SPECIFIC TERMS AND CONDITIONS

Auction timing:

Starts: mié 16/11/2016 horas 15:30
Ends: mar 06/12/2016 horas 15:30

Viewing conditions:

Viewing time:

by appointment

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

Payment condition: 

Deposit 

The present auction is subject to a deposit of EUR 40.040,00

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.
The user has  to send an official proof of the deposit payment with transaction number  to the following address: info@gobid.it as well as a copy of a valid Identification document  assigned to the fisical person or the legal representative of the company registered to the auction and certificate of constitution (visura camerale) in case of company.

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 payment of the deposit, the user who awarded the lots will not finalize the sale within the terms agreed (see payment terms) of both awarding price and Buyer's Premium, the sale will be cancelled. The deposit paid will not be refunded as penalty and paid from the Agent to the Principal in the measure of 70% within 5 days , the remaining part will be kept by the Agent as expenses reimburse .

In case of awarding of one or more lots, the deposit will be refunded after the user will complete the property transfer of the goods purchased in auction, prior Principal authorization. In such case the deposit can be blocked in order to cover possible expenses ascribable to Bankruptcy receiver , at Principal discretion.


Lot Awarding

Lots awarding may comply to art. 107 clause 4 L.F. (Bankruptcy Law) (Sale suspension in case of reception of an ameliorative irrevocable purchase offer  not lower than ten per cent of the price offered) at sole discretion of the Bankruptcy Receiver.

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 Bankruptcy Receiver who will inform each mortgage holder, or provided with special movable privilege, and to inform the the Creditors Comittee of the result of the procedure.

Once the awarding will be finalised and received the payment from the Bankruptcy Receiver, the notarial deed will be done, according to the modes decided by the Principal. In such case Bankruptcy Receiver is considering to appoint Dott.ssa Amelia Amoresano from Ancona.

Lastly, it will be communicated to the Judge (Giudice Delegato) to proceed with cancellation of detrimental registrations on the properties subject to sale complying to art. 108 l.f.

Fees

Notarial fess, law taxes and all the other expenses related to the sale, fiscal or not, will be on buyer's expense and will be communicated to the latter before the issuing of the provisional awarding confirmation. The communication about the exact amount of fees and their correct specification will have to be done by the Principal before the issuing of the provisional awarding confirmation.

The user who award the lot will have to pay the expenses due within 30 days from the sale deadline. Buyer's premium due will have to be paid within 10 days from the sale deadline.


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 .

Payment deadline

Awarded lots have to be paid within 30 days from the auction deadline.

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 occur after the full payment of awarding price and all expenses due by notarial deed according to the modes indicated by the Principal (see Lot awarding).

Once passed the above mentioned terms (payment terms), in case of lack of property transfer finalization, the sale will be cancelled and the amount paid by the user as Buyer's Premium will be kept as penalty by the Agent , as well as the amount paid as deposit which will be paid by the Agent to the Principal in the measure of 70 % within 5 days. The remaining part will be kept by the Agent as expenses reimburse.

Additional specific terms

Buyer's Premium: A percentage % charge + VAT will be added to the price of each awarded lot also in case of offers received related to art. 107 L.F (Bankruptcy Law).

The above mentioned percentage charge will be applied according to the modes shown in the following table:

Example:

Awarding Price : € 3.731.586,80
 

Calculation Base	B.P. Stagger	B.P. Amount
€ 200.000	6%	€ 12.000,00
(€ 200.000 - € 500.000)	5%	€ 15.000,00
(€ 500.000 - € 1.000.000)	4%	€ 20.000,00
(€ 1.000.000 - € 3.731.586,8)	3%	€ 81.947,60
Total B.P. due		€ 128.947,60

 Incidence of the Buyer's Premium on the final awarding price: 3,46%

The calculation base of Buyer's Premium is divided into different staggers each one corresponding to a rate decreasing when staggers increase.

For each awarding price, the corresponding Buyers' Premium will be given by the sum of the commissions calculated on the referring stagger, according to the modes indicated in the table above.

The awarding has to be conferred to the participant who will present the highest bid for each lot.

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.

VAT: Value Added Tax at a rate of 22,00% will be calculated on the awarding price and added to it. (where applicable)
VAT application may vary according to law depending on the awarding subject

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.

The sale occurs in the state of facts and law , 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 the Principal should receive a proposal of Bankruptcy Agreement for the purchase of the whole assets belonging to the Procedure, it possibile to suspend any sale activity managed by the the Platform, prior to Judge (Giudice Delegato) authorization.

For the completion of possible bureaucratic procedures related to the sale of properties, please refer to the office of Geom. Andrea Frati from Ancona who, under Bankruptcy Receiver authorization, realized the appraisal of the goods.

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