SPECIFIC TERMS AND CONDITIONS
THE PRESENT AUCTION IS REGULATED BY THE NOTICE OF SALE ATTACHED IN THE SHEET OF THE AUCTION
By accepting the general and specific conditions of this sale, the user expressly declares to have read all the documentation made available by Gobid.it in the specific virtual data room, the sales regulations and all attachments, and also declares to fully accept the contents as explained in the regulation and in the general and specific conditions published on the website gobid.it
Auction timing:
Starts: lun 24/05/2021 horas 16:30
Ends: mar 29/06/2021 horas 16:30
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 deposit of EUR 100.000,00
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 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 Process
To participate in auction-bids, the user/subscriber is required to subscribe to www.gobid.it, entering his/her personal details, and is required to subscribe to the auction and accept the related terms and conditions.
The user’s/subscriber’s personal details entered during registration process on the site and auction-bids shall be the same to whom the lot shall be adjudicated to. All required payments, preceding and following the sale shall be settled by the registered user . Any eventual mandates or proxies shall not be taken into consideration prior to Consignor’s authorisation.
The user shall undertake to pay the security deposit via bank remittance on the current account indicated above.
The user shall undertake to specify the designation-number which he intends participating in and to provide a copy of the effected payment to be posted on gobid@pec.it
The requested sum must be paid before the end of the auction.
Further to the security deposit, in order to participate in the auction the user/subscriber shall be required to provide the following documents via mail on gobid@pec.it,:
- If the bidder is a PHYSICAL PERSON:
- Copy of a valid I.D. Document of the person who is to assign the lot
- Copy of the Tax-Code number
- Should bidder be married in community of property , he/she is required to provide personal information of his/her spouse posting a copy of the related I.D. Document (document is not binding for participation but will be request in case of awarding )
- If the bidder is a LEGAL PERSON:
- Updated Chamber of Commerce registration certificate or C.C.I.A.A.
- Copy of a valid identity document of the person who signed the offer representing the company and, if it is a person other than the legal representative, copy of the deed showing the related powers
- Copy of the tax code of the person who signed the offer
- Any duly legalized translation of the chamber's certificate, if the company is not Italian
- Special power of attorney received or authenticated by the notary, in case of participation through a representative
Where relevant and in consistency to specific conditions, supplementary documents shall be requested which shall be added to the a.m. mentioned documents.
Completion procedure of Bids at auction opening price
The payment of the security deposit along with the formalisation of the registration to the auction – with expressed acceptance of the general and specific conditions of sale posted on line on www.gobid.it – as well as the provision of all the required supplementary documents by the user, as already specified above, shall be deemed equivalent to an irrevocable purchase-bid at the starting price fixed for each sale and shall itself be deemed a binding purchase contract on the part of the user.
Said offer shall be expressly officialised on the platform directly by the Consignee (auction-agent/Auctioneer ) via on-line, on behalf of the first user who will have completed the completion procedure described above.
Where more than one bidder have proceeded in officialising their irrevocable purchase-bid in accordance to the above mentioned conditions, and none of the bidders shall raise a bid on the platform, the highest bidder, and therefore the provisional ‘buyer’ , will be the first one in order of time:
- who will have carried out the procedure described above
The Consignee (Auctioneer) shall duly inform all bidders via any means whether they be or not the highest bidders in the formalisation of the aforementioned irrevocable purchase bid.
The awarding has to be conferred to the participant who will present the highest bid.
The sale act will be stipulated by notarial deed according to the modes indicated by the Principal (see lot awarding).
In case the user who award the lots will not pay the amounts due within the terms agreed, the awarding will be conferred to the next highest bidder.
Bids are binding and constitute a formal commitment to purchase. In case the awarding to the highest bidder will be cancelled, awarding will be conferred to the next highest bidder and so forth.
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.
Lots Awarding
After the auction deadline a provisional awarding confirmation will be sent to the user who will award the lot from which the user will have to comply with payments within the dates indicated. The provisional confirmation will be sent to the Principal who will inform, in accordance with art 107 L.F., each mortgage holder, or provided with special movable privilege, and to inform the Delegate Judge (Giudice Delegato) and the Creditors Comittee of the result of the procedure, by registering the related documents in Law Court.
Fees
Notarial fess, law taxes and all the other expenses related to the sale, fiscal or not, will be on buyer's expense. The user who award the lots will have to pay the expenses within 40 days from awarding. Buyer's premium due have to be paid within 10 days from awarding.
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 40 days from the auction deadline (see General Terms and Conditions).
