24205: Cesión de Ramo de Empresa - Sector Construcción - Quiebra n. 30/2020 - Tribunal de Messina

SPECIFIC TERMS AND CONDITIONS

Auction timing: 

Starts: vie 04/10/2024 horas 16:00
Ends: jue 07/11/2024 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 auction is subject to a deposit of EUR 5.000,00

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@gobidgroup.com

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.
 

Lots Availability


Any registration related to preemption rights, registration of foreclosures and seizes, or any other tie falling on the lots on sale will be cancelled complying to art. 108 Bankruptcy Law (Legge Fallimentare) once the sale will be completed and the price will be fully collected. Any formalities for cancellation will be on buyer's expenses.

Any costs relating to the transfer of ownership, including any double passages and related charges, will be borne by the successful bidder

In case of export of registered movable property, the purchaser must carry out the required operations in compliance with current legislation. It should be noted that for the purposes of cancellation for export, on the date of the request, the vehicles must be in compliance with the inspection obligations established by law.

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

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, only after full payment of the hammer price, expenses and Buyer's Premium.


For all that is not foreseen here, the current laws apply.

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.

It should be noted that, with the award of the company branch, the buyer undertakes to take over all the contractual relationships pending at the final award date, as these are an integral part of the goodwill of the company in liquidation and of the value company of the same.

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 provisional award. 
 
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 dismantling, handling, loading and transport of the awarded lots and is required to leave the places affected by the withdrawal in safe conditions and free from goods and/or waste materials produced by him during the aforementioned operations . In the case of registered movable property, the buyer is to be considered responsible for carrying out the procedures necessary to carry out the necessary transfers 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.
 

Bids on Complete Lot: In the event that no offer is received on the complete lot (Lot 0), the individual lots and / or combinations will be awarded.

In the event that offers are received on the complete lot (Lot 0), the bodies of the Procedure at the end of the auction reserve the right to award this lot or not on the basis of the values reached by the individual lots.


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 responisibility 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