SPECIFIC TERMS AND CONDITIONS
COLLECTION OF IRREVOCABLE PURCHASE OFFERS FOR LEASED GOODS
Auction timing:
Starts: vie 19/01/2024 horas 12:00
Ends: mié 21/02/2024 horas 12:00
Viewing conditions:
Viewing time:
by appointment
All lots viewings must be booked. Please contact: logistica@gobid.it – tel +39 02 86882269
Payment condition:
Deposit
Participation in the collection is subject to the payment of a mandatory security deposit equal to 10% of the offered price.
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.it
In case participants will not award any lot, deposit will be refunded within 20 working 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)
The collection of irrevocable purchase offers will be carried out using the following methods:
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.
The offer is irrevocable by law and will be valid for no less than 120 days from the end of the collection of offers.
Offers must be submitted in the manner specified in the attached offer form and must contain:
- Identification of contractor, with complete indication of personal details and details of a identity document, specifying of fiscal code and, in the case of physical person married, in the system of legal communion of assets, the indication of the generality and the tax code of the spouse
- Chamber of Commerce Comany Registration of company or individual company and an identity document of legal representative (for company) or owner (for individual company);
The potential buyers must agree to the sale notice and the terms and conditions of use of the platform and terms and conditions of use of the gathering and of possible subsequent auction, as stated in the present document.
If purchase offers deemed appropriate and higher than the redemption value of the assets agreed (or to be agreed) with the leasing company that owns the assets are presented, and if the Curator, having obtained the appropriate authorizations from the other Bodies of the procedure, decides to proceed with the redemption of the leased assets, the latter will proceed to admit the irrevocable purchase offer presented.
In the presence of a single offer for an amount higher than the redemption value of the leased assets and admitted at the end of phase 1 - collection of irrevocable purchase offers - the trustee may reserve the right to award the lot or lots for sale, without opening the phase 2 - competitive online sales experiment - with recognition, paid by the successful tenderer, of the buyer's premium due to GOBID INTERNATIONAL AUCTION GROUP Srl. In the presence, however, of several offers for an amount higher than the redemption value of the leased assets and admitted at the end of phase 1, or in the presence of a single offer admitted at the end of phase 1 but where the curator still opts for the opening of phase 2 - competitive online sales experiment - the highest collected offer will be used as auction basis for a competitive selling experiment to be carried out online on the www.gobid.it platform (PHASE 2).
In any case, the initiation of the tender is always subject to the approval received by the Trustee of the best offer collected and the concrete start determination made by the latter.
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.
- Time auction exclusively online (PHASE 2)
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.
This offer will be formalized by the Mandatory, 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 be invited, instead, to make a raise on the platform, according to the procedures published online on the website dedicated to the auction.
For the purpose of identifying the best offer received, please refer to what is indicated in the notice of sale.
In any case, the (provisional) award is always subject to acceptance of the offer by the Mandator in consideration of the redemption value of the leased assets.
Lots Availability
Any registration related to preemption rights, registration of foreclosures and seizes, or any other tie falling on the lots on sale will be cancelled complying to art. 108 Bankruptcy Law (Legge Fallimentare) once the sale will be completed and the price will be fully collected. Any formalities for cancellation will be on buyer's expenses.
Any costs relating to the transfer of ownership, including any double passages and related charges, will be borne by the successful bidder
In case of export of registered movable property, the purchaser must carry out the required operations in compliance with current legislation. It should be noted that for the purposes of cancellation for export, on the date of the request, the vehicles must be in compliance with the inspection obligations established by law.
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 lots awarded by the user must be paid for within 5 days of acceptance of the offer.
Collection conditions
The collection of the awarded lots by the buyer can take place only after the payment of the amounts due relating to the awarded lots and the foreseen commissions (Buyer's Premium, additional management fees).
In any case, the collection should absolutely be done before and no later than 30 days from the provisional award.
All amounts relating to accessory management charges are to be considered net of VAT.
| LOT |
TITLE |
FEES (EUR) |
| 1 |
Colorobbia Spray Painting Line |
1.500 € |
In order to optimize the collection service, GOBID INTERNATIONAL AUCTION GROUP SRL will inform the successful bidders via e-mail of the date/s and a time during which they can proceed with the collection of the lots. These dates may also be indicated on the auction web page. GOBID INTERNATIONAL AUCTION GROUP SRL in any case reserves the right to modify the dates and times indicated at its sole discretion.
In the event that the successful tenderer has to make the collection on later dates than those communicated, the same will have to pay a fee between EUR 250.00 and EUR 350.00 plus VAT per day, depending on the amount of assets to be collected, such as additional fees.
Successful bidders will be required to respect the start date of operations. In the event that the successful tenderer cannot provide for the collection on the day and at the time communicated, the same will be able to:
- subject to approval, apply to be admitted on the date(s) scheduled for the next sales experiment, if any.
- subject to approval, collect on days and times other than those made available for the individual experiment, paying an additional fee of between EUR 250.00 and EUR 350.00 plus VAT per day, depending on the amount of assets to be withdrawn, such as additional fees
Failure to respect the scheduled collection date between GOBID INTERNATIONAL AUCTION GROUP SRL and the successful tenderer will result in the application to the latter of a penalty of EUR 350.00 if the non-collection is not notified at least 48 hours before the appointment, without prejudice, in any case, to compensation for the greater damage suffered by GOBID INTERNATIONAL AUCTION GROUP SRL.
After 30 days have elapsed from the communication of availability for collection, a daily cost of deposit of Euro 50.00 per single lot will be charged for each day of delay on the collection date, to be paid before making the collection.
In the event that the goods are not collected by the collection deadline date (60 days from the communication of availability for collection), the sale will be considered automatically terminated and the amounts paid by the successful tenderer, both by way of price and Buyer's Premium, will be retained as a compensation penalty.
The collection of the goods awarded at auction must be carried out by and at the expense of the successful bidder.
GOBID INTERNATIONAL AUCTION GROUP SRL is not required to deliver any lot or to organize their collection in any way.
The withdrawal operations must be carried out by the purchaser in compliance with the current safety regulations established by law; the same will therefore be required to make the adjustments necessary in this sense also with reference to any third parties and/or collaborators employed in carrying out the aforementioned operations.
The purchaser is responsible for any disassembly, handling, loading and transport of the awarded lots and, in the case of registered movable property, for the handling of the paperwork necessary to carry out the necessary transfers of ownership.
Transfers of ownership must therefore be carried out at the contractor's care and expense at the self-practice agency communicated by the Procedure Bodies, or alternatively, communicated by GOBID INTERNATIONAL AUCTION GROUP SRL.
In case of export of registered movable property, the purchaser must carry out the required operations in compliance with current legislation.
In any case, GOBID INTERNATIONAL AUCTION GROUP SRL will not make any lot available before the aforementioned payments have been credited and, in the case of registered movable property, before the completion of the related transfer of ownership.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.
Additional management fees: These are the ancillary costs entirely borne by the successful bidder, intended to cover the services and activities, performed and to be performed, necessary for the preparation, organization, and management of the sale of the goods at auction and subsequent adjudication phase. These expenses must be paid together with the payment of the buyer's premium due as per the provisional award confirmation that will be issued after the end of the auction. Where due, these charges will be indicated in the sheet of each lot.
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 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
