Gobid.es

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 11/03/2022 horas 15:00
Ends: lun 21/03/2022 horas 15:00

Interested parties will be able to register for the auction starting from 15:00 on 09/02/2022 until 15:00 on 11/03/2022

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 6.372,00

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.

Any costs relating to the transfer of ownership, including any double passages and related charges, will be borne by the successful bidder

Signing of rent contract

The signing of rental contract can only take place after real collection of all payments and of Buyer's Premium.

After 30 days from awarding, for each day of delay on signing of rent contract will be charged a daily deposit cost per single lot for a value established by Principal, in agreement with Agent, to be paid before acquisition of availability of goods.

Special Rental Conditions

Effective date, duration of the business unit lease and the Curator's right of withdrawal

The lease of the business unit will take effect from the signing of the contract which will also determine the placing in possession of the business unit.

The rent will have a duration of one year and may be tacitly renewed, unless there is a communication of withdrawal from the contract, by the tenant, at least three months before the expiry and by the curator at any time the sale of the activities for which even prior communication will not be necessary as it is the tenant's responsibility to inquire about the succession of sales auctions and, therefore, of the possible award. From that moment on, the business branch rental agreement will cease to be effective without the need for any communication.

The Trustee of the Bankruptcy of the granting company may exercise, at any time and without any constraint, the withdrawal from the rental contract and without the obligation to pay any compensation for any reason.

Canon

The rent for the business unit was set by the appraisal which forms an integral part of this notice in the amount of € 70,800.00 plus VAT, per year and equal to € 5,900.00, plus VAT, monthly. Following the first unsubscribed tender, this notice determines the new basic auction price at € 63,720.00 plus annual VAT equal to € 5,310.00 plus VAT, as the total price for both establishments.

This annual amount will be the basic auction price from which higher bids can be made with minimum increases of not less than € 6,000.00 on an annual basis.

The amount of the rent must be paid in advance monthly installments to be paid by the 10th day of each month, by bank transfer to the current account that will be indicated by the Trustee at the time of signing the contract, and made out to the bankruptcy procedure.

The amount of the fee was determined on the basis of the appraisal which is an integral part of this notice and to which reference should be made for any further information, after deducting the discounted amounts for the first call.

Succession in the contracts stipulated for the operation of the rented business unit

The lessee, for the duration of the contract, will not take over the pending contracts relating to the rented business unit.

The lessee may also take over, if interested, in the rental contracts in place on the date from which the company lease will take effect and if not already exercised the right of claim by the third party.

Employment contracts and other employment relationships relating to the business unit offered for rent

At the time of the lease there are no existing workforce as the relationships ceased with the closure of the business on the date of declaration of bankruptcy.

Obligations and rights of the lessee

All ordinary and extraordinary maintenance of company assets referred to in the attached appraisal signed by Dr. Ruggero Di Gennaro.

During the term of the lease of the business unit, the tenant may not sublet,

not even partially, nor can it transfer the contract or the management of the business unit or its parts to any other person. In the same way and in the same period, the tenant may not let third parties use the assets constituting the business unit regardless of the contractual forms adopted for this purpose. Any or any damage resulting from the performance of the business will be borne by the tenant. The tenant must also issue a bank surety policy to the Curatela as a guarantee for the system as well as for the lease payments.

Return of the business unit

At the end of the rental contract, for whatever reason it intervenes, the tenant must return the rented business unit to the Curatela in the same conditions in which he received it, except for the state of use.

To this end, the contract will provide that:

- the business unit must be returned in the consistency existing at the time of the contract, except for normal deterioration due to use;

- with reference to paragraph 8 of art. 102 Presidential Decree 22/12/1986 n. 917 and subsequent amendments and notwithstanding the rule of art. 2561 of the Italian Civil Code, at the end of the lease of the business unit no adjustment will be due as it is settled at the time of signing the contract; consequently the depreciation rates of all leased assets of the business branch will not be deductible in determining the tenant;

- all debts and credits of any kind and nature relating to the business branch, accrued during the rental period, will remain at the expense and benefit of the lessee; in particular, the debts in any capacity accrued in the aforementioned period towards subordinate workers must be paid by the lessee;

- contingent liabilities of any kind and nature, the charges, commitments and responsibilities that derive their cause from facts or acts that occurred or carried out during the term of the lease of the business unit will remain the sole responsibility of the tenant.

Right of access

The lease of the business unit will be terminated in the event of failure or incorrect fulfillment of the obligations arising from the contract to sign, as well as from the obligation to pay the rent, even for a single month, following a simple written communication from the curator.

Express termination clause

Obligation to stipulate

The successful bidder, within thirty days of the award, will have to sign the rental contract with the Curator before a Notary of the Foggia Court at the expense of the successful bidder.

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)

Buyer's Premium Payment Deadline

Awarded lots have to be paid within 20 days from awarding with the costs related to the sale and notary fees

Buyer's Premium has to be paid within 5 days from awarding.

Additional specific terms

Buyer's Premium: equivalent to two months of company leasing rent, as well as resulting from competitive procedure

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\.?

Additional management fees: These are the ancillary costs entirely borne by the successful bidder, intended to cover the services and activities, performed and to be performed, necessary for the preparation, organization, and management of the sale of the goods at auction and subsequent adjudication phase. 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. Where due, these charges will be indicated in the sheet of each lot.

VAT: not due. Sale subject to taxes by per law.
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.

Auction base price is equal to annual rent.

Lots are sold as is. Viewing is reccomended.

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

Cond. Específicas Subasta 13969

13969: Business rental and resale of beverages e distribution of poly-fuels - Bank. 45/2020 - Foggia Law Court - Sale 2