SPECIFIC TERMS AND CONDITIONS

Auction timing: 

Starts: mar 11/03/2025 horas 12:00
Ends: mar 18/03/2025 horas 12:00

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 offered price.

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 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, 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.
 

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)
 

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

The lots awarded to the user must be paid within 30 days from  the confirmation of provisional awarding.
The Buyer's Premium and any additional management fees, if applicable, must be paid within 10 days from  the confirmation of provisional awarding.
(see General Terms and Conditions).

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.

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.

Additional specific terms

The assignee waives any claim against the bankruptcy proceedings even in the event that the Extraordinary Administration procedure should at any time and for any reason rectify the credit subject to the transfer.
The parties potentially interested in the purchase are expressly informed:
- That the base price of the first auction was determined taking into account: 1) the maturation times of the extraordinary administration procedure, also considering that on the basis of the final report presented by the commissioners it is not currently possible to formulate any distribution hypothesis; 2) the impossibility of predicting whether such credit will be even minimally satisfied within the scope of said extraordinary administration procedure; 3) the fact that part of the credit admitted to the liabilities is conditioned on the failure to pay the third-party seizure carried out by XXXXXX, third-party seizure procedure with respect to which the bankruptcy trusteeship does not have the documentation attesting to the payment having been made.
-That the credit subject to the pro soluto transfer is a residual credit, of an unsecured nature, owned by the bankruptcy trusteeship 7/2019 T Terni against the extraordinary administration procedure Legge Marzano of XXXXXX (extraordinary administration no. 1/2018 Court of Rome - credit admitted to the liabilities sub. cron 477) for the total residual amount of €64,332.43, of which €34,410.30 credit is conditional on the failure to pay the third-party seizure carried out by XXXXXX.
-That part of the credit admitted to the liabilities is conditional on the failure to pay the third-party seizure carried out by XXXXXX, a third-party seizure procedure for which the bankruptcy trusteeship does not have documentation attesting to the payment having been made.
-That the portion of the credit admitted to the liabilities of the extraordinary administration procedure Marzano Law of XXXXXX (extraordinary administration no. 1/2018 Court of Rome) equal to €150,108.89, which has been admitted to the Satva Opere Fund and is the subject of subrogation of the Ministry of Infrastructure and Transport in the rights of the bankruptcy trusteeship as it has already been fully paid to the bankruptcy trusteeship in four advances in execution of the second distribution plan (€61,530.17 distribution shares referred to in Annex 1, progr. no. 24, of the D.D. no. 5911 of 20 May 2021, €36,481.45 distribution shares referred to in Annex 1, progr. no. 24, of the D.D. no. 7143 of 20 June 2021, is not the subject of the transfer. 2022, €29,349.46 distribution quotas referred to in Annex 1, progr. no. 24, of D.D. no. 20486 of 18th July 2023, and the remaining credit to settle the amount admitted to the Salva Opere Fund of €22,747.81 balance of the distribution quota referred to in Annex 1 of D.D. no. 43720 of 28th October 2024).

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.

The buyer will be responsible for the notary fees, the legal taxes and all expenses related to the sale, both fiscal and non-fiscal. In particular, the buyer will undertake to proceed at his own expense to notify the transfer to the transferred debtor within 30 days of the completion of the transfer with the procedure.

The communication regarding the exact amount of the charges and their correct specification must be carried out by the procedure as soon as possible.

The procedure must provide for this, taking into account the tax regulations of the operation and any benefits that the buyer intends to avail of. The procedure will therefore be called upon to verify whether the operation is subject to VAT or registration tax and to specify, if the conditions exist, whether it intends to avail itself of the everse charge.

At the end of the sale, Gobid will finally ask the successful bidder if he intends to

avail himself of any tax benefits and inform the procedure accordingly, so that it can calculate the exact amount that the buyer will be required to pay in terms of taxes.

The successful bidder must pay the expenses within 30 days from the end of the sale.

The fees, notary fees and the registration tax relating to the stipulation of the deed of assignment must be paid by the successful bidder, within the same deadline set for the payment of the balance of the award price, into a current account in the name of the Notary who will be responsible for stipulating the notarial deed that will be communicated by the procedure together with the communication of the notary chosen for the stipulation of the deed and the exact amount of the notary fees, the registration tax and the expenses relating to the sale.

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