Gobid.es

SPECIFIC TERMS AND CONDITIONS

Auction timing:

Starts: lun 09/09/2019 horas 15:00
Ends: jue 24/10/2019 horas 15:00

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 215.000,00.

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.
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 together with chamber of commerce company registration.

In case participants will not award any lot, deposit will be refunded within 20 days from auction deadline, with no interests applied.

In the event of awarding sum paid as a deposit will be retained until completion of sale by property transfer to be achieved by notarial deed.

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.

Irrevocable Purchase Bid

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.

Formulation of overbids

The bid, formalised by the first bidder in line, may be outbid following various offers which may be formulated by any enabled user.

The user that wishes to be the highest bidder (and thus provisional purchaser), will need to have put up the highest bid on completion of the on-line auction.

Understandably, amongst the several participants/bidders bidding over the auction opening price, the user too will be recognised as the “first Bidder” and will be entitled to take part in the awarding of lots by bidding over the current price of the lot.

In order to be assigned with a lot up on sale, the users/bidders will be invited to raise their bids over the starting price (thus making at least one overbid) as according to the modes stated in general terms and conditions.

Lot Awarding

Lots awarding will comply to art. 107 clause 4 L.F. (Bankruptcy Law).

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 Delegte 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 and no later than date of deed for property transfer. Buyer's premium due have to be paid within 10 days from the auction 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 (in a private message to the user mailbox). (see General Terms and Conditions)

Payment deadline

Awarded lots have to be paid in full within 60 days from awarding and in any case no later than date set for property transfer

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 and no later than the date of the deed for the transfer of ownership.

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.

Additional specific terms

Buyer's Premium: A charge of 2,00% + 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 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

Where possible, sale will be subject to VAT at option of assignor with application of reverse charge.

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.

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.)

It is excluded any responsibility of the Agent about the existence of rights of third parties on the goods subject of sale (Art. 2920 Civil Code)

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).

Given particular nature of this procedure:

- remains on liquidators faculty allow lot in question awardings and/or sales also at variance with above-mentioned regulation as long as it is always ensured purchaser's identification and price identification with competitive procedure;

- in accordance with combined provisions referred to articles 182 5th paragraph, and 107 4th paragraph of R.D. 267/1942 and subsequent amendments and additions, liquidators can always stop selling when received an ameliorative irrevocable purchase offer for an amount not less than 10% (ten percent) of offered price

- in accordance with combined provisions referred to articles 182 5th paragraph, and 108 1st paragraph of R.D. 267/1941, and subsequent amendments and additions, Delegate Judge, in cases and with forms provided for by law, it can always suspend sales operations

For anything not provided here apply laws in force.

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 6705

6705: Industrial Complex in Fiorano (MO) - Lot 2 - C.P.O. 8/2007 - Modena L. C - Sale 7