to the condition precedent constituted by the failure to exercise the pre-emption right due to the company that currently leases the company branches. The right of first refusal will be exercised as follows:
• if the award should be pronounced in favor of a subject other than the holder of the pre-emption right, it will be the Trustee's responsibility to notify the same by Certified Electronic Mail of the report of the successful award within three days from the close of the auction, inviting the holder of the right of first refusal to exercise the same;
• the right of pre-emption may, under penalty of forfeiture, be exercised within the term of thirty days from the date of receipt of the communication from the Curator;
• the right of first refusal may be exercised by means of a declaration of offer to be sent exclusively by certified e-mail addressed to the pec of the procedure
• the offer declaration must necessarily contain information at least equal to those of the purchase offer which was followed by the award and the term for payment of the balance of the price will start from the pronouncement of the first award;
• the deed with which the pre-emption right is exercised must be accompanied, under penalty of ineffectiveness of the same, by a deposit equal to 10% of the offered price to be deposited by bank transfer to be credited to the current account of the Procedure;
• the Trustee, having received the declaration of exercise of the pre-emption right and the offer of the person entitled, will communicate the circumstance within three days to the provisional contractor and to Gobid Srl.
Payment deadline
Within the peremptory term of 90 days from the award or in any case within the date of the notarial deed. The amount actually taken over of the debt for severance indemnities, accruals, etc. will be discounted from the final auction price.
Buyer's Premium due has to be paid within 10 days from awarding.
Fees and expenses related to sale on buyer's expense (law fees, notarial fees, fiscal and non fiscal fees) have to be paid within 90 days from awarding
Property transfer
The Property transfer will take place by a Notary's Ministry deed, identified by the procedure, only after full payment of the hammer price, expenses and Buyer's Premium
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.
The court reserves the right to authorize the sale after verification of the contractor.
Additional specific terms
Buyer's Premium: A charge of 5,00% + VAT will be added to the price of each awarded lot.
The Buyer's Premium will have a minimum amount of 25 € (+ VAT at 22% where applicable) of each of the lots awarded or combinations as minimum commissions.
VAT: not due. Sale is subject to registration tax.
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.
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)
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