Buyer's Premium due has to be paid within 10 days from awarding.
Fees and expenses related to sale on buyer's expense (law fees, notarial fees, fiscal and non fiscal fees) have to be paid within 40 days from awarding.
Property transfer
Property transfer will take place with a deed issued by the Notary Public, identified by the procedure, only after full payment of the hammer price, expenses and Buyer's Premium.
For all that is not foreseen here, the current laws apply.
In case of lack property transfer finalization, the sale will be canceled and the amount paid by the user who awarded the lot as Buyer's Premium will not be refunded, as a penalty.
Additional specific terms
Buyer's Premium: A charge of 3,50% + 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: not due. Sale is subject to registration tax.
Procedure is not registered to VIES
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 successful tenderer will take over by right:
a) in the following contracts, known to the trustee, for the operation of the transferred company:
- business lease agreement with Consualia Srls better described in point a) of the single lot and subsequent deed of 16.5.2019 which is attached with the clarification that the Curatela contested its enforceability against the mass of creditors;
- commercial lease contract signed with the owner of the premises where the activity is carried out, Mrs. Angela Dalla Vedova, just lease of 7.1.1989 (duration 6 years renewable for six years in six years unless terminated pursuant to article 28, paragraph 1, of the law n ° 392/1978 and annual rent of Lire 84,000,000); lease contract that is attached under "C";
- amending writing of the aforementioned commercial lease always signed with the owner of the premises where the business is carried out, Ms Angela Dalla Vedova, on 25.1.2013 which is attached under "D"
b) in the following judicial and extrajudicial disputes relating to bankruptcy, known to the trustee:
- eviction for arrears ordered by the owner of the premises Ms Angela Dalla Vedova against CDR 200 Srl before the Civil Court of Rome, G.I. Dr. Nardone, RG n ° 53508/2019 and with next hearing for 25.5.2021
- out-of-court dispute relating to the termination for non-fulfillment of the company lease contract referred to in Annex "A", with all and incumbent charges borne by the successful bidder.
- Opposition judgment to precept established by Consualia 13130 srl and pending before the Court of Rome RG 27557/21 (ANNEX E)
For the sake of completeness of the description of the relations between the bankrupt company and the contractual and disputed counterparties referred to above, the documentation relating to the application filed by Ms Dalla Vedova to the Delegated Judge on 12/2/21 is also attached. attachments (ANNEX F)
With reference to the aforementioned contracts and disputes, it is specified that the successful bidder will take over them, assuming the related risks, rights, charges, responsibilities and obligations and will have to indemnify the bankruptcy from any prejudicial effect deriving from the aforementioned contracts and disputes, from any claim and / or claim formulated in the aforementioned judgments and / or deriving from the aforementioned contracts in which, by virtue of the purchase of the company, the successful bidder takes over.
In particular, the successful bidder, once the company has been purchased, will have to intervene pursuant to art. 111 c.p.c. in pending judgments, asking for the dismissal of the bankruptcy.
It is therefore specified that the price offered is net of any charges which will therefore be borne by the successful bidder.
The debts of the company that were formed before the bankruptcy are excluded from the sale, debts for which bankruptcy will be obliged according to the rules of the competition between creditors, with the exception of debts that have arisen at any time and in any case any and all reciprocal claims. already manifested or that should arise in the future in relation to the relationships covered by the aforementioned "contracts" and "disputes" in which the successful bidder takes over as a result of the purchase of the company as regulated therein. .
It is represented that the sale is subject to the presentation by the successful bidder, during the transfer of ownership of the company, of the express releases by Ms Angela Dalla Vedova and Consualia Srls from any claim towards bankruptcy; these releases must be made in the form of written declarations with signature authenticated by a notary. Failing this, the sale will not start and the successful bidder will lose all the sums paid which will be forfeited by the bankruptcy as a penalty.
It is pointed out that some assets of the agricultural branch are the subject of a loan agreement.
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.
Lots are sold as is, in the state of facts, with all related competences and servitudes, and in bulk sale, with no warranties for faults (La vendita dei beni avviene nello stato di fatto e di diritto in cui gli stessi si trovano, con tutte le eventuali pertinenze, accessioni, ragioni ed azioni, servitù attive e passive. La vendita è a corpo e non a misura, e senza alcuna garanzia per vizi od altra mancanza).
Abuse, violations, liens, regulatory compliance
For more information about any abuse, violations, liens or lack of compliance with regulations and for all information of the lots subject of the present sale, please refer to the appraisal.
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
