SPECIFIC TERMS AND CONDITIONS
FOR COMPLETE REGULATION, CONSULT SALE NOTICE PRESENT IN 'ATTACHED' SECTION
Auction timing:
Starts: mié 03/04/2024 horas 16:00
Ends: mar 09/04/2024 horas 16:00
Viewing conditions:
Viewing time:
by appointment
All lots viewings must be booked. Please contact: logistica@gobidgroup.com – tel +39.02.86882269
Payment condition:
Deposit
The present gathering is subject to a mandatory deposit of 10% of the offer price.
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 working 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:
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.
- 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)
the company branch consists of a seaside area to maintain a hauling, storage, launching and maintenance station for boats and two buoy fields, located in via Tonnara snc, Riviera di Levante, granted for use by the Authority Of the Strait Port System right maritime state concession no. 2022/0003/MI rep. n. 1579 expiring 31-12-2025 and non-renewable upon expiry by virtue of the payment of a state fee (of €30,214.70 for the period 01-01-2023 to 31-12-2023, pursuant to resolution 23/0005/MI of 14 March 2023) which will be determined with a specific determination by the concessionaire for the following years.
In relation to the state concession, it should be noted that sub-entry into it is not automatic with the transfer of the company, but requires specific authorisation, following an investigation, from the competent Port System Authority of the Strait pursuant to art. 46 cod. Nav. No responsibility can be attributed to the Receivership in the event of rejection of the sub-entry request for reasons attributable to the successful tenderer.
and some land areas leased, in whose contracts the successful tenderer may take over pursuant to art. 2558 c.c.
a) by the company XXXXXXXX based in Milazzo, via Tonnara 53, pursuant to the lease agreement dated 16 May 2017 with expiry following the tacit renewal on 15 June 2029, registered in Barcellona Pozzo di Gotto on 21 July 2017 at no. 001720 series 3T, concerning the land located in via Acqueviole, registered in the Land Registry on sheet 8, parcels 85 and 86, for an annual rent of €48,000.00 plus VAT (€4,000.00 plus VAT per month);
b) by Messrs. XXXXXXXXXX according to the lease agreement of 1 August 1998 expiring on 30 July 2028, registered in Milazzo on 5 August 1998 at no. 1773 series 3, concerning the land located in Milazzo, via Acqueviole, registered in the Land Registry on sheet 8, parcels 19 and 20, where there is a shed in a prefabricated metal structure, for an annual rent of 12,000.00 euros (twelve thousand point zero zero) (1,000.00 euros (one thousand point zero zero) per month);
- from goods instrumental to the performance of the activity as identified in the attached list;
- from the name of the company "Fotimarine" and the related domains;
In relation to the business branch being transferred, it is also specified that in the aforementioned business branch Mr. XXXXXXXXXXXXX works in whose relationship the successful tenderer will have to take over pursuant to art. 2112 c.c. and that the transfer in derogation of art. 2559 and 2560 of the Civil Code. it will not entail the solidarity of the buyer for the credits and debts accrued before the transfer.
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 30 days from awarding with the costs related to the sale and notary fees
Buyer's Premium has to be paid within 10 days from awarding.
Property transfer
Property transfer will take place with a deed issued by the Notary Public, identified by the procedure, at the expense of the successful tenderer, only after full payment of the hammer price, expenses and Buyer's Premium.
In case of lack property transfer finalization, the sale will be canceled and the amount paid by the user who awarded the lot as Buyer's Premium will not be refunded, as a penalty.
all tax charges and any other charges connected to the transfer are borne by the successful tenderer
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 making the company available
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 8,00% + 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.
Sale is subject to registration tax and VAT
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.
We recommend viewing the assets and the places where the activity is carried out, given the need for extraordinary maintenance works on the pier and on part of the properties leased, highlighting that the sale takes place in the state of fact and law in which the goods are found without any guarantee from the Receivership for defects in the thing sold.
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 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