24983: Nissan Cabstar - Liquidación Judicial n. 107/2024 - Tribunal de Florencia

SPECIFIC TERMS AND CONDITIONS

COLLECTION OF IRREVOCABLE PURCHASE OFFERS VIA ONLINE AUCTION FOR LEASED GOODS


Auction timing: 

Starts: vie 22/11/2024 horas 11:00
Ends: mar 24/12/2024 horas 11:00

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 1.000,00

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@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.

Sale Condition

Offers gathering will be performed by competitive auction through gobid.it platform in the following ways:
 
- Auction at time exclusively on-line

Agent reserves the right to accept, and to formalize on-line, any irrevocable purchase offers (with warranty deposit) that were sent before the opening of time limits expected for above-mentioned collection, by completing and signing form.

Collection will be carried out in the following manner:
 
- All potential buyers, except those by law not allowed to sell, after registration in site www.gobid.it, will be required to formalize its irrevocable purchase offer, with online betting, have paid required warranty deposit and expressly accept general and specific sales conditions, published on line on platform.
 
Irrevocable purchase offers, gathered on platform, will have a validity of not less than 60 days, to be computed from the end of collection.

Ended time-limits for offers gathering, Agent will forward best offers received for each lot on sale to Principal whowill be called to finalize awarding procedure of the same no later than 60 days from collection deadline, in case of acceptance of collected offers by Agent and, anyway, to give a ruling as soon as possible in relation to definitive result of collection.

Best offer resulting from experiment of competitive sales treated on Platform, will be submitted for final approval by Principal, who reserves the right to accept or reject any offers that were received through platform, in order to evaluate opportunity of goods realase by procedure authority.

In this connection, will occur following cases:

- Irrevocable purchase offers equal or inferior surrender value of goods, agreed with leasing company. In that case, Principal shall have the right not to accept received offers and mandate will end with nothing due;

- Purchase Offers better to surrender value of goods agreed with leasing company. In this case, in the event that Principal decides to proceed with release of leased assets, Principal undertakes to accept best irrevocable purchase offer collected by Agent by Platform.

Anyway, in case of release of goods object of leasing contract, Principal will be obliged to avail itself of services offered by Agent, throught on-line auction.

Warranty deposit paid by user result at end of collection as best bidder, will be retained by Agent until end of evaluation process delegated to Principal and, anyway, until full collection of goods object of sale. 

Irrevocable purchase offers, formalized through on-line betting, they are binding and constitute a formal obbligation to buy. In the event that highest bidder awarding were to fall, the same will be given with a vengeance, to next highest bidder.
 
In the event that contractor does not pay sale compensation within deadline, the award will be made to next highest bidder.

Highest bid comunication and awarding confirmations

At end of collection, Agent will send a special notice to registered users, with which will be informed if, at end of competitive procedure conducted by on-line auction, will be results or not highest bidders.

After communication of acceptance, by Principal, to contractors, will be sent an awarding confirmation against which will be required to make payments by term of fixed date.

AT END OF AUCTION ANY COMMUNICATIONS DISPLAYED ON PLATFORM ABOUT LOTS AWARDING WILL NOT BE CONSIDERED VALID UNTIL ACCEPTANCE OF OFFER BY PRINCIPAL

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. 217, comma 2°, C.C.I.I. 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

The lots awarded by the user must be paid for within 5 days from acquisition of availability of goods by official receivers

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 acquisition of availability of goods by official receivers
 
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 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.
 

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