21594: Cesión de Empresa - Sector Producción de Bebidas - Fall. 23/2019 - Trib de Chieti - Venta 6

SPECIFIC TERMS AND CONDITIONS

FOR COMPLETE REGULATION, CONSULT SALE NOTICE PRESENT IN 'ATTACHED' SECTION

Auction timing: 

Starts: lun 12/02/2024 horas 12:00
Ends: mié 03/04/2024 horas 12:00

Viewing conditions:

Viewing time:

by appointment

All lots viewings must be booked. Please contact: logistica@gobid.it – tel +39 02 86882269


Payment condition: 

Deposit 


The present gathering is subject to a mandatory deposit of 15% of the offered price for each lot

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 gathering deadline.

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 Rules:


The sale will take place according to the following phases:


- Collection of irrevocable purchase offers (PHASE 1)


All bidders, except the subjects by law not allowed to take part in the gathering, after having joined the site www.gobid.it, will be required to send an irrevocable purchase offer at a free amount, trough compilation of offer form (published online as ALLEGATO B) and send it undersigned for acceptance of the conditions proposed, at the following address:

gobid@pec.it

in conjunction with the copy proof of the Bank confirming payment of the warranty deposit required.

Irrevocable purchase offers presenting by potential buyers must be accompanied by payment of securety deposit required, the payment of which will constitute, in itself, a formal commitment to purchase by the underwriter of each offer.
 

Best offer received at certified email address provided by agent may be used as an auction base price for a competitive sales experiment to be conducted on Platform.

Agent will be responsible for informing all tenderers in any way whether they are or not best bidders when formalizing the above-mentioned irrevocable purchase offer.

Principal reserves, at its sole discretion, the right to accept or not irrevocable purchase offers submitted by potential buyers. Bids that are not deemed to be appropriate will therefore be rejected by Principal, without any costs incurred by Procedure.

In the event of acceptance of the best offer, Principal will appoint agent at next sale, to be auctioned online on the basis of best offer received and whose specific terms are shown below. 

Offers must be submitted in the manner specified in the attached offer form and must contain:

- Identification of contractor, with complete indication of personal details and details of a identity document, specifying of fiscal code and, in the case of physical person married, the matrimonial regime that existed between the two spouses;

- Chamber of Commerce Comany Registration of company or individual company and an identity document of legal representative (for company) or owner (for individual company);

- price offered for building

The potential buyers must agree to terms and conditions of use of the platform and terms and conditions of use of the gathering and of possible subsequent auction, as stated in the present document.
 

- Time auction exclusively online (PHASE 2)
 

Best offer received at certified email address provided by agent may be used as an auction base price for a competitive sales experiment to be conducted on Platform.

This offer will be formalized by the Mandatory, 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 be invited, instead, to make a raise on the platform, according to the procedures published online on the website dedicated to the auction.
For the purpose of identifying the best offer received, please refer to what is indicated in the notice of sale.


Lots Availability

Any prejudicial formalities affecting the goods being sold will be canceled by the liquidator and at the expense of the purchaser after the sale in the manner provided for in Article 5 of Law no. 400/1975, within the limits set by the law.
Any charges arising from the sale, including tax charges, and any expenses related to the cancellation of the prejudicial formalities are the responsibility of the buyer.

The successful tenderer of "LOT 1", if this Lot were to be awarded before "LOT 2", expressly authorizes the Receivership immediately to keep within "LOT 1" all the goods indicated in "LOT 2" as he cannot the Receivership will arrange for the removal of movable assets subject to production activities located in the industrial warehouse until the time of their award and transfer. In response to this authorization, the Curatorship will recognize the successful bidder of "LOT 1" with an all-inclusive monthly fee (also for ordinary and/or extraordinary expenses) of €1,000.00 (one thousand/00), plus VAT if due, from the stipulation of the notarial deed of transfer of ownership until the warehouse of the goods referred to in "LOT 2" is released. Furthermore, the successful bidder of "LOT 1" undertakes to make the assets referred to in "LOT 2" fully available to the Receivership starting from the provisional assignment for this last Lot following the presentation of a purchase offer by third parties within the peremptory deadline. and cannot be extended by ten days from notification of the provisional assignment report

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
 

The payment of the balance of the clearing price must be made by cashier's check to be delivered together with the deed of sale or by bank transfer in advance to the current account indicated by the procedure:

• LOT no. 1 (Industrial Building in Ortona (CH)): within a term not exceeding 90 days from the (provisional) award;
• LOT no. 2 (movable property subject to production activity): within a term not exceeding 90 days from the (provisional) award;
• LOT n.4 (tractor, trailers and other tanks): within a term not exceeding 30 days from the (provisional) award;
• LOT No. 5 (trademarks): within a term not exceeding 30 days from the (provisional) award.
LOT no. 6 (Sale of Company - Beverage Production Sector): within a term not exceeding 90 days from the (provisional) award;


The Buyer's Premium plus VAT relating to lots no. 1,2 and no. 6 must be paid by the successful tenderer within 20 days of the (provisional) award.

