SPECIFIC TERMS AND CONDITIONS
FOR COMPLETE REGULATION, CONSULT SALE NOTICE PRESENT IN 'ATTACHED' SECTION
Auction timing:
Starts: Fri 23/02/2024 uren 15:30
Ends: Fri 01/03/2024 uren 15:30
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 10% 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:
PHASE 1 – COLLECTION OF IRREVOCABLE PURCHASE OFFERS
All potential buyers, except those legally not admitted to the sale, after registering on the website www.gobid.it, will be required to send an irrevocable purchase offer by completing the participation form (published online), to the certified email address provided by GOBID INTERNATIONAL AUCTION GROUP Srl, together with the bank transfer accountant certifying the payment of the requested security deposit.
Irrevocable purchase offers presented by potential buyers must be accompanied by the payment of the required security deposit, the payment of which will itself constitute a formal purchase commitment on the part of the subscriber to each offer.
The user must pay the requested security deposit by bank transfer to the current account held in the name of GOBID INTERNATIONAL AUCTION GROUP Srl indicated in the specific conditions of sale and on the registration page.
Bids must contain:
The price offered, together with the accounting copy of the bank transfer made as a security deposit;
Furthermore, the following documents must be attached:
If the bidder is a natural person: photocopy of the identity card (or other valid identification document); copy of the tax code; if the bidder is married under legal communion, a copy of the spouse's identity document and tax code must be attached (non-binding document for qualification purposes but required in the event of an award).
If the bidder is a legal person: copy of the updated Chamber of Commerce certificate or Chamber of Commerce certificate, copy of the identity card of the person signing the offer representing the company and, if a person other than the legal representative, copy of the deed or other document equivalent from which the relative powers result.
The offer is not effective if it is received after the established deadline and if the offerer does not provide the security deposit within the prescribed deadlines.
The offer is irrevocable by law and will be valid for no less than 135 days from the expiry date of the collection of offers.
Following the end of the collection of offers, the Curator will proceed to evaluate the irrevocable purchase offers collected by GOBID INTERNATIONAL AUCTION GROUP Srl, verify their formal regularity and determine the adequacy of the amount offered for the purchase of the above lots.
The Trustee reserves, at his sole discretion, the right to accept or reject irrevocable purchase offers presented by potential buyers.
The start of the tender is always subject to the outcome of the preliminary checks delegated to the Curator regarding the admissibility of the offer and the concrete start determination made by the latter.
The decisions of all the bodies of the procedure and, in particular, those taken by the Trustee, the Delegated Judge and the Creditors' Committee are unquestionable by the bidders and any third party and do not give rise to any rights in their hands regarding the procedure referred to in this notice, including that of taking action for any potential compensation for damages.
In case of refusal of the offer by the Curator, because it is equal to or lower than the redemption value agreed with the leasing company, the bidders will receive a communication via email from Gobid International Auction Group Srl regarding the inadmissibility of the offer .
In the presence of a single offer higher than the redemption value agreed with the leasing company and, therefore, admitted at the end of phase 1 - collection of irrevocable purchase offers - the Curator may reserve the right to award the lot or lots for sale, without opening phase 2 - competitive online sales experiment - subject to recognition of the buyer's premium due to GOBID INTERNATIONAL AUCTION GROUP Srl.
In the presence of multiple offers higher than the redemption value agreed with the leasing company and therefore admitted, the highest bid collected will be used as the auction basis for a competitive sales experiment to be carried out online on the www.gobid.it platform ( PHASE 2).
In case of acceptance of the offers collected by Gobid International Auction Group Srl, the Curator will be required to conclude the award process no later than 120 days from the end of the collection, in order to evaluate the opportunity to take over the leasing contracts.
PHASE 2 – ONLINE COMPETITIVE SALES EXPERIMENT
The highest of the bids received will be formalized by GOBID INTERNATIONAL AUCTION GROUP Srl, in the name and on behalf of the bidder, through an online bid on the www.gobid.it platform, for an amount equal to the value of the aforementioned bid, while the others bidders will instead be invited to bid on the www.gobid.it platform, according to the methods published online on the web page dedicated to the auction.
Should multiple bids be received for the same lot, priority will be given to the highest bid received or, in the case of bids of the same amount, to the bid received first, in chronological order (in this case, priority will therefore be given to priority to the first among the bidders who has paid the required security deposit, with consequent crediting of the same to the current account registered in the name of GOBID INTERNATIONAL AUCTION GROUP Srl, after sending the aforementioned bid).
GOBID INTERNATIONAL AUCTION GROUP Srl will take care to inform all bidders in any way whether or not they are the best bidders at the time of formalizing the aforementioned irrevocable purchase offer.
The opening and closing dates and times of Phase 2 - competitive online sales experiment will be communicated to all bidders by GOBID INTERNATIONAL AUCTION GROUP Srl.
The online auction published on the website www.gobid.it will last at least 6 days.
If bids are placed in the last 5 minutes before the deadline expires, the deadline will be automatically extended by 5 (five) minutes to give all bidders the opportunity to make further bids.
The curator can always reserve the right to suspend, for any reason and/or motive, the tender procedure, without the bidders and/or any third party being able to raise exceptions.
The www.gobid.it portal will ensure that the personal data of each bidder are not visible to other bidders until the definitive closure of the telematic sales operations.
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 5 days from auction deadline (see General Terms and Conditions).
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).
In any case, the collection should absolutely be done before and no later than 30 days from the date of acquisition of the availability of the assets by the procedural bodies
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: A charge of 10,00% + 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.
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 condisdered winnig 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
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)
Gobid.it is een geregistreerd handelsmerk van: GOBID INTERNATIONAL AUCTION GROUP SRL
Hoofdkantoor: Via P.O.Vigliani, 19 - 20148 Milaan (MI)
Operationele hoofdkantoor: Via Merloni, 17/U - 62024 Matelica (MC)
tel: 0039.02.86882269 - fax: 0039.0737.786198 - e-mail: info@gobid.it