34190: Carretillas elevadoras Linde - Bienes de equipo procedentes de arrendamiento financiero - Intrum Italy S.p.A. - Venta 2

SPECIFIC CONDITIONS OF SALE AND COLLECTION OF ASSETS

By submitting the bid, the bidder declares that they have fully reviewed and fully accept these conditions of sale and all documentation made available. If a sale notice attached to the auction/listing sheet is present, by submitting the bid, the bidder declares that they have reviewed and accept the conditions set out therein, with respect to which these conditions of sale are to be understood as an extract. The bidder further declares that they have examined and accepted all documentation made available for the purposes of participation

AUCTION No. 34190

GOBID INTERNATIONAL AUCTION GROUP srl, (hereinafter also "Auction House") acting as agent without representation of Intrum Italy S.p.a. for the management of the sale procedure of the movable assets of auction 34190.


GIVES NOTICE

that the sale of the assets as listed in the Lot Catalogue will end on mar 24/11/2026 horas 11:00 and will take place through its portals www.gobid.it and/or www.gobidreal.it under the procedures and conditions set out below.

Article 1. PARTICIPATION, DEPOSIT AND INSPECTION OF ASSETS
 
 1.1 It is the duty of each participant to inspect in advance and carefully the individual assets offered for sale as indicated in the documents made available and in the lot catalogue prepared by the Auction House. It is specified that the description and images on the portals are provided for illustrative purposes only and therefore may not be considered grounds for termination of the sale nor for objections by the successful bidder.
 1.2 In order to participate in the auctions, initial registration on the website www.gobid.it and/or www.gobidreal.it is required, and subsequently further registration for the individual auction.
 1.3 Payment of a security deposit will be required, as indicated in the sheet for each lot.
Payment may be made by bank transfer to the account current account MONTE DEI PASCHI DI SIENA – Fabriano Branch – ABI: 01030 – CAB: 21100 – CIN: K – IBAN: IT 43 K 01030 21100 000000414486 – BIC/SWIFT: PASCITM1K07 in the name of GOBID INTERNATIONAL AUCTION GROUP srl

Payment of the deposit is an essential condition for being enabled to submit bids and must be credited no later than the end of the auction. If the asset is not awarded to any participant, the deposit will be returned within 20 working days from the final deadline of the auction without interest. In the event of award of one or more lots, the deposit will be returned only after the buyer has collected the assets purchased at auction, subject to authorization by the owner. If the successful user delays collection, the deposit may be retained to cover any costs for occupation of spaces and assistance with collection of the assets, as well as any services provided by the Auction House.
 
1.4 Only legal entities with a VAT number and qualifying as Professionals (who purchase the assets solely for professional use and not for private use) under Legislative Decree 206/2005 will be admitted to participate in the auction. To participate in the auction, legal entities must also send an updated copy of their company registration report to: [email protected]. In the case of sale of registered movable assets entered in the P.R.A., only users resident/having their registered office in Italy will be admitted to participate in the auction. In any case, Gobid reserves the unquestionable right to consider ineffective any bid submitted by parties intending to initiate the procedures necessary to export the auctioned vehicle abroad. In the event of false and/or incorrect and/or incomplete information regarding the required Professional status, the declaring party will be removed from the auction, with the impossibility of participating even in future in any further sales organized by the Owner. Furthermore, GOBID INTERNATIONAL AUCTION GROUP srl reserves the right not to allow participation in the auction to users who have previously been in default, who have engaged in improper conduct or made improper use of the platform www.gobid.it and/or www.gobidreal.it, or for any other reason relating to the user. The deposit referred to in point 1.3 will be retained as a penalty as partial compensation for the damage suffered, without prejudice in any case to the right of the Auction House and the owner to take legal action for compensation of further damage. 
 1.5 A bid validly submitted in accordance with the procedures described above must be understood as an irrevocable offer, pursuant to Article 1329, paragraph 1, of the Italian Civil Code, from the moment of its submission until the end of the sale procedure and any award.
1.6 The assets subject to the auction are located in the municipalities indicated in each lot sheet. To inspect them, it is necessary to contact the Auction House well in advance to arrange an appointment on one of the scheduled dates. For this purpose, interested parties must send an inspection request to the email address [email protected]. The inspection date will be set by Gobid in agreement with the depositary and will be communicated by email.


