18474: Credit Transfer - A.F.L.A - n. 29/2014 - Arezzo Law Court - Sale 2

SPECIFIC TERMS AND CONDITIONS

Auction timing: 

Starts: mié 03/05/2023 horas 12:00
Ends: mié 07/06/2023 horas 12:00

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 3.500,00

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.

 

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.

The sale of the credit will take place in the state of fact and law in which the credit is found, as seen and liked, as well as that the nature of the sale excludes that it can be challenged for defects in the thing, lack of quality or non-conformity of the thing sold, due to the presence of charges of any kind and for any reason not considered, even if in any case not highlighted by the documentation provided and cannot in any way or form give rise to compensation for damages, indemnity or indemnity or price reduction.

Consequently, the existence of any defects or lack of quality or discrepancies in the thing sold cannot give rise to compensation, indemnity or price reduction.
Any liability on the part of the AGENT regarding the existence of third party rights on the goods being sold is excluded (Article 2920 of the Italian Civil Code).
 
The assignment of the credits will therefore be completed without recourse, without any guarantee from the Composition with Seller as to the existence of the credit (referred to in Article 1266, paragraph 1 of the Italian Civil Code), as to the collectability, ownership, amount and existence of the Credit and the solvency of the assigned debtor. Consequently, the obligations and formalities, with related costs and charges, to make the assignment of the Credits enforceable against the assigned debtors remain fully borne by the Purchaser, the assignee of the Credits as well as any other expense or charge, including tax, inherent or consequent to the credit transfer.

The sale will take place without recourse

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)
 

In particular, the buyer will undertake to proceed at his own expense with the notification of the assignment to the assigned debtor within 30 days of the completion of the assignment with the Composition with Creditors.
 
Finally, at the end of the sale, the Agent will proceed to ask the successful tenderer if he intends to avail himself of any tax benefits and to inform the Principal accordingly, so that he can calculate the exact amount that the buyer will be required to pay in terms of taxes.

 

Payment deadline

Awarded lots have to be paid within 30 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 30 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 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.

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 condisdered winnig bids as well.


Lots are sold as is.

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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