SPECIFIC TERMS AND CONDITIONS
Auction timing:
Starts: Tue 24/10/2023 horas 16:00
Ends: Thu 23/11/2023 horas 16:00
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 deposit of 5% the offered price
Lot 0 requires a deposit of EUR 0,00
In order to enable the user's participation, deposit has to be paid:
Via bank transfer to the following account:
BANCO DE SABADELL, S.A
IBAN : ES24 0081 0682 4100 0189 4093
SWIFT/BIC: BSABESBBXXX
TITULAR: GOBID ESPAÑA S.L.
Casual: ( auction number + lot number)
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.
Fees
The sale of the Lots will take place without any charges and encumbrances.
Notwithstanding this, all taxes and duties relating to the award of each lot that are legally applicable will be borne by the successful bidders, who will also have to assume the notary, registration and any other costs related to the award. Under no circumstances will the bankruptcy company bear any type of expense related to the award.
In addition, the buyer will be responsible for all suspended amounts that may exist relating to real estate taxes, the condominium fee, and all those accrued and unpaid taxes and expenses weighing on the assets.
The cancellation order of charges will be issued only by the Court, once the effective accreditation of the transmission of the assets has been made by the Bankruptcy Curator, and, in the case of assets subject to privileged credit, the payment to the privileged creditor.
The bankruptcy receivership will request the Court to cancel the charges and registration notes both of attachments and deriving from the insolvency procedure, the cancellation costs will be borne by the successful tenderer.
Rules for participation and awarding
The sale will take place according to the following phases:
- Collection of irrevocable purchase offers (PHASE 1)
The collection will be performed using the following methods:
To participate in the sale, the user must register on the website www.gobid.es, entering their personal data, request registration for the sale, accepting the terms and conditions.
Furthermore, the irrevocable offer for the acquisition of the company branch must be accompanied by:
a) Reliable identification of the bidder or powers of attorney in the case of third party representation.
b) Business plan and business continuity.
c) Indication of the proposed purchase price of the Company Branch.
The Bankruptcy Trusteeship may request clarifications or clarifications on any of the above points, which, in its opinion, were not sufficiently explicit or clear in the offer presented.
The offers must include the entire perimeter of the Company Branch.
Furthermore, he must present the offer model (published online) and send it signed, for acceptance of these conditions, to the following email address: [email protected] together with the accountant of the security deposit transfer and the offer for the business unit
The presentation of the offer model together with the payment of the required security deposit, is equivalent to the acceptance of the conditions of use of the www.gobid.es platform, of the general and specific conditions of the collection of offers and any auction and of having read and complied with all the documentation attached to the sales page.
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 lots will be registered.
Irrevocable offers submitted will constitute a formal commitment to purchase by the bidder.
The offers received at the e-mail address indicated will be examined by the Principal who may, at its sole discretion:
a) Do not accept any of the offers presented
b) Accept what he considers the best offer without going to phase 2 (online auction) subject to acknowledgment of the buyer's premium due to the Agent to be paid by the successful tenderer.
c) Select the one that considers the best offer, however, linked to the prior implementation of an online auction on the Gobid.es platform, with the aim of improving the economic criterion of the same, since the perimeter of the Company Branch cannot be modified.
The Mandator reserves the right, at its sole discretion, to accept or reject the irrevocable purchase offers presented by potential buyers. Offers that are not considered appropriate will therefore be rejected by the Mandator.
In the event of acceptance of the best offer, the Mandator will appoint the Assignee to carry out the subsequent sale, to be carried out by online auction on the basis of the best offer received and whose specific conditions are set out below.
- Timed Auction exclusively online (PHASE 2)
The selected offer will be formalized by the Assignee, 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 instead be invited to make a bid on the platform, according to the published methods online on the web page dedicated to the auction.
Warning: both in the case of offers accepted in the first phase (collection of offers) and for the second phase (online auction) the Bankruptcy Receivership will duly inform the Court with the aim of obtaining Judicial Authorization for the award or authorization for the bankruptcy receivership for the sale. Only once the offer has been approved by the Court will confirmation of the award be sent to the highest bidder with instructions for making payments on time. possibility of communicating the offer to the Court for its approval. In this case, only once the offer has been approved, will confirmation of the award be sent to the highest bidder with instructions for making payments within the established terms. In the event that the Court does not authorize the award of the Company Branch to the best offer presented by the Bankruptcy Receiver, the sale cannot be formalized, the offer will be canceled and the deposit paid will be returned.
