1745: Aggregates and Concrete Production - Bank. 18/2014 - Fermo Law Court

SPECIFIC TERMS AND CONDITIONS

Auction timing: 

Starts: lun. 20/06/2016 heures 18:00
Ends: ven. 22/07/2016 heures 16:00

Viewing conditions:

Viewing time:

by appointment

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


Payment condition: 

Deposit 

The present auction is subject to a deposit of EUR 1.000,00


Lots having with 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.
The user has to send an official proof of the deposit payment with transaction number to the following address: info@gobid.it, as well as a copy of a valid Identification document assigned to fisical person or legal representative of company registered to auction.

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.

Sale Condition


Company branch in liquidation of a business consists of furniture and fixtures, machinery, equipment, self-propelleds, office machinery, equipment, vehicles, property described to sheet 25, parcel 388 sub.1 in Ponte Maglio of Santa Vittoria in Matenano, cadastral category D7, used as aggregates and concrete production plant of cadastral area 49,400 sqm., which develop structures and buildings with use in offices, warehouses, garages (as appraisal of Surveyor Evandri), support to above-mentioned activities, with exception of assets exposed to claims by the companies already leasing grantors, listed in leasing contract of company branch and its explanatory writing.
Above-mentioned property included in company branch in liquidation of a business has a value of Euro 350,000.

Company branch currently for rent by company Scaviter 2 Srl currently employs four employees, given discharge of Capancioni Claudio, passed under renting company: CANALA LAURO; BOTTICELLI ALESSANDRO; CICCONI FAUSTA; SPACCAPANICCIA ANDREA. Their transfer in sale will be in accordance with reason and for purposes of Art. 2112 Civil Code, except for possibility of partial transfer of employees and of changes to employment contract, like provisions of art. 105, third paragraph L.F. (Bankruptcy Law).

Buyer will be obligated to respect all existing rules both civils and penals, whether resulting from authorization and/or licenses and/or concessions that concern or may concern the business unit activity scope, making exclusive responsibility and relieved Receivership from any performance, responsibility and obbligation, with particular reference to existing legislation on work-safety, fire, environmental, plant design and properties rules in general, correctly and properly timed prescribed and/or requested by competent offices, renouncing to any claim and right of redress towards assignor, even for all that is necessary to mantein full validity and efficacy of any licenses and authorizations related to company and to respect of all instruction given by authorities and institutions.

Unless otherwise agreement, purchaser is not liable for debts relating to management of selled companies, arised before transfer (art. 105, fourth paragraph, bank. law).

Awarding also of a single asset for sale (company branch or single lots) constitutes termination clause of respective contract, with waiver of tenant / usufructuary to any form of compensation for early termination.

Complying to art 105 c2 LF , related to art 1556 C.C. , the sale will be finalized with notarial deed at buyer's expense.


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 28/07/2016 (see General Terms and Conditions).

Collection Conditions: 

Collection Deadline: lun. 22/08/2016 heures 16:00


 

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 amuonts 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.    

Fees

Notarial fess, law taxes and all the other expenses related to the sale, fiscal or not, will be on buyer's expense. 

Property transfer

Property transfer will occur after the full payment of awarding price and all expenses due, by notarial deed in the
modes indicated by the Principal. 


The principal will communicate Delegate Judge to operate for the cancellation of prejudicial registration on the property goods subject of sale complying to art 108 l.f. 

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

Buyer's Premium: A charge of 10,00% + VAT will be added to the price of each awarded lot.

VAT : Value Added Tax at a rate of 22,00% will be calculated on the awarding price and added to it. (where applicable)

It specifies that the sale of company branch is not subject to VAT but to Stamp Duty of 4%.

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

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


 



Notice of changes in the sale's conditions


The wording “assistance costs” is replaced by “ADDITIONAL MANAGEMENT FEES”. This variation does not affect the amounts already indicated.

Gobid.it

Gobid.it est une marque déposée par: GOBID INTERNATIONAL AUCTION GROUP SRL

Siège social: Via P.O.Vigliani, 19 - 20148 Milan (MI)

Siège opérationnel: Via Merloni, 17/U - 62024 Matelica (MC)

tel: 0039.02.86882269 - fax: 0039.0737.786198 - email: info@gobid.it