Such request must indicate:


 

  1. The code of the auction of interest;
  2. the person who will carry out the inspection (with the relevant identification document attached);
  3. the declaration that the inspection is carried out at their own risk, simultaneously releasing the owner and the Auction House from liability, without opening or dismantling equipment and/or machinery and/or systems;
  4. the indication of their email address to which the Auction House will send written authorization for the inspection, which will take place under the supervision of the Auction House's personnel and/or a person delegated by the owner (custodian).

 
In case of participation, if the user cannot take part in the viewing, he/she accepts to receive the asset by virtue of the clause "seen and liked in the state in which they are found", as provided in point 6.1 of these conditions.



Article 2. CONDITIONS OF SALE

 
2.1 The Auction House reserves the right to decide whether to proceed with the sale of the goods by preparing different lots, each containing individual goods or combinations of goods, or the creation of a single lot (complete lot) containing all the goods of the auction together with the formation of individual lots composed of the same goods considered as a whole. The choice regarding the structure of the auction will be made at the discretion of the Auction House, subject to agreement with the Owner.
 
Bids on the Complete Lot: If no bid is received on the complete lot (Lot 0), the individual lots and/or combinations will be awarded.
If bids are received on the complete lot (Lot 0), the Owner at the end of the auction reserves the right to award or not award this lot based on the values reached by the individual lots. 
 
In any case, whatever the method chosen for conducting the auction and for the award, users are required to accept the terms and conditions of use of the platform www.gobid.it and/or www.gobidreal.it, as well as the specific terms and conditions of the auction.
 
2.2. To ensure maximum competitiveness and ensure maximum realization for the owner, online auctions are subject to the "Time Extension" or "Extra-Time" rule; this means that if the potential buyer places a bid for a lot during the last five minutes of the auction, the conclusion of the auction for that lot is extended by a further five minutes, thus allowing competitors to bid again. For this reason it is not possible to establish a certain closing time for our auctions.
2.3 The auction is subject to a reserve price: if the reserve price is exceeded, the asset will be awarded to the highest bidder, subject to verification of bankability and reliability of the winning bidder carried out by the Owner, whose possible negative outcome may in itself be cause for non-assignment of the asset, not contestable by the User. For the purposes of the above verifications, the Owner reserves the right to request, through the Auction House, the documentation needed for this.
In any case, the owner undertakes to communicate any impediments to the award after 15 working days from the close of the auction. If, conversely, the winning bid of the auction does not exceed the reserve price, the owner will be free to accept or not accept the bid received at its sole discretion, undertaking to communicate its decision to the Auction House and the winning bidder after 15 working days from the close of the auction. 
2.4 In case of confirmation by the owner, and following the positive outcome of the verifications referred to in point 2.3., the award will be considered definitive upon full payment of the price, including the costs for the sales service, within the terms indicated in this document and better specified in the following article "Payment methods and terms".
2.5 The costs for the sales service provided by the Auction House (Buyer's Premium), equal to 10% of the sale value of the asset, are charged by the owner to the winning buyer, who, by virtue of express active delegation, will pay them directly to the Auction House together with the purchase price. In any case, it is specified that the above auction commissions may not be less than € 100.00, plus VAT (minimum service commissions) for each lot or combination of lots awarded.

