SPECIFIC TERMS AND CONDITIONS
PARTICIPATION IN AUCTION IS LIMITED TO ART. 107 4th PARAGRAPH BANKRUPTCY LAW OFFERER AND TO OFFERER OF PREVIOUS NOTICE N. 17136
FOR COMPLETE REGULATION, CONSULT SALE NOTICE PRESENT IN 'ATTACHED' SECTION
Gathering timing
Starts :
Tue 28/02/2023 ώρες 16:30
Ends :
Fri 10/03/2023 ώρες 16:30
Viewing conditions:
All lots viewings must be booked. Please contact:
info@gorealbid.it – tel +39.0737.782080
Deposit
The present gathering is subject to a mandatory deposit of 10% of price offered.
Deposit has to be paid in one of the following ways:
1- Via bank transfer to the following account:
MONTE PASCHI DI SIENA SPA
Agenzia di Fabriano
ABI: 01030
CAB: 21100
CIN: K
IBAN: IT 43 K 01030 21100 000000414486
BIC/SWIFT: PASCITM1K07
assigned to GOBID INTERNATIONAL AUCTION GROUP S.R.L.
The procedure for identifying the tenant will take place under the following conditions:
The lease of the business unit will be in the factual and legal state in which the assets that compose it are located, therefore, the guarantee for defects will not be found and cannot be challenged due to injury. (Art. 2922 of the Italian Civil Code).
Consequently, the existence of any defects or lack of quality or discrepancies in the assets of the rented business unit cannot give rise to compensation, indemnity or price reduction.
It is the precise responsibility of the subjects who intend to participate in the auction to first examine the status, in fact and by law, of the individual assets that make up the company branches (furniture and real estate), as well as the contractual relationships in place (including those of the employees currently in force in the company branches), reiterating that, in any case, the company branches are sold as seen, evaluated, known and accepted by the Lessee, who, by participating in the auction, expressly declares to have them carefully evaluated and to have found them perfectly suitable for their intended use and to your full satisfaction; therefore, any liability of the company that owns the company branches, its successors in title and GOBID INTERNATIONAL AUCTION GROUP Srl is expressly excluded, with reference to any asset making up the company branches subject to the auction, including the existence of any rights of third parties on the leased business unit (Article 2920 of the Italian Civil Code).
The leasing of the company takes place with the obligation of the successful bidder to ascertain the conformity of the assets constituting the company with the safety regulations.
Viewing, therefore, is recommended.
OFFERS AND METHOD OF PARTICIPATION
The identification of the person with whom to enter into the rental contract of the business unit will be carried out with the formula of the competitive online auction through the website www.gorealbid.it in the manner established below.
METHOD OF PARTICIPATION
To participate in the auction, the interested user will be asked to register first on the website www.gorealbid.it and then for the single reference auction, expressly accepting the General Conditions and the Specific Conditions. The data entered by the subject when registering on the site and at auctions will be the same to whom the award will eventually be attributed and to whom the business branch rental agreement will be made out.
The registered user will then be required to pay the security deposit required exclusively by bank transfer for an amount equal to 10% of the aforementioned base price in the manner specified in the conditions published on the lot sheet on the website www.gorealbid.it. The deposit must be strictly credited before the end of the auction, unless otherwise indicated in the specific conditions published on the lot sheet.
In addition, to be enabled, the bidder must send an accounting copy of the transfer made by email to the pec address gorealbid@pec.it together with the documentation requested below.
If the bidder is an INDIVIDUAL:
- Copy of a valid identity document of the person to whom the rental contract will be made out (it will not be possible to make the contract name of a person other than the one who is registering and registering for the auction)
- Copy of the tax code
If the bidder is a LEGAL PERSON:
- updated certificate of incorporation or C.C.I.A.A.
- Copy of a valid identity document of the person participating in the auction representing the company and, in the case of a person other than the legal representative, copy of the deed showing the related powers
- Copy of the tax code of the person participating in the auction
- 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 required by specific conditions, additional documents will be requested which will be integrated with the aforementioned.
PROCEDURE FOR COMPLETING OFFERS AT BASIC AUCTION PRICE
The offer for the lease of a business unit by auction is irrevocable by law.
The combined provision of the credit of the security deposit, of the formalization of the registration for the auction - with express acceptance of the general and specific conditions, published online on www.gorealbid.it - and of the sending by the user of the entire supporting documentation, as specified above, will be considered equivalent to an irrevocable offer for the rental of the business unit at the price set as the auction base and will itself constitute a binding commitment on the part of the user to stipulate the relative rental contract.
