Gobid.es

SPECIFIC TERMS AND CONDITIONS

Auction timing:

Starts: mié 27/02/2019 horas 15:30
Ends: mar 30/04/2019 horas 15:30

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 24.460,00

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 it 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 a COMPANY or BODY:

- Certificate of C.C.I.A.A. (Chamber of Commerce, Industry, Artisans, and Agriculture) demonstrating the creation of the company and powers assigned to bidder.

- Copy of a valid I.D. Document of the CEO or legal representative

- Copy of the Tax Code number of CEO or legal representative

- Duly authenticated translation of the Chamber of Commerce Certification, should the company by a foreign company

- Special Mandatory proxy received and authenticated by a notary should the bidder be in the person of 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.

Since the auction is in the "free offer" mode, the user authorized to participate will be required to formalize its offer on the platform as indicated in point 6.1 of the general sales conditions.

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 Awarding

At the auction deadline, for highest bids not reaching reserve price, awarding will be subject to Bankruptcy Bodies approval.

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.

It should be noted that, in the presence of offers deemed appropriate, the current tenant of the company branch has a pre-emption right of 60 days from the end of the sale.

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 30 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

The lots awarded by the user must be paid within 30 days from the expiry of the terms of pre-emption by the tenant of the business branch and in any case no later than the date set for the transfer of the property. (see general auction 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 and in any case no later than date set for property transfer.

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.

The principal will communicate Delegate Judge to operate for the cancellation of prejudicial registration on the property goods subject of sale complying to art 108 l.f.

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.

Collection

Lots not collected by the deadline will incur a daily charge of EUR 50,00. In case the lots will not be collected within 30 days from collection deadline,the sale will be canceled and the amount paid (Lots and Buyer's Premium) will not be refunded. GOBID INTERNATIONAL AUCTION GROUP SRL does not deliver lots and does not arrange for their collection or delivery. The buyer is responsible for dismantling, moving, loading and transporting the lots awarded, and in case of vehicles of transfer of property and related procedures. Moreover, GOBID INTERNATIONAL AUCTION GROUP SRL will not make any lots available before the payment will be received and credited.

Additional specific terms

Buyer's Premium: a percentage charge + VAT will be applied according to the modes shown in the following table:

DECREASING BUYER'S PREMIUM WITH GRADUAL STAGGERS
From - to	€ 0,00	€ 200.000,00	6%
From - to	€ 200.000,00	€ 500.000,00	5%
From - to	€ 500.000,00	€ 1.000.000,00	4%
Beyond	€ 1.000.000,00		3%

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.

VAT: not due. Sale is subject to registration tax of 3%.

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.

During the sale operation the principal reserves the right to receive irrevocable purchase offers, also of lower amount of starting price (prior to payment of the corresponding Buyer's Premium). Such offers will be evaluated at Procedure Bodies insidacable discretion.

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

Cond. Específicas Subasta 4814

4814: Metal Sheet Working - Company Branch Transfer - Bank. 28/2013 - Latina L.C. - Sale 5