Article 3. PAYMENT METHODS AND TERMS

 3.1 The winning bidder undertakes to pay in full the amount due (including the sale price plus VAT if due, as well as the costs for the sales service plus VAT) within 5 days from confirmation of the auction award and, in any case, from the moment the Auction House sends the payment notes to the winning bidders, by bank transfer made out to the Auction House.
 Following confirmation of the award, the Auction House will communicate to the winning bidder the specific instructions for making the payment. All tax and legal charges relating to the transfer of the goods are entirely borne by the winning bidder and must be settled within the terms indicated by the Auction House.
 3.2 The winning bidder, if necessary, may be asked, as counter-evidence, for the bank transfer receipt and the CRO number.
 
Article 4. DEFAULT OF THE WINNING BIDDER

4.1 In case of non-payment, even partial, within the terms indicated by the Auction House (the date indicated on the bank transfer receipt shall be decisive) due to act or fault of the winning bidder, the latter shall automatically forfeit the award without need for further communication and/or prior formal notice; in such case, the deposit paid for participation in the auction shall be retained as a penalty, without prejudice to the right to compensation for greater damages.
4.2 In such case the Auction House, in agreement with the owner, may, at its sole discretion, hold a new auction, or proceed with the award in favor of the party that submitted the second highest bid compared to that made by the forfeited winning bidder.
4.3  The sale shall be deemed terminated by law and the user shall be considered forfeited from the award, without need for further communication and/or formal notice; the forfeited winning user shall be excluded from participation in subsequent auction experiments relating to the same Owner; the same shall also be precluded from the possibility of participating in subsequent experiments, as well as in further auctions concerning goods of the owner, even different from those subject to this sale.

Article 5. COLLECTION AND DELIVERY OF GOODS
 
5.1 The owner consents that dismantling and loading operations may begin from the first useful day following the completion of the sale, in any case subject to agreement with the custodian of the premises, where necessary, and according to the latter's availability. Therefore, following full payment of the amount due, the lot will be made available to the winning bidder.
5.2 The collection operations, started within the terms and in the manner indicated above, must mandatorily end within and not beyond 30 days from completion of the sale.
5.3 Failure to comply with the final deadline for collection as indicated in point 5.2 above will result in the application to the winning bidder of a penalty of € 100 for each day of delay.
5.4 Except in the case of late delivery by the holder to which the winning bidder has not contributed, if the owner allows, upon justified request of the winning bidder, extension of the deadline for taking delivery of the asset, the buyer shall be required to pay any additional expenses that burden the seller for storage, custody and insurance of the goods themselves, for the entire duration of the extension.
5.5.Once the sale is completed following full payment of the price to the Auction House and in any case after invoicing, the winning bidder shall become, for all legal purposes, the owner of the asset, and therefore any risk or liability pertaining to the purchased asset shall burden the same – including the risks of deterioration, damage and destruction of the goods from the moment of delivery, even if the same decides to use the services of a carrier or freight forwarder. Furthermore, from the moment of taking delivery of the goods by the buyer, all ordinary and extraordinary maintenance, all charges and liabilities deriving from possession of the goods, including towards third parties, including legal obligations for diligent custody of the goods, safety and hygiene at work, shall be exclusively borne by the buyer.
5.6 In any case, after 15 days from the expiry of the final deadline as determined in point 5.2 above without the winning bidder having collected the awarded goods, the owner may retain the sums paid by the defaulting winning bidder and arrange a new sale of the awarded asset (or dispose of the goods in order to free the premises) reserving the opportunity to take action against the defaulting successful bidder to obtain compensation for the damage suffered.
5.7 In addition, any other cost and expense to be incurred if the need arises (among many and merely by way of example) for duplicate documents, etc., shall be fully borne by the successful bidder.
5.8 Any possible cost for disassembly, classification, list of parts and components of the purchased machinery, as well as any cost for decontamination from oils, special liquids or other materials that impose specific disposal obligations, in addition to removal of the goods from the place where they currently are and transport to destination, shall be borne by the successful bidder. It is further specified that any activity related to moving, loading onto transport vehicles, transport, any disassembly of the goods necessary for their transport or even just for taking delivery of them, shall be entirely at the care, expense and risk of the successful bidder, even if specific instructions from the manufacturer of the goods regarding such operations are not available or obtainable. In the case of sale of registered movable goods, if the vehicle is damaged or not compliant with mandatory rules governing road traffic, the purchaser will collect the non-compliant vehicle using a dedicated vehicle transport service.
5.9 The personnel tasked with collection or the companies designated for that purpose must first deliver to the Auction House a specific collection proxy signed and stamped by the successful bidder. The successful bidder or third-party companies appointed for collection shall be jointly liable for damage to persons or property caused during the collection operations of the goods; the successful bidder or appointed third-party companies shall undertake to comply with safety rules, the application of which will be necessary in relation to the goods to be collected (safety plans, etc.); the successful bidder or appointed third-party companies, when proceeding with collection, shall document that they use personnel with the necessary social security insurance.
5.10 It shall be the responsibility and obligation of the successful bidder to verify that the appointed third parties meet the requirements referred to in the previous point.
5.11 In order to be able to collect the goods subject to award, the successful bidder – or the person delegated by them to physically carry out the collection – must present the documents necessary and preparatory for the regular performance of the operations, as indicated below:

