Gobid.es

SPECIFIC TERMS AND CONDITIONS

Auction timing:

Starts: Thu 15/07/2021 at 16:00
Ends: Wed 04/08/2021 at 16:00

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 specific deposit for each single lot. The amount due is indicated in the lot webpages.

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
Fabriano Agency

IBAN: IT 43 K 01030 21100 000000414486
Swift/BIC: PASCITM1K07

headed to GOBID INTERNATIONAL AUCTION GROUP SRL

Reason: (auction number + lot number)

The deposit must be strictly credited before the end of the auction.
Once the deposit has been credited, the user will be authorized to participate in the auction.
To speed up participation in the auction, users are advised to send a scanned accounting copy of the payment with the CRO code to: info@gobid.es

If the participants in the auction do not win any goods, the deposit will be returned within 20 working days from the end of the auction.
If, in the event of an 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 attributed to the following best bidder who will have made an offer of an equal amount greater than the reserve price.

Fees

The sale of the Lots will take place without any burden and liens.
Despite this, all taxes and fees relating to the award of each lot that are legally applicable, will be borne by the successful tenderers, who will also have to pay the notary, registration and any other related costs with the award. In no case will the bankruptcy company bear any kind of expenses related to the award.

The order for the cancellation of charges will be issued only by the Court, once the effective accreditation of the transmission of the assets has been made by the Bankruptcy Trustee, and, in the case of assets subject to privileged credit, the payment to the privileged creditor.

The Bankruptcy Trustee will request the Court to cancel the charges and registrations of both foreclosures and deriving from the insolvency procedure, the cancellation costs will be borne by the successful tenderer.

The company shareholdings in auction are the result of information obtained in the corresponding Mercantile Registers, which have not been verified by the Curatela, accepting the successful bidder that the company subject to the competition procedure is finally not the owner of all or part of the aforementioned shareholdings, or that they are burdened by charges.

The credit rights object of the auction are the result of information obtained in the corresponding Mercantile Registers, which have not been verified by the Curatela, accepting the successful bidder that the company subject to the insolvency procedure finally turns out not to be the holder of these credits or that both for different amounts and that, at the same time, the solvency of the debtors is not guaranteed.

Lots Awarding

At the end of the auction, users who have made the highest bid with an amount equal to or greater than the reserve price will be sent an award confirmation with the instructions for making payments within the set deadlines.

In the event that the offer does not reach the reserve price, the award must be approved by the Curatorship.

Payment method

The Buyer's Premium payment must be made entirely by bank transfer using the specified details or upon registration or upon receipt by the user of the award communication (see general conditions).

Payment of the hammer price must be made entirely by bank transfer using the specified details or upon registration or upon receipt by the user of the hammer communication (see general conditions).

The successful tenderer will have to credit the bankrupt company account, which will be indicated when the award confirmation is sent, the total price of the whole together with any taxes, property transfer costs, notary writing and any cancellations from public records of charges o encumbrances, must be paid before the formalization of the public sale writing. Once all the amounts have been paid, the property will be transmitted by notarial writing, according to the procedures established by the Principal.

Payment deadline

The Buyer's Premium must be paid within 10 working days of the award communication.

Payment of the hammer price must be credited within 20 working days of the hammer communication.

Property transfer

The transfer of the property will take place through a notarial deed in the manner established by the Bankruptcy Curatorship, only after the full payment of the hammer price, the commission (Buyer's Premium) and the costs due. All costs must be assumed by the successful tenderer.

Lastly, the Principal will undertake to notify the Delegated Judge so that in turn he will cancel the prejudicial entries on the properties being sold. The cost of any cancellations will be borne by the successful tenderers.

In the event of failure to complete the transfer of ownership, the sale will be considered automatically resolved and the amount paid by the successful tenderer as Buyer's Premium will be retained as a compensation penalty.

Additional specific terms

Buyer's Premium:A charge of 5.00% + 22% VAT (where applicable) will be added to the hammer price of each lot.

Award Taxes:VAT and/or all those taxes that are applicable according to the legislation and the successful tenderer will be applied.

Goods subject to senior credit

The holder of the special privileged credit is given the option to assign the award to a third party.

In the event that the offer does not reach the reserve price but is approved by the Bankruptcy Administration, the winning bid of the auction will be transferred to the preferred creditor, 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 him).

After the private auction, the Bankruptcy Trustee will declare the best offer approved in favor of the best 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 Bankruptcy Trustee will declare the best bid of the auction approved, the creditor with special privilege having to concur to the signature for the cancellation of the registration or other nature 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, 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 an award 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.

Extra-Time:if a winning bid is made in the 5 minutes prior to the auction closing, the time to make another bid will be extended by an additional 5 minutes from the last bet received. So to the bitter end, for each winning bid received within 5 minutes of extratime, the time to make another offer will be extended by an additional 5 minutes from the last episode received. Automatic bids in case of maximum bid (proxy bid) will also be considered winning bids.

Bids on Complete Lot: Bids on complete lot (Lot 0) will have awarding priority. In case no bids will be received on complete lot (Lot 0) single lots and/or combinations will be awared.

In case that the sum of the winning bids received on single lots will exceed bids received on the complete lot, it will be on Bankruptcy Receiver discretion whether to decide or not to award single lots and /or combinations .

It is essential to provide for the replacement of the restoration guarantees in force and acceptance of the extraction project and conditions imposed in the approval of the competent authorities envisaged for the mining project. The guarantees must be presented by the successful bidder at the time of formalization by notarial deed. In any case, the transfer of ownership of the mining rights is subject to authorization by the autonomous body competent in matters of Mines, so that the successful bidder must obtain the transmission authorization and must accredit technical and economic solvency in accordance with the established by the legislation in force, moreover the successful bidder must comply with all the conditions of holder of the mining right and in particular those bound to the mining concession that are legally applicable.

The lots are sold seen and liked in the state in which they are found. Viewing is recommended.

The company shareholdings in auction are the result of information obtained in the corresponding Mercantile Registers, which have not been verified by the Curatela, accepting the successful bidder that the company subject to the competitive procedure is finally not the owner of all or part of the aforementioned shareholdings, or that they are burdened by charges.

All costs generated by the sale will be borne by the successful tenderer, including withdrawal and handling costs, any costs of transfer of ownership, notary writing and any cancellation from any public register of the burdens on the specific asset.

The sale of the goods is intended to be forced and is ordered for the goods seen and liked in the state of fact and law in which they are located. In forced sale there is no guarantee for defects. It cannot be challenged due to damage.

Consequently, the existence of any defects or lack of quality or non-conformity of the thing sold cannot give rise to compensation, indemnity or price reduction.

Any liability borne by the Agent regarding the existence of third party rights on goods subject to sale is excluded.

The sale takes place with the obligation and responsibility of the successful tenderer to ascertain their compliance with the safety regulations.

Language

GOBID INTERNATIONAL AUCTION GROUP SRL declines any responsibility for any translation errors of the texts and material published online.

Specific Terms Auction 11875

11875: Extraction concessions - Bank n. 247/2020- Ourense Law Court n° 4 - Sale 3