Payment method
Payment of the Buyer's Premium must be made entirely by bank transfer using the coordinates communicated at the time of registration or together with the communication of the award (see general conditions of the auction).
The provisional successful bidder must deposit the total auction price plus VAT (if applicable) into the Trusteeship Account, which will be indicated at the time the award confirmation is sent, within the established deadline. (see general conditions).
Any costs of transfer of ownership, notarial deed and eventual cancellation in any public register of the charges or encumbrances established on them, must be made before the date established for the formalization of the sale. Once all amounts have been paid, the property will be transferred by notarial deed, according to the methods established by the Client.
Payment deadline
Payment of the Buyer's Premium must be made within 5 days of notification of the awarding.
Payment of the clearing price must be credited within 10 days of notification of the awarding.
It is possible, subject to authorization by the Bankruptcy Administration, to pay the clearing price at the time of formalization of the sale before a notary.
Property transfer
The transfer of ownership will take place through a notarial deed in the manner established by the Bankruptcy Receivership, only after full payment of the hammer price, the commission (Buyer's Premium) and the expenses due. All costs must be borne by the successful tenderer.
Finally, the Mandator will undertake to notify the Delegated Judge so that in turn he will cancel the prejudicial registrations on the properties being sold. The cost of any cancellations will be borne by the winners.
In the event of failure to complete the transfer of ownership, the sale will be considered automatically terminated and the amount paid by the buyer as Buyer's Premium will be withheld as a compensation penalty.
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 20 days from the provisional award.
In order to optimize the collection service, GOBID ESPAÑA S.L 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 ESPAÑA S.L can change the dates and times of collection indicated at its sole discretion.
Additional management costs for the collection service: €3,900 + VAT.
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 ESPAÑA S.L 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 ESPAÑA S.L.
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.
In the event that the goods are not collected within the indicated collection period, the sale will be considered automatically terminated and the amounts paid by the successful tenderer (Awarded Lots - Buyer's Premium, ancillary management charges and any additional fees paid), will be retained at title of compensation penalty.
GOBID ESPAÑA S.L 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 ESPAÑA S.L.
In case of export of registered movable property, the buyer must perform the required operations in compliance with current legislation.
In any case, GOBID ESPAÑA S.L 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:
A charge of 7,00%+ VAT of 21% (where applicable)will be added to the price of each awarded lot.
The Buyer's Premium will have a minimum amount of 50 € (+ VAT at 21% where applicable) of each of the lots awarded or combinations as minimum commissions.
Award Taxes: VAT and/or all those taxes that are applicable according to the legislation and the successful tenderer will be applied.
Extra-Time: if a winning bid is made in the 5 minutes prior to the close of the auction, the time to place another bid will be extended by a further 5 minutes from the last bid received. Thus, to the bitter end, for each winning offer received within the 5 minutes of extra time, the time needed to make another offer will be extended by a further 5 minutes from the last bet received. Automatic raises in the event of a maximum bid (proxy bid) will also be considered winning bids.
The lots are sold as they are. Furthermore, anyone presenting an offer does so by accepting the current cadastral and urban planning conditions. Viewing is recommended.
All costs generated by the sale will be borne by the successful tenderer, including collection and handling costs, any costs of transfer of ownership, notarial deed and any cancellation from any public register of charges affecting the specific asset.
With the deed of presentation of the purchase offer of the business branch in the public auction through the IT portal GOBID ESPAÑA SL, the contractor declares and accepts: knowing and accepting the state of conservation of the installations, the legal situation, town planning, registration and administration of all properties, the administrative and legal situation of the administrative licenses for the exercise of current business activities and the commercial brand, the state of conservation of the technical installations, machinery, tools, other fixed assets, transport elements, computer equipment, furniture, or any other movable or immovable property, the almost zero probability of recovering all credit rights, loans, financial investments, deposits granted, the non-existence of a balance in the bank current account, knowledge of