22193: Lote de productos alcohólicos - Quiebra n. 52/2021 - Tribunal de Perugia

SPECIFIC TERMS AND CONDITIONS

FOR COMPLETE REGULATION, CONSULT SALE NOTICE PRESENT IN 'ATTACHED' SECTION

Auction timing: 

Starts: vie 10/05/2024 horas 12:00
Ends: mié 12/06/2024 horas 12:00

Viewing conditions:

Viewing time:

by appointment

All lots viewings must be booked. Please contact: logistica@gobid.it – tel +39.0737.782080

It is specified that:

- applicants will be allowed, subject to authorization and availability of the Perugia Customs Office to remove the seals, to take product samples for the necessary analyses;
- the participants in the procedure must declare that they have perfect knowledge and knowledge of the quality and quantity of the stocks being sold and, in any case, to exempt the initiating procedure and the related bodies from any responsibility in this regard, with waiver of any guarantee even , by way of example only, for any defects and hidden defects.



Payment condition: 

Deposit 


The present gathering is subject to a mandatory deposit of 10% of the offered 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.

Furthermore, the following documents must be attached:

- if the bidder is a natural person: photocopy of the identity card (or other valid identification document) and copy of the tax code;
- if the offeror is a legal person: copy of the updated Chamber of Commerce certificate or Chamber of Commerce certificate, copy of the identity card of the person signing the offer representing the company and, if a person other than the legal representative, copy of the deed or other equivalent document which shows the relevant powers;
- specific declaration, signed by the bidder/legal representative of the bidder, which:
     - A) expressly expresses the desire to participate in the competitive procedure;
     - B) expressly reports awareness and acceptance of the factual and legal status of the products offered for sale
     - C) the declaration of acceptance of the conditions to which the sale is subject, without any exception
- express declaration not to subject the offer to any type of condition;
- documentation proving the existence of the conditions for operating under the tax suspension regime, in the absence of which the sale or extraction will be subject to the excise duty due as per law.

The offer is not effective if it is lower than the amount indicated above as the minimum offer, if it is received after the deadline for submitting offers and if the bidder does not provide the security deposit within the prescribed terms.


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:

- 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, the matrimonial regime that existed between the two spouses;

- Chamber of Commerce Comany Registration of company or individual company and an identity document of legal representative (for company) or owner (for individual company);

- price offered for building

The potential buyers must agree to 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.
 

- 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.


Lots Availability

Any prejudicial formalities affecting the goods being sold will be canceled by the liquidator and at the expense of the purchaser after the sale in the manner provided for in Article 5 of Law no. 400/1975, within the limits set by the law.
Any charges arising from the sale, including tax charges, and any expenses related to the cancellation of the prejudicial formalities are the responsibility of the buyer.

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

Awarded lots have to be paid within 5 days from auction deadline (see General Terms and Conditions).

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 lots awarded and the foreseen commissions (Buyer's Premium, additional management fees).
 
In any case, the collection should absolutely be done before and no later than 15 days from the provisional award. 
 
Once the mandatory deadline of 15 days has elapsed from the (provisional) award, for each day of delay in the collection date, a daily storage cost of Euro 200.00 per individual lot will be charged, to be paid before collection.
In the event that the good is not further collected within the aforementioned deadline, the sale will be considered automatically terminated and all amounts paid by the successful bidder, both in terms 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 in any way the collection and delivery of the same. 
 
The collection operations must be carried out by the buyer in compliance with the current safety regulations established by law; the same will therefore be required to make the necessary adjustments in this sense also in reference to any third parties and / or collaborators employed in carrying out the operations.
 
The buyer is responsible for any disassembly, handling, loading and transport of the awarded lots and, in the case of registered movable property, for handling the paperwork required to carry out the necessary changes of ownership
 
The transfer of ownership must therefore be carried out by and at the expense of the successful bidder at the practice’s agency self-communicated by the Bodies of the Procedure, or alternatively, communicated by GOBID INTERNATIONAL AUCTION GROUP SRL.
 
In case of export of registered movable property, the buyer must perform 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 goods, before the completion of the related transfer of ownership.



Additional specific terms

Buyer's Premium: A charge of 0,00% + 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)

By the end of the tender or any extension period, considering that the customs warehousing license of the bankrupt company has ceased, for the transfer of alcoholic products the successful tenderer (provisional) will have to produce suitable documentation to prove the existence of the conditions to operate under a tax suspension regime, failing which the sale or extraction will be subject to the excise duty due as per law.


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
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: info@gobid.it