SPECIFIC TERMS AND CONDITIONS
Auction timing:
Starts: Wed 12/04/2023 saatler 16:00
Ends: Fri 28/04/2023 saatler 16:00
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 340.000,00
Lot 0 requires a deposit of EUR 0,00
Lots having a starting price equal or higher than € 15.000,00 require a specific deposit. The amount due is indicated in the lot webpages.
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.
Fees
The sale of the Lots will take place without any charges and encumbrances.
Notwithstanding this, all taxes and duties relating to the award of each lot that are legally applicable will be borne by the successful bidders, who will also have to assume the notary, registration and any other costs related to the award. Under no circumstances will the bankruptcy company bear any type of expense related to the award, including the tax on the increase in the value of the land (capital gain) which accrues in the case.
In addition, the buyer will be responsible for all suspended amounts that may exist relating to real estate taxes, the condominium fee, and all those accrued and unpaid taxes and expenses weighing on the assets, which are applicable by law.
The cancellation order of charges will be issued only by the Court, once the effective accreditation of the transmission of the assets has been made by the Bankruptcy Curator, and, in the case of assets subject to privileged credit, the payment to the privileged creditor.
The bankruptcy receivership will request the Court to cancel the charges and registration notes both of attachments and deriving from the insolvency procedure, the cancellation costs will be borne by the successful tenderer.
Rules for participation and awarding
The sale will take place according to the following phases:
- Collection of irrevocable purchase offers (PHASE 1)
The collection will be performed using the following methods:
To participate in the sale, the user must register on the website www.gobid.es, entering their personal data, request registration for the sale, accepting the terms and conditions.
Furthermore, he must present the offer model (published online) and send it signed, for acceptance of these conditions, to the following email address: info@gobid.es together with the accountant of the security deposit transfer and other documentation specified in the "Notice of Sale" document collection of offers".
The presentation of the offer model together with the payment of the required security deposit, is equivalent to the acceptance of the conditions of use of the www.gobid.es platform, of the general and specific conditions of the collection of offers and any auction and of having read and complied with all the documentation attached to the sales page.
The data entered by the subject during registration on the site and at the auctions will be the same to which the award will eventually be attributed and to which the lots will be registered. All required payments, before and after the sale, must be made by the registered parties. Any proxies or proxies may be taken into consideration with the prior authorization of the Mandator.
Irrevocable offers submitted will constitute a formal commitment to purchase by the bidder.
The offers received at the e-mail address indicated will be examined by the Principal who may, at its sole discretion:
a) Do not accept any of the offers presented
1. Accept what he considers the best offer without going to phase 2 (online auction) subject to acknowledgment of the buyer's premium due to the Agent to be paid by the successful tenderer.
1. Select the one that considers the best offer, however, linked to the prior implementation of an online auction on the Gobid.es platform, with the aim of improving the economic criterion of the same, since the perimeter of the Company Branch cannot be modified.
1. Select multiple offers, one for each company branch perimeter, considered valid for the creation of an online auction on the Gobid.es platform, with the aim of improving the economic criterion of the same, as the Company Branch perimeter cannot be changed.
The Mandator reserves the right, at its sole discretion, to accept or reject the irrevocable purchase offers presented by potential buyers. Offers that are not considered appropriate will therefore be rejected by the Mandator.
In the event of acceptance of the best offer, the Mandator will appoint the Assignee to carry out the subsequent sale, to be carried out by online auction on the basis of the best offer received and whose specific conditions are set out below.
- Timed Auction exclusively online (PHASE 2)
In case of admission of one or more offers in the offer collection phase, which are not accepted directly, the Mandator will appoint the Mandate for the subsequent sale, using the offer received to be carried out on the Gobid Platform as the auction base and reserve price. eg.
This offer will be formalized by the Assignee, in the name and on behalf of the bidder, through an online bet on the platform, for an amount equal to the value of the aforementioned offer, while the other bidders will instead be invited to make a bid on the platform, according to the published methods online on the web page dedicated to the auction.
The Assignee will take care to inform all bidders in any manner whatsoever of whether or not they are the best bidders at the time of formalization of the aforementioned irrevocable purchase offer.
At the end of the auction, the Insolvency Trustee will choose the lot of the Company Branch that it considers the best offer, at its sole discretion. The chosen offer may be accepted or a further auction may be authorized by the Receivership, with the aim of improving the economic criterion of the offer, as the perimeter of the Company Branch cannot be modified. Any auction will be reserved only for users who have participated in one of the lots of the Company Branch of the previous auction.
Warning: both in the case of offers accepted in the first phase (collection of offers) and for the second phase (online auction) the Bankruptcy Receivership will duly inform the Court with the aim of obtaining Judicial Authorization for the award or authorization for the bankruptcy receivership for the sale. Only once the offer has been approved by the Court will confirmation of the award be sent to the highest bidder with instructions for making payments on time. possibility of communicating the offer to the Court for its approval. In this case, only once the offer has been approved, will confirmation of the award be sent to the highest bidder with instructions for making payments within the established terms. In the event that the Court does not authorize the award of the Company Branch to the best offer presented by the Bankruptcy Receiver, the sale cannot be formalized, the offer will be canceled and the deposit paid will be returned.
