4698: Complete Bakery with Shop - Bank. 1061/2013 - Milan Law Court - Offers Gathering

SPECIFIC TERMS AND CONDITIONS
 
Gathering timing: 
 
Starts: Mon 21/01/2019 at 17:00
Ends: Tue 05/02/2019 at 17:00
 
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 participation in the collection is subject to the payment of a bank transfer, as an advance on the Buyer's Premium equal to 1% of the base price, payable to GOBID INTERNATIONAL AUCTION GROUP Srl, to be made to the following current 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

In addition, each bidder must pay a security deposit equal to 10% of the offered price, to be paid by bank transfer / non-transferable check made out to FALLIMENTO SAN TOMMASO Snc., Bank details:
 
BANCO BPM SPA - Agenzia 21
 
ABI 05034 - CAB 01737 - CIN Q
 
IBAN: IT05Q0503401737000000015996
 
CIN / SWIFT BAPPIT21021.
 
Deposit has to be necessarily credited before the gathering deadline.
 
 Participation Rules:
 
 
The gathering will be done using the following modes:
 
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 at a free amount, 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.
 
 
Best offer received at certified email address provided by agent may be used as an auction base price for a competitive sales experiment to be conducted on Platform.
 
Agent will be responsible for informing all tenderers in any way whether they are or not best bidders when formalizing the above-mentioned irrevocable purchase offer.
 
Principal reserves, at its sole discretion, the right to accept or not irrevocable purchase offers submitted by potential buyers. Bids that are not deemed to be appropriate will therefore be rejected by Principal, without any costs incurred by Procedure.
 
In the event of acceptance of the best offer, Principal will appoint agent at next sale, to be auctioned online on the basis of best offer received and whose specific terms are shown below. 
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.
 
Lots Awarding
 
After the auction deadline a provisional awarding confirmation will be sent to the user who will award the lot from which the user will have to comply with payments within the dates indicated. The provisional confirmation will be sent to the Principal who will inform, in accordance with art 107 L.F., each mortgage holder, or provided with special movable privilege, and to inform the Delegte Judge (Giudice Delegato) and the Creditors Comittee of the result of the procedure, by registering the related documents in Law Court.
 
 
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 5 days from auction deadline (see General Terms and Conditions).
 
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 user 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.    

Property Trasfer

Property transfer will occur with delegate judgee decree, with specific conditions agreed in advance.
 
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)

Fees: Possibile additional fees due as by law, will be on buyer's expense.
 
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 considered winning bids as well.

For sale the complete company, currently on rent, with a renovated contract for additional 5 years (expiry date 2020), with an annual tax of Euro 47.000 + VAT. Termination is always  possibile with 6 month notice.  Result at responsibility of tenant also the rents indicated at word d) of attacched art. 2 (Euro 65.600 + VAT) inclused on company.
 
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 responsibility 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