SPECIFIC TERMS AND CONDITIONS
FOR COMPLETE REGULATION, CONSULT SALE NOTICE PRESENT IN 'ATTACHED' SECTION
Auction timing:
Starts: Thu 30/03/2023 hores 12:00
Ends: Tue 30/05/2023 hores 12:00
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 gathering is subject to a mandatory deposit of 10% of the starting price for each lot
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 gathering deadline.
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.
Participation Rules:
The sale will take place according to the following phases:
- Collection of irrevocable purchase offers (PHASE 1)
All bidders, except the subjects by law not allowed to take part in the gathering, after having joined the site www.gobid.it, will be required to send an irrevocable purchase offer at a free amount, trough compilation of offer form (published online as ALLEGATO B) and send it undersigned for acceptance of the conditions proposed, at the following address:
gobid@pec.it
in conjunction with the copy proof of the Bank confirming payment of the warranty deposit required.
Irrevocable purchase offers presenting by potential buyers must be accompanied by payment of securety deposit required, the payment of which will constitute, in itself, a formal commitment to purchase by the underwriter of each offer.
Best offer received at certified email address provided by agent may be used as an auction base price for a competitive sales experiment to be conducted on Platform.
Agent will be responsible for informing all tenderers in any way whether they are or not best bidders when formalizing the above-mentioned irrevocable purchase offer.
Principal reserves, at its sole discretion, the right to accept or not irrevocable purchase offers submitted by potential buyers. Bids that are not deemed to be appropriate will therefore be rejected by Principal, without any costs incurred by Procedure.
In the event of acceptance of the best offer, Principal will appoint agent at next sale, to be auctioned online on the basis of best offer received and whose specific terms are shown below.
Offers must be submitted in the manner specified in the attached offer form and must contain:
In the event of acceptance of the best offer, the Mandator will appoint the Assignee to carry out the subsequent sale, to be carried out by online auction on the basis of the best offer received and whose specific conditions are set out below.
The offers must be formulated according to the methods indicated in the attached offer form and must contain:
The price offered, together with the accounting copy of the bank transfer made as a security deposit.
Tenderers must also attach the following documents:
-
Copy of the Chamber of Commerce certificate dated no earlier than two months from the date of the tender or of the Chamber of Commerce certificate.
-
A certificate proving their registration, as a Boschiva company, in the Chamber of Commerce, Industry, Crafts and Agriculture dated no earlier than three months after the tender date. In the case of duly established companies, the said certificate must show that it was issued on the basis of deeds filed with the chamber itself and must indicate the person who is responsible for the legal representation of the company. The aforementioned certificate must be legalized by the Prefect of the Province responsible for the area if the tender takes place in a Province other than that of the Chamber of Commerce that issued it. De facto companies are excluded from the tenders.
-
A certificate issued by the Provincial Coordination of the Forestry Carabinieri of the territory in which they carry out their activity, dated no earlier than two months from the date of the tender, or a declaration of the same time explicitly affixed in a previous certificate certifying the suitability to compete for the auction experiment for lot put up for sale.
-
Accounting copy of the bank transfer made for the payment of the security deposit equal to 10% of the amount offered for participation in this sale.
-
Copy of the identity card of the person signing the offer representing the company and, if a person other than the legal representative, a copy of the deed or other equivalent document showing the relative powers.
-
A declaration in which the tenderer certifies that he has gone to the place where the use is to be made and that he has read the local conditions, all the general and particular circumstances relating to the use itself, as well as the Specifications.
-
A special power of attorney in the event that the competitor participates in the tender by means of his own representative. This power of attorney, duly legalized where necessary, must be attached in original to the award report.
The following cannot be admitted to the tender:
-
those who have ongoing disputes with the owner Body for other contracts of the kind, or who are in any case in dispute with the Body itself for any other reason;
-
those who have not paid the aforementioned Body the sums due based on the settlement of previous test reports of other sales.
The offer is irrevocable for 120 days from deposit.
Following the end of the collection of offers, the Extraordinary Commissioner will proceed to evaluate the irrevocable purchase offers collected by GOBID INTERNATIONAL AUCTION GROUP Srl, to verify their formal regularity and to determine the fairness of the amount offered for the purchase of the lot.