Payment method
Payment of the Buyer's Premium must be made entirely by bank transfer using the coordinates communicated at the time of registration or together with the communication of the award (see general conditions of the auction).
The provisional successful bidder must deposit the total auction price plus VAT (if applicable) into the Trusteeship Account, which will be indicated at the time the award confirmation is sent, within the established deadline. (see general conditions).
Any costs of transfer of ownership, notarial deed and eventual cancellation in any public register of the charges or encumbrances established on them, must be made before the date established for the formalization of the sale. Once all amounts have been paid, the property will be transferred by notarial deed, according to the methods established by the Client.
Payment deadline
Payment of the Buyer's Premium must be made within 10 days of notification of the awarding.
Payment of the clearing price must be credited within 30 days of notification of the awarding.
It is possible, subject to authorization by the Bankruptcy Administration, to pay the clearing price at the time of formalization of the sale before a notary.
Property transfer
The transfer of ownership will take place through a notarial deed in the manner established by the Bankruptcy Receivership, only after full payment of the hammer price, the commission (Buyer's Premium) and the expenses due. All costs must be borne by the successful tenderer.
The transfer of ownership must be completed within a maximum period of 30 days from the sending of the award confirmation, and only the Bankruptcy Trusteeship can extend this term.
Finally, the Mandator will undertake to notify the Delegated Judge so that in turn he will cancel the prejudicial registrations on the properties being sold. The cost of any cancellations will be borne by the winners.
In the event of failure to complete the transfer of ownership, the sale will be considered automatically terminated and the amount paid by the buyer as Buyer's Premium will be withheld as a compensation penalty.
Additional specific terms
Buyer's Premium:
A percentage % charge + VAT will be added to the price of each awarded lot.
The above mentioned percentage charge will be applied according to the modes shown in the following table:
|
DECREASING BUYER'S PREMIUM WITH GRADUAL STAGGERS |
|
|
From - to |
€ 0,00 |
€ 1.500.000,00 |
4% + VAT |
|
From - to |
€ 1.500.000,01 |
€ 2.800.000,00 |
3.5% + VAT |
|
From - to |
€ 2.800.000,01 |
€ 4.000.000,00 |
3% + VAT |
|
Beyond |
€ 4.000.000,01 |
|
2.5% + VAT |
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.
Award Taxes: VAT and/or all those taxes that are applicable according to the legislation and the successful tenderer will be applied.
Extra-Time: if a winning bid is made in the 5 minutes prior to the close of the auction, the time to place another bid will be extended by a further 5 minutes from the last bid received. Thus, to the bitter end, for each winning offer received within the 5 minutes of extra time, the time needed to make another offer will be extended by a further 5 minutes from the last bet received. Automatic raises in the event of a maximum bid (proxy bid) will also be considered winning bids.
The lots are sold as they are. Furthermore, anyone presenting an offer does so by accepting the current cadastral and urban planning conditions. Viewing is recommended.
All costs generated by the sale will be borne by the successful tenderer, including collection and handling costs, any costs of transfer of ownership, notarial deed and any cancellation from any public register of charges affecting the specific asset.
With the deed of presentation of the purchase offer of the business branch in the public auction through the IT portal GOBID ESPAÑA SL, the contractor declares and accepts: knowing and accepting the state of conservation of the installations, the legal situation, town planning, registration and administration of all properties, the administrative and legal situation of the administrative licenses for the exercise of current business activities and the commercial brand, the state of conservation of the technical installations, machinery, tools, other fixed assets, transport elements, computer equipment, furniture, or any other movable or immovable property, the almost zero probability of recovering all credit rights, loans, financial investments, deposits granted, the non-existence of a balance in the bank current account, knowledge of rental agreements locative that are transmitted.
All this without being able to claim anything either from the bankruptcy trustee or from the bankrupt company, partners or directors, and expressly renouncing any type of action that the successful tenderer may pay for damages, hidden defects or any other possible action.
The offeror or successful tenderer declares to know and accept the contents of the Settlement Plan and the self-approval. These documents are available through a data room on the sale page, which can only be accessed after signing the confidentiality agreement. Furthermore, he declares that he has read and accepts the contents of the "Notice of Sale" document included in the sale page and in general, he declares that he has received all the information necessary for the manifestation of his offer voluntarily, freely and with in-depth knowledge and full of all the aspects and circumstances necessary to formulate it.
The successful bidders or buyers of any lot or asset expressly waive any claim for the condition of the goods. In this regard, interested parties who expressly request it will be allowed to verify the condition of the goods included in the Lot, on the dates previously agreed with Gobid. For no reason can the Mandator nor Gobid España SL be held responsible for the proper functioning, condition, ITVs, etc. of the Company Branch lot.
The sale of the goods is understood to be forced and arranged for the goods seen and liked in the state of fact and law in which they are found. In the case of forced sale, there is no warranty for material defects. It cannot be contested for damages.
Consequently, the existence of any defects or lack of quality or discrepancies in the thing sold cannot give rise to compensation, indemnity or price reduction.
Any liability on the part of the Assignee is excluded regarding the existence of third party rights on the goods being sold.
The sale takes place with the obligation and burden of the successful tenderer to ascertain their compliance with safety legislation.