This offer will be formalized on the platform directly by Gobid International Auction Group Srl by online bidding, on behalf of the first user who has completed the improvement procedure described above.
If there are more participants who have formalized their irrevocable offer, according to the methods described above, and none of the bidders makes a raise on the Platform, the highest bidder and, therefore, provisional bidder, will be the one who, first, in order of time:
- will have carried out the aforementioned procedure.
Gobid International Auction Group Srl will take care to inform all bidders in any way whatsoever of whether or not they are the best bidders when formalizing the aforementioned irrevocable bid.
Subsequent offers, to be valid, must exceed the best offer received, by an amount at least equal to the minimum raise and be received within the deadline for the end of the tender. They will be formalized directly by the user enabled on the www.gorealbid.it platform.
The bets placed are binding and constitute a formal commitment to stipulate the rental contract which is the subject of this procedure.
AWARDING
At the end of the tender, the provisional winner will be the one who presented the best valid offer within the deadline for the end of the tender or the extension period.
In the event of a single bid, the (provisional) award will be made to the only bidder.
The provisional successful tenderer will be required to provide a first demand bank or insurance guarantee in favor of the Procedure stipulated with a primary Company to guarantee the payment of 8 months of rent, as resulting at the end of the auction, for the entire duration of the contract itself. .
The aforementioned surety must be sent to the procedure no later than 10 days from the date of the provisional award, so that the Procedure can verify and evaluate the suitability of the guarantee provided, proceed to the final award and invite the successful tenderer to the Notary designated by the Procedure for the stipulation of the rental contract.
In the event of default, the provisional successful bidder will be declared forfeited from the award, the deposit will be retained as a compensation penalty and the same award will be attributed indefinitely to the next highest bidder. In this case, the original successful bidder may be sentenced to pay the difference with respect to the price of the second / subsequent award.
If no further irrevocable bids are received, the lot will be returned to auction.
Participants in the auction who are not awarded the deposit will be returned within 20 working days of the auction deadline, without interest.
DATE OF EFFECTIVENESS AND DURATION OF THE COMPANY BRANCH RENTAL
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 6 years automatically renewable for one year and so from year to year under the same conditions, as per the draft contract attached.
RETURN OF THE RENTED COMPANY BRANCH
Upon expiry of the rental contract, the successful bidder/tenant must undertake to return the goods in good condition and functioning to the Procedure, except for normal deterioration and/or deterioration of use.
In the event of the definitive award of all or part of the business complex in question as part of the settlement procedure of the arrangement, this contract will be considered automatically terminated, without compensation or penalties, after 90 (ninety) days from the communication of the aforementioned award by of the grantor by registered letter with return receipt to be sent to the registered office of the lessee, or by certified e-mail.
EMPLOYMENT CONTRACTS AND OTHER EMPLOYMENT RELATIONSHIPS RELATING TO THE RENTAL COMPANY BRANCH
The tenant must undertake to take over employment contracts and contracts relating to other employment relationships relating to the business unit being rented, which will be effective from the date of signing the business unit rental agreement.
LICENSES AND AUTHORIZATIONS
All licenses and/or authorizations relating to the activities subject to the lease of the business unit will be transferred to the tenant by the arrangement with creditors, who will undertake to put in place everything necessary for these to be registered in the tenant's name.
Upon expiry of the lease or in the event of a third party buying and selling of the business unit, the tenant will in turn have to put in place all that is necessary for the licenses and/or authorizations to be reintroduced to the Procedure or to the new owner of the business branch subject to this lease.
RIGHTS AND OBLIGATIONS OF THE RENTER
From the signing of the business unit lease contract, the tenant will be required to pay the rent for the lease itself. The monthly fee, and consequently the annual fee, will be no less than € 13,500.00 (monthly accrual of the annual fee equal to € 162,000.00), or equal to the amount resulting from the award and must be paid in advance monthly installments. to be paid within the day, which will be defined in the rental contract, by bank transfer to the current account in the name of the procedure that will indicate it at the time of signing the rental contract.
The tenant is responsible for all ordinary and extraordinary maintenance and repair costs of the assets belonging to the leased business unit, as established in the attached draft of the rental contract.
The lessee is also responsible for all fiscal and non-fiscal charges and expenses directly and / or indirectly connected and/or consequential to the signing of the business unit rental contract.
BUYER'S PREMIUM
Auction fees (Buyer's Premium) equal to 10% plus VAT will be charged to the successful bidder to be calculated on the resulting two monthly fee at the time of the award at the end of the competitive tender no later than 10 days
VAT:
VAT application may vary according to law depending on the awarding subject and will be calculated on the awarding price and added to it. (where applicable)
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