SPECIFIC TERMS AND CONDITIONS
THE PRESENT AUCTION IS REGULATED BY THE NOTICE OF SALE ATTACHED IN THE SHEET OF THE AUCTION
Auction timing:
Starts: vie 06/08/2021 horas 15:00
Ends: vie 10/09/2021 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 19.000,00
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.
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 the bidder 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 the bidder is a LEGAL PERSON:
- Updated Chamber of Commerce registration certificate or C.C.I.A.A.
- Copy of a valid identity document of the person who signed the offer representing the company and, if it is a person other than the legal representative, copy of the deed showing the related powers
- Copy of the tax code of the person who signed the offer
- Any duly legalized translation of the chamber's certificate, if the company is not Italian
- Special power of attorney received or authenticated by the notary, in case of participation through 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.
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 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.
Lots Awarding
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.
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 60 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
Awarded lots have to be paid within 60 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 60 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.
Collection Conditions:
Collection Deadline: 30 days from awarding
Collection
In order to optimize the collection service, GOBID INTERNATIONAL AUCTION GROUP SRL will communicate via e-mail to the successful bidders the date (s) and a time during which they can proceed with the collection of the lots.
The start of the collection operations will be communicated following the payment of the amounts due relating to the lots awarded. GOBID INTERNATIONAL AUCTION GROUP SRL may change the collection date and time at its sole discretion.
The successful tenderer is required to pay collection assistance fees.
For the day (s) made available, the amounts due, where required, are indicated in the sheet of each lot. 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.
In the event that the successful bidder should carry out the withdrawal on later dates, the same will have to pay a fee between EUR 200.00 and EUR 350.00 per day per operator, depending on the size of the goods to be retire.
The successful bidders will be required to respect the start date of operations. In the event that the successful bidder cannot arrange for collection on the day and time communicated, the successful bidder may:
- subject to approval, request to be admitted during the scheduled date (s) for the next sales experiment, if any.
- upon approval, carry out the collection on days and times other than those made available for the single experiment, paying an additional fee between EUR 200.00 and EUR 350.00 per day per operator, depending on the amount of goods to be collected.
Failure to comply with an unscheduled collection date agreed between GOBID INTERNATIONAL AUCTION GROUP SRL and the successful bidder will result in the application of a penalty of EUR 250.00 to the latter, if the non-collection is not notified at least 48 hours before of the appointment, without prejudice, in any case, to compensation for the greater damage suffered by GOBID INTERNATIONAL AUCTION GROUP SRL
All amounts relating to collection charges are to be considered net of VAT.
All lots not collected by the deadline will be subject to a daily default of EUR 50.00. In the event that the goods are not collected within 30 days from the deadline for collection, the sale will be considered automatically resolved and the amounts paid by the successful bidder (Lots Awarded - Buyer's Premium), will be retained as a compensation penalty. GOBID INTERNATIONAL AUCTION GROUP SRL is not required to deliver any lot or to organize in any way the collection and delivery of the same. The buyer is therefore responsible for any disassembly, handling, loading and transport of the awarded lots and in the case of vehicles of ownership changes and related practices. Furthermore, GOBID INTERNATIONAL AUCTION GROUP SRL will not make any lot available before the payment has been credited.
Additional specific terms
Buyer's Premium: A charge of 7,00% + 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.
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.
Currently the goods for sale have been moved inside a container
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
Aviso de cambios en las condiciones de venta
La expresión “gastos/honorarios de asistencia” se reemplaza por “GASTOS DE GESTIÓN COMPLEMENTARIOS”. Este cambio no afecta los importes ya indicados.