The requested documentation must obligatorily be forwarded before the start of operations, failing which it will be impossible to proceed with the collection of the goods.
 
5.12 In any case, any liability of the owner of the goods and of the Auction House for damage to property or persons that may derive or result from the carrying out of the operations of collection, disassembly, removal and transport of the transferred goods is excluded.
5.13 The collection of registered movable goods is subject to the completion of the relevant vehicle registration procedures. Therefore, all expenses required for the adjustment of the vehicle and related documentation in accordance with current regulations are borne by the successful bidder (by way of example: duplicate of the vehicle registration certificate where not present, duplicate of the certificate of ownership where not present, re-registration where the license plate is not present). Also, the cost for the transfer of ownership between the Owner of the goods and the Auction House and the subsequent transfer of ownership from the Auction House to the successful bidder, as well as the expenses incurred by the Auction House for the renewal of the vehicle ownership tax, are borne by the successful bidder. The transfer of ownership from the Auction House to the successful bidder must be carried out at the vehicle registration agency communicated by GOBID INTERNATIONAL AUCTION GROUP SRL.
5.14 Once the sale price, auction fees, ownership tax have been paid, and the procedure required for the transfer of ownership and its adjustment (as indicated above) has been completed, the successful bidder may proceed with the collection of the asset.
5.15 In no case may objections be raised and/or claims be made against the Auction House for the lengthening of the time necessary for the completion of the procedures relating to transfers of ownership. 
 
 
 
 
Article 6. FINAL PROVISIONS
 
6.1 The sale of the goods is understood to be made under the condition 'as seen and liked in the state in which they are': the goods are therefore accepted by the buyer in the state of fact and law in which they are, without any liability or warranty, whether express or implied, on the part of the seller, including for abnormal or unimaginable defects and vices, except as provided by mandatory laws, with consequent irrevocable waiver of any right, claim or action on that basis and without any warranty on their functionality or possibility of withdrawal by the dissatisfied successful bidder; the successful bidder, therefore, may not raise any objection on the purchased goods after the award. 
6.2 For the purposes of applying current safety regulations, the successful bidder has the obligation to proceed, before putting into service or reselling the purchased asset (or assets), to verify the existence of the safety requirements provided for by current regulations.
6.3 In particular, if the goods subject to sale are subject to the issuance of certifications and/or permits for their installation or use, the buyer declares to be aware that such goods do not have such certifications and/or permits, as indicated in the relevant lot sheet, and that the sale price was determined considering this circumstance. Therefore, the buyer irrevocably declares that it will not, now or in the future, bring any action against the seller and will not make any claim due to or as a consequence of the lack of certifications and/or permits and/or of the direct or indirect expenses necessary to obtain such permits.
6.4 If the provisions contained in the 'general conditions of access to the service and sale of goods' and those contained in these 'specific conditions of sale and collection' are in mutual conflict, what is established in the 'specific conditions of sale and collection' prevails over what is established in the 'general conditions of access to the service and sale of goods'.
6.5 If one or more clauses of these 'specific conditions of sale and collection' are declared or are to be considered invalid or ineffective, the other clauses will remain valid and effective and the invalid or ineffective clause will be replaced, where possible, by the corresponding legal provision. 
The Auction House constitutes a trading platform that offers its users the possibility to submit bids for the auctions published here. The Auction House does not have possession of the goods put up for sale or sold through the platform, sells the goods to the buyer on behalf of the owner under an agency mandate without representation conferred by Intrum Italy s.p.a. and consequently collects the relevant price (including the costs for the sales service) from the buyer. The User acknowledges, therefore, that the goods placed in auction are not in the material availability of the Auction House; the buyer declares to assume all risks and charges for the collection of the goods in the places indicated by the owner and the Auction House, with express release from any liability in the event of late delivery by the third-party holder of the asset, which must be asserted only and exclusively against the latter.

