SPECIFIC TERMS AND CONDITIONS
FOR COMPLETE REGULATION, CONSULT SALE NOTICE PRESENT IN 'ATTACHED' SECTION
Auction timing:
Starts: Do 21/04/2022 Stunden 12:00
Ends: Di 21/06/2022 Stunden 12:00
Viewing conditions:
Viewing time:
by appointment
All lots viewings must be booked. Please contact: logistica@gobid.it – tel +39.0737.782080
Payment condition:
Deposit
Participation in the collection is subject to the payment of a mandatory security deposit equal to 10% of the price offered for each single lot.
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 gathering deadline.
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.
Participation Rules:
The sale will take place according to the following phases:
- Collection of irrevocable purchase offers (PHASE 1)
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.
- Time auction exclusively online (PHASE 2)
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.
This offer will be formalized by the Mandatory, in the name and on behalf of the bidder, through an online bet on the platform, for an amount equal to the value of the aforementioned offer, while the other bidders will be invited, instead, to make a raise on the platform, according to the procedures published online on the website dedicated to the auction.
For the purpose of identifying the best offer received, please refer to what is indicated in the notice of sale.
Lots Availability
Any prejudicial formalities affecting the goods being sold will be canceled by the liquidator and at the expense of the purchaser after the sale in the manner provided for in Article 5 of Law no. 400/1975, within the limits set by the law.
Any charges arising from the sale, including tax charges, and any expenses related to the cancellation of the prejudicial formalities are the responsibility of the buyer.
Payment Methods
In the event of an award, the amount paid as a security deposit will be deducted from the award price due in balance and paid into the current accounts of the procedures.
The payment of the balance of the hammer price must be made by two bank transfers to the current accounts in the name of the procedures, subsequently communicated: one equal to 1/3 of the hammer price on the current account of the C.P. n. 11/2014 and the other, equal to 2/3 of the hammer price, on the current account of the C.P. n. 10/2014 2014.
Payment deadline
Payments of the award price quotas must be made within a period not exceeding 60 days from the (provisional) award.
Within the same term, the successful bidder will have to pay the sums in c / expenses for the payment of expenses related to the sale to be borne by the buyer (tax and non-tax charges, statutory taxes).
The Buyer's Premium, plus VAT, must be paid by the successful bidder within 10 days of the (provisional) award.
Property transfer
The transfer of ownership will take place by notarial deed or transfer decree of the Delegated Judge only after full payment of the hammer price, expenses and Buyer's Premium, while the Judge will order the cancellation of all mortgage registrations and all registrations charged. on the good.
The assets are sold free from mortgage registrations and foreclosure transcripts if existing at the time of sale, any registrations and / or transcripts of foreclosures, and / or seizures, as well as expenses related to any other encumbrances, will be canceled at care and expense. of the buying party.
Notary fees, statutory taxes and all costs relating to the sale, both fiscal and non-fiscal, are the responsibility of the buyer.
The bidder will undertake to release the composition procedures from any liability for any damage to property or persons that may derive from the use of the photovoltaic systems being sold after the final award.
The transfer of the agreement and of the credit towards the GSE, connected to it, will take place without any guarantee, with the exception of the ownership of the credit itself.
The composition procedures undertake to facilitate the sub-entry into existing relationships by the bidder, with the exclusion of any burden at its own expense, and to provide, in accordance with the provisions of art. 7 of the GSE agreement, within the terms provided for by art. 10, paragraph 4, of the D.M. 05.05.2011 to notify the GSE, via the IT portal, of the sale of the plant: failure to communicate via the IT portal does not allow to transfer the ownership of the agreements and the disbursement of the incentive to the new responsible transferee.
Any credits accrued and recognized towards GSE, not yet paid by the same at the time of finalizing the sale, will be the property of the composition procedures.
The buyer will be required to leave unaltered both in its main characteristics and in its location and to register all existing contracts with the Energy Service Manager, Distributor, etc.
The sole director of the two companies in the arrangement also undertakes to register all the loan for use contracts, as well as to establish in favor of the buyer an easement and also a surface right within the time duration of the Agreement. with the Energy Services manager, in order to allow the buyer to access the purchased photovoltaic systems.
For all that is not provided for here, the laws in force apply.
Additional specific terms
Buyer's Premium: A charge of 5,00% + 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 considered winning 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 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