The Buyer's Premium plus VAT relating to LOT no. 4, and 5 - must be paid by the successful tenderer within 5 days of the (provisional) award.


Collection conditions

 
The collection of the awarded lots by the buyer can take place only after the payment of the amounts due relating to the lots awarded and the foreseen commissions (Buyer's Premium, additional management fees).
 

The transfer/withdrawal operations, with costs to be borne exclusively by the successful tenderer, must be completed:

• LOT n.1: within the term not exceeding 120 days from the (provisional) award;
• LOT n.2: within the term not exceeding 120 days from the (provisional) award;
• LOT n.4: within the term not exceeding 45 days from the (provisional) award;
• LOT n.5: within the term not exceeding 45 days from the (provisional) award.
• LOT n.6: within the term not exceeding 120 days from the (provisional) award;

All amounts relating to accessory management charges are to be considered net of VAT.



LOT TITLE FEES (EUR)
1 Industrial Building in Ortona (CH) 0
2 Movable Goods Object
of Production Activity
40.000,00
4 Truck, Trailers 2.000,00 
5 Trademark and Goodwill 0
6 Sale of Company - Beverage Production Sector 0










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. These dates may also be indicated on the auction web page. In any case, GOBID INTERNATIONAL AUCTION GROUP SRL can change the dates and times of collection indicated at its sole discretion.
 
In the event that the successful bidder should carry out the withdrawal on later dates, he will have to pay a fee between EUR 250.00 and EUR 350.00 plus VAT per day per operator, depending on the size of the goods to be retire, as additional skills.
 
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, when present.
 
- 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 250.00 and EUR 350.00 plus VAT per day per operator, depending on the amount of goods to be collected, as additional skills.
 
Failure to comply with an unscheduled collection date agreed between GOBID INTERNATIONAL AUCTION GROUP SRL and the successful bidder, this one  will result in the application of a penalty of EUR 350.00 if the non-collection is not notified at least 48 hours before the appointment, without prejudice, in any case, to compensation for the greater damage suffered by GOBID INTERNATIONAL AUCTION GROUP SRL.
 
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 collection operations must be carried out by the buyer in compliance with the current safety regulations established by law; the same will therefore be required to make the necessary adjustments in this sense also in reference to any third parties and / or collaborators employed in carrying out the operations.
 
The buyer is responsible for any disassembly, handling, loading and transport of the awarded lots and, in the case of registered movable property, for handling the paperwork required to carry out the necessary changes of ownership
 
The transfer of ownership must therefore be carried out by and at the expense of the successful bidder at the practice’s agency self-communicated by the Bodies of the Procedure, or alternatively, communicated by GOBID INTERNATIONAL AUCTION GROUP SRL.
 
In case of export of registered movable property, the buyer must perform the required operations in compliance with current legislation.
 
In any case, GOBID INTERNATIONAL AUCTION GROUP SRL will not make any lot available before the aforementioned payments have been credited and, in the case of registered movable goods, before the completion of the related transfer of ownership.



Additional specific terms

Buyer's Premium: 

 

Buyer's Premium:

The irrevocable purchase offers collected during Phase 1, as well as any bids made during Phase 2, will be subject to the application of the Buyer's Premium plus VAT, due to the auction house GOBID INTERNATIONAL AUCTION GROUP Srl (paid by the buyer), calculated on the final award price, plus VAT, as follows:

LOTS 4 and 5: Buyer's Premium 8%
LOTS 2 : Buyer's Premium decreasing in stages

BUYER'S PREMIUM DECREASING IN PROGRESSIVE STREAKS
Da - a € 0,00 € 200.000,00 3%
Da - a € 200.000,00 € 500.000,00 2,5%
Oltre € 500.000,00
2%


The Buyer's Premium calculation basis is divided into different brackets, each of which is made to correspond to a decreasing rate as the brackets increase.


For each hammer price, the corresponding Buyer's Premium will be given by the sum of the commissions each calculated on the respective reference bracket, according to the methods illustrated in the aforementioned table.


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: Value Added Tax at a rate of 22,00% will be calculated on the awarding price and added to it. (where applicable)

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.

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 responsibility 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
Gobid.it

Gobid.it is a registered trademark by: GOBID INTERNATIONAL AUCTION GROUP SRL

Head Office: Via P.O.Vigliani, 19 - 20148 Milano (MI)

Operating Headquarters: Via Merloni, 17/U - 62024 Matelica (MC)

tel: 0039.02.86882269 - fax: 0039.0737.786198 - email: info@gobid.it