Article 7. SPECIAL CONDITIONS RELATING TO COMPLIANT INSTRUMENTAL GOODS
 

  1. The buyer acknowledges and declares for all legal purposes (including, but not limited to, Articles 23 and 72 of Legislative Decree 81/2008 as amended) that the goods comply with the legislative and regulatory provisions in force on health and safety at work and that they are accompanied by the relevant documentation attesting conformity and, moreover, that they are equipped with identification plates and CE markings present on the goods referred to in the aforementioned conformity attestation documentation, user manuals, as well as optional conformity assessments if available.
  2. The buyer acknowledges that no warranty, whether express or implied, of any kind, is offered by anyone in relation to any apparatus, device, group, subgroup, assembly, subassembly, machine, partly completed machinery, part, component, etc. that in whole or in part constitute the goods in question.
  3. By accepting this document, the buyer declares for all legal purposes (including, but not limited to, Articles 70 and 71 of Legislative Decree 81/2008 as amended) to have been clearly informed also by the owner that all the goods in question and every apparatus, device, group, subgroup, assembly, subassembly, machine, partly completed machinery, part, component, etc., that in whole or in part compose them are not reusable either together, or standing alone, or together with any other apparatus, component, device, group, subgroup, assembly, subassembly, machine, partly completed machinery, part, component, etc., of any origin without competent and expert subjects authorized for this purpose having evaluated them and declared them adequate and compliant with all applicable mandatory rules and safe for people, animals, property, the environment and the use to which they are to be destined, as well as all indications present on conformity attestation documentation, identification plates, and user manuals.
  4. By accepting this document, the buyer declares for all legal purposes that it irrevocably indemnifies the owner and the Auction House from any liability and indemnifies them in the broadest manner from any and all obligations of any kind by way of damages, indemnities and reimbursements, as well as any consequence, direct or indirect, deriving from any (foreseen or unforeseen) use and/or (optional or necessary) modification, revision, maintenance, repair of the goods in question and of any apparatus, component, device, group, subgroup, assembly, subassembly, machine, partly completed machinery, part, component, etc. that compose them. The undersigned furthermore expressly declares to use the aforesaid goods under his exclusive responsibility and/or that of the person to whom he should at any title transfer them or, in any case, allow their use, and to transmit to them in writing all such obligations. The undersigned, finally, expressly declares - for himself and his successors in title - to waive from now on bringing any action, objection or claim against the Owner and/or the Auction House, connected with this agreement.
Gobid.it

Gobid.it is a registered trademark by: GOBID INTERNATIONAL AUCTION GROUP SRL

Head Office: Via P.O.Vigliani, 19 - 20148 Milano (MI)

Operating Headquarters: Via Merloni, 17/U - 62024 Matelica (MC)

tel: 0039.02.86882269 - fax: 0039.0737.786198 - email: [email protected]