14741: Participation Shares - Gruppo Piemme Costruzioni -Bank. 631/2019 - Roma Law Court

SPECIFIC TERMS AND CONDITIONS

Auction timing: 

Starts: lun 09/05/2022 horas 15:00
Ends: vie 10/06/2022 horas 15:00

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 deposit of EUR 10.000,00


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
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.


In the event of awarding, deposit will be charged as an advance on final price of awarding
 

Awarding of Lots
 
In compliance with the right of pre-emption due to the shareholders, the Curator will immediately communicate by registered letter with return receipt. and / or certified e-mail communication, the outcome of the tender to the Company whose shares are being sold, in the person of the legal representative.
In compliance with the provisions of art. 2471 of the Italian Civil Code the award made at the outcome of the tender will become ineffective if, within 10 days of receiving the aforementioned communication, the Company presents another buyer, offering the same hammer price; the latter will therefore be awarded the relevant lot.
Once the aforementioned term has elapsed without the Company having presented any other purchaser offering said price, the award made at the outcome of the tender must be considered valid and effective towards the Company and its remaining shareholders, as well as definitive, without prejudice to the provisions referred to in Articles 107 and 108 L.F.

 

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.

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 30 days from awarding with the costs related to the sale and notary fees

Buyer's Premium has to be paid within 10 days from awarding.
 

Conditions for transfer of property
 

The sale must be completed by a notarial deed and shall be in a form and manner prescribed by law. 
The deadline to proceed with the transfer of property by a public act will be defined in agreement with the Trustee, subject to receipt of payment of the hammer price and the Buyer's Premium on. The transfer of ownership will take place at the notary public officer identified from the mandator. 
The costs to be incurred to improve the transfer of ownership will be on buyer's expense.
In case the property transfer will not be finalized within the agreed terms, the sale will be canceled and the amount paid (Lots and Buyer's Premium) will not be refunded.

Property transfer

Property transfer will occur after the full payment of awarding price and all expenses due by notarial deed in the modes indicated by the Principal.
 

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.

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: Prices indicate excluded VAT and fees as by law
Procedure is not registered to VIES. VAT is due also for intra-EU buyers.

Fees and Taxes: Fees and taxes due as by law will be on buyer's expense.

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.

 

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

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tel: 0039.02.86882269 - fax: 0039.0737.786198 - email: info@gobid.it