- Time auction exclusively online (PHASE 2)
In the event of multiple offers being accepted, the best offer received at the certified e-mail address provided by the Assignee may be used as the starting point for a competitive sales experiment to be carried out on the Platform.
This offer will be formalized by the Assignee, in the name and on behalf of the bidder, through an online bet on the platform, for an amount equal to the value of the aforementioned offer, while the other bidders will instead be invited to place a bid on the platform, according to the methods published online on the web page dedicated to the auction.
In order to identify the best offer received, please refer to what is indicated in the notice of sale.
The Assignee will take care to inform all the bidders in any way whatsoever of the fact that they are or are not the best bidders at the time of formalization of the aforementioned irrevocable purchase offer.
Award
At the end of the tender, the person who presented the best valid offer within the term of the end of the tender or any extension period will be declared the (provisional) winner.
In the absence of bids, the user on behalf of whom GOBID INTERNATIONAL AUCTION GROUP Srl has formalized the irrevocable purchase offer via online bid, as specified above, will be declared the (provisional) winner.
From the date of the (provisional) award, the successful tenderer will be considered bound by the full fulfillment of the obligations assumed towards the owner body, which however cannot be considered bound until the stipulation of the sales contract, which will be concluded on the basis of the timing and in the manner established by the Organization itself.
For the purposes of stipulating the aforesaid contract, at the time of the award or at the latest within ten days of the award, the successful tenderer must set up a security deposit in cash or in government or guaranteed bonds at the Treasury Fund of the owner body by the State at the stock exchange value on the day of the tender, to guarantee the exact execution of the contractual obligations in the amount of 10% of the contract amount; alternatively, it is possible to stipulate a specific bank guarantee policy
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 payment of the balance of the hammer price must be paid to the Treasurer of the Organization in the following ways:
- three installments: the first installment including the amount of technical and general expenses as per art. 2 of the tender specifications, added to 50% of the clearing price, upon stipulation of the contract; the second equal to 30% of the clearing price ninety (90) days after signing the contract and the remaining 20% one hundred and eighty (180) days after signing the contract.
The Buyer's Premium, plus VAT, must be paid by the successful tenderer within 5 days of the (provisional) award.
Collection conditions
Once the sales contract has been stipulated, the owner body will invite the successful tenderer to take delivery of the material sold within twenty days.
The delivery of the lot will be carried out by the authorized technician in charge together with a representative of the Organization who, after verifying the payment of the security deposit, will proceed with said delivery.
As part of the forest delivery operations, the limits of the forest will be jointly established after an inspection and a delivery report duly signed by the parties will be drawn up.
Subsequently, a copy of the invitation, the sales contract and the delivery report will be sent to the Provincial Coordination of the Forestry Carabinieri competent for the area, which will carry out all the operations of its competence regarding the control during use and subsequent. The Provincial Coordination of the Forest Carabinieri will also be able to dictate further requirements to be adopted in the felling, in the release of the dowry trees of the forest as a reserve, indicate the clearing roads and the viability of logging and transport of the assortments, in the duration of the period assigned for the felling and logging, in accordance with article no. 16 of the Specifications.
If the contractor refuses to sign the aforementioned report, the reasons will be specified in the report itself. However, if he refuses or conditions the taking delivery of the material sold, it is deemed not to have taken place.
In the event that the successful tenderer does not show up to take delivery and in any case this does not take place within the aforementioned limits, the duration of use and any other term and consequence deriving from the application of this notice of sale and the Specifications, they will take effect for all purposes from the twentieth day from the date of the (provisional) award unless otherwise indicated by the Extraordinary Commissioner, even if the delivery takes place later.
If three months have elapsed without the successful tenderer having taken delivery of the lot sold to it, the owner body may proceed in accordance with article 10 of the Specifications to terminate the contract with the consequent provisions and forfeit the security deposit and the provisional.
Additional specific terms
Buyer's Premium: A charge of 10,00% + 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: Value Added Tax at a rate of 22,00% will be calculated on the awarding price and added to it. (where applicable)
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.
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 responsibility 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
