Gobid.es

SPECIFIC TERMS AND CONDITIONS

Auction timing:

Starts: lun 05/10/2020 horas 15:00
Ends: jue 17/12/2020 horas 15:00

Viewing conditions:

Viewing time:

by appointment

All lots viewings must be booked. Please contact: logistica@gobid.it – tel +39.0737.782080

Payment condition:

Deposit

The present auction is subject to a deposit of EUR 1.500,00

Lot 0 requires a deposit of EUR 110.000,00

Lots having a starting price equal or higher than € 20.000,00 require a specific deposit. The amount due is indicated in the lot webpages.

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 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.

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

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 the approval of the Delegated Judge

Lots 0 and 1 Collection Conditions:

Deadline for collection of lot 0: within 150 days from the completion of the sale with payment of a penalty of € 10,000.00 for each month or part of a month of delay.

Deadline for collection of lot 1: within 150 days from the completion of the sale with payment of a penalty of € 5,000.00 for each month or fraction of a month of delay

Collection Conditions:

Collection Deadline: 30 days from awarding

Collection

In order to optimize the collection service, GOBID INTERNATIONAL AUCTION GROUP SRL will inform via e-mail the users who awarded the lots about the date and time of collection.

Date and time of collection will be communicated after actual payment of amounts due related to awarded lots.

GOBID INTERNATIONAL AUCTION GROUP SRL may change the date and time of collection at its sole discretion.

The user who award the lots is asked to pay costs for collection assistance.

For the day indicated for collection the user who award the lots, amounts due, where requested, are indicated in each lot webpage. Such expenses will have to be paid in conjuction with buyer's premium as indicated in the provisional awarding confirmation issued after the auction deadline.

In case the usuer who award the lots should need additional dates, a daily amount between 200,00 and 350,00 EUR for each operator, according to the size of the lot will be required for each additional date.

The users who awarded the lots is asked to comply with the indicated date and time. In case the buyer will not complete collection within the indicated date and time the buyer can:

- upon authorization, ask to be admitted for collection in the following sale experiment collection date, if any.

- upon authorization, collect the lots in different/additional dates and time from the ones indicated, paying a daily amount between 200,00 and 350,00 EUR for each operator, according to the size of the lot.

Lack of compliance with a collection date agreed GOBID INTERNATIONAL AUCTION GROUP SRL and the user who awarded the lot, will cause the application for the latter of a fee of EUR 250,00, in case the missing collection date will not be notified within 48 hours before the appointment, in any case, without prejudice to compensation for greater damages.

All amounts asked for collection are VAT excluded.

Lots not collected by the deadline will incur a daily charge of EUR 50,00. In case the lots will not be collected within 30 days from collection deadline,the sale will be canceled and the amount paid (Lots and Buyer's Premium) will not be refunded. GOBID INTERNATIONAL AUCTION GROUP SRL does not deliver lots and does not arrange for their collection or delivery. The buyer is responsible for dismantling, moving, loading and transporting the lots awarded, and in case of vehicles of transfer of property and related procedures. Moreover, GOBID INTERNATIONAL AUCTION GROUP SRL will not make any lots available before the payment will be received and credited.

- Lots 69 - 71 - 72 can be dismantled and withdrawn only after the award and consequent withdrawal of the assets deposited above -

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.

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: Bids on complete lot (Lot 0) will have awarding priority. In case no bids will be received on complete lot (Lot 0) single lots and /or combinations will be awared.

In case that the sum of the winning bids received on single lots will exceed bids received on the complete lot, it will be on Bankruptcy Receiver discretion whether to decide or not to award single lots and /or combinations .

Lot 67:

Together with the molds, the right of pre-use of the unregistered de facto trademark "M Marchioro" is also assigned, accrued by the bankrupt for having used the "M Marchioro" trademark on its products for over 50 years, in addition the domain “www.marchioro.it” to which the currently functioning website is connected is also transferred.

The curatorship instituted case no. 6989/2020 before the Court of Venice - Section specialized in business matters - aimed at obtaining the inhibition and nullity of the registration of the same trademark carried out by third parties. "

Lots are sold as is. Viewing is reccomended.

Possible adaptations of the goods to all the regulations in force and in particular to those of prevention, safety as well as those concerning ecological and environmental protection and - more generally - the regulations in force will be the sole responsibility of the purchaser who will bear any expense with exemption from from any liability in this regard. Any instrumental goods that do not comply with the regulations currently in force on the subject, where included in the inventory, will be considered the object of the sale only as goods "to be scrapped", with the exclusion of any responsibility of the Curate for the hypothesis of use of the same by the transferee. . In particular, for any goods that do not comply with safety regulations, without the CE mark, the contractor is obliged to proceed, at his own exclusive care, charge and risk, to their compliance with the law or, if it is not found to be possible, to their disposal in the forms of the law.

The sale of the assets is carried out in compliance with the provisions of articles 107 and 108, paragraph 1 of the Bankruptcy law; for which the award must be considered provisional and not binding for the curatorship until the specific authorization for the sale by the Delegated Judge is obtained pursuant to Articles 104 ter - 107 - 108 of the bankruptcy law.

The bodies of the procedure reserve the right, at their own unquestionable judgment and without the obligation to give reasons, to be able to suspend or definitively interrupt the award procedure at any time; therefore, in the event that, for any reason, it is not possible to make the award, no type of compensation or expense will be recognized to bidders by both the Curatorial Office and the Gobid Agent

The sale of goods is intended as forced (Article 2919 of the Italian Civil Code) and is arranged for goods seen and liked in the state of fact and law in which they are found.

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

Aviso de cambios en las condiciones de venta

La expresión “gastos/honorarios de asistencia” se reemplaza por “GASTOS DE GESTIÓN COMPLEMENTARIOS”. Este cambio no afecta los importes ya indicados.

Cond. Específicas Subasta 9165

9165: Mechanical and plastic industry - Machinery and equipment - Bank. 128/2019 - Vicenza L.C.

In order to optimize the collection service, GOBID INTERNATIONAL AUCTION GROUP SRL will inform via e-mail the users who awarded the lots about the date and time of collection.

Date and time of collection will be communicated after actual payment of amounts due related to awarded lots.

GOBID INTERNATIONAL AUCTION GROUP SRL may change the date and time of collection at its sole discretion. The user who award the lots is asked to pay costs for collection assistance.

GOBID INTERNATIONAL AUCTION GROUP SRL may change the date and time of collection at its sole discretion.

The user who award the lots is asked to pay costs for collection assistance.