17363: Company transfer/lease - Waste disposal - Criminal Procedure No. 3382/2015 - Trib. Law Court of Catanzaro

SPECIFIC TERMS AND CONDITIONS

THIS SALE IS REGULATED BY SALE NOTICE DOCUMENT ONLINE PUBLISHED ON NOTICE WEBPAGE

Auction timing: 

Starts: vie 24/02/2023 horas 15:00
Ends: vie 14/04/2023 horas 15:00

Viewing conditions:

Viewing time:

by appointment

All lots viewings must be booked. Please contact: [email protected] – tel +39.0737.782080


Payment condition: 

Deposit 


The present auction is subject to a specific deposit for each single lot. 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 way 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: [email protected]

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.

 

How to Participate
 
To take part in the auction, the user must first register on the website www.gobid.it, entering their personal data, then in the single reference auction, accepting the terms and conditions.
The data entered by the subject during registration on the site and at the auctions will be the same to which the award will eventually be attributed and to which the company or the rental contract of the same will be registered. All required payments, before and after the auction, must be made by registered parties. Any proxies or proxies may be taken into consideration with the prior authorization of the Liquidator.
 
The registered user will have to pay the required security deposit by bank transfer to the current account indicated in the specific auction conditions and on the registration page.
The user is required to specify in the reason for the transfer the auction number for which he intends to participate and at the same time send an accounting copy of the transfer made to the address [email protected]
The deposit must absolutely be credited before the end of the auction, unless otherwise indicated in the specific conditions of sale.
 
In addition to crediting the security deposit, the user, to be enabled to participate in the auction, must provide the following documents by sending them to the address [email protected]
If the bidder is a INDIVIDUAL:
• Copy of a valid identity document of the subject to whom the company or the rental contract of the same will be registered (it will not be possible to make the transfer or stipulate the rental contract to a person other than the one signing the registration, according to the procedure described below)
• Copy of the tax code.
If the bidder is a LEGAL PERSON:
• updated Chamber of Commerce certificate or C.C.I.A.A.
• Copy of a valid identity document of the person who signed the offer on behalf of the company and, if it is a person other than the legal representative, a copy of the deed showing the relative powers
• Copy of the tax code of the person who subscribed to the offer
• Any duly legalized translation of the chamber of commerce certificate, if the company is not Italian
• Special power of attorney received or authenticated by the notary, in case of participation through a representative
 
Where required by specific conditions, additional documents will be required which will be integrated with the aforementioned.
 
Following the payment of the deposit and the sending of the required documentation, the registered user will be required to wait for the authorization by Gobid.it. Once authorization has been received (once the deposit has been collected), the registered user will be able to place bets online in the lot file on www.gobid.it until the end of the auction.
At the end of the auction, the preliminary phase for the provisional award of the lots will begin, which will last a maximum of 48 working hours, unless otherwise specified in the specific conditions. At the end of the preliminary investigation phase, communication of the provisional award will be given to the highest bidder.
The stakes made are binding and constitute a formal commitment to purchase or to stipulate the rental contract. In the event that the award to the highest bidder should lapse, the same will be awarded to the next highest bidder.
The Curatorship, as responsible for the sales procedure, may make use of the option provided for by art. 107 fourth paragraph of the bankruptcy law and suspend the sale in the event of receipt of an irrevocable ameliorative purchase offer for an amount not less than ten percent of the offered price.
For anything not expressly mentioned here (by way of example but not limited to, withdrawal of the awarded goods, non-compliance with the conditions of sale, auction fees to be paid by the buyer, operation of the extra time) please refer to the conditions of sale published on the website www.gobid.it.

 

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.

Awarding

In any case, priority will be given to the offers collected on the sale of the company (lot 1) compared to those found on the company rent (lot 2)

 

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  (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.

 
For all that is not foreseen here, the current laws apply.

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.

 
The disposal of any residual waste, present in the company at the time of taking possession, will be the sole responsibility of the successful bidder.

Collection conditions

 
The collection of the awarded lots by the buyer can take place only after the payment of the amounts due relating to the lots awarded and the foreseen commissions (Buyer's Premium, additional management fees).
 
In any case, the collection should absolutely be done before and no later than 30 days from the provisional award. 
 
In order to optimize the collection service, GOBID INTERNATIONAL AUCTION GROUP SRL will communicate via e-mail to the successful bidders the date (s) and a time during which they can proceed with the collection of the lots. These dates may also be indicated on the auction web page. In any case, GOBID INTERNATIONAL AUCTION GROUP SRL can change the dates and times of collection indicated at its sole discretion.
 
In the event that the successful bidder should carry out the withdrawal on later dates, he will have to pay a fee between EUR 250.00 and EUR 350.00 plus VAT per day per operator, depending on the size of the goods to be retire, as additional skills.
 
The successful bidders will be required to respect the start date of operations. In the event that the successful bidder cannot arrange for collection on the day and time communicated, the successful bidder may:
 
- subject to approval, request to be admitted during the scheduled date (s) for the next sales experiment, when present.
 
- upon approval, carry out the collection on days and times other than those made available for the single experiment, paying an additional fee between EUR 250.00 and EUR 350.00 plus VAT per day per operator, depending on the amount of goods to be collected, as additional skills.
 
Failure to comply with an unscheduled collection date agreed between GOBID INTERNATIONAL AUCTION GROUP SRL and the successful bidder, this one  will result in the application of a penalty of EUR 350.00 if the non-collection is not notified at least 48 hours before the appointment, without prejudice, in any case, to compensation for the greater damage suffered by GOBID INTERNATIONAL AUCTION GROUP SRL.
 
All lots not collected by the deadline will be subject to a daily default of EUR 50.00. In the event that the goods are not collected within 30 days from the deadline for collection, the sale will be considered automatically resolved and the amounts paid by the successful bidder (Lots Awarded - Buyer's Premium), will be retained as a compensation penalty. 
 
GOBID INTERNATIONAL AUCTION GROUP SRL is not required to deliver any lot or to organize in any way the collection and delivery of the same. 
 
The collection operations must be carried out by the buyer in compliance with the current safety regulations established by law; the same will therefore be required to make the necessary adjustments in this sense also in reference to any third parties and / or collaborators employed in carrying out the operations.
 
The buyer is responsible for any disassembly, handling, loading and transport of the awarded lots and, in the case of registered movable property, for handling the paperwork required to carry out the necessary changes of ownership
 
The transfer of ownership must therefore be carried out by and at the expense of the successful bidder at the practice’s agency self-communicated by the Bodies of the Procedure, or alternatively, communicated by GOBID INTERNATIONAL AUCTION GROUP SRL.
 
In case of export of registered movable property, the buyer must perform the required operations in compliance with current legislation.
 
In any case, GOBID INTERNATIONAL AUCTION GROUP SRL will not make any lot available before the aforementioned payments have been credited and, in the case of registered movable goods, before the completion of the related transfer of ownership.

 
 

Additional specific terms

Buyer's Premium lot 1: A charge of 12,00% + VAT will be added to the price of each awarded lot.


Buyer's Premium lot 2:Auction fees (Buyer's Premium) equal to two months' rent (plus VAT) will be applied to the successful tenderer, calculated on the annual fee resulting from the award at the end of the evaluation of the offers or the outcome of any tender.

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.

VAT: not due. Sale is subject to registration tax.

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
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: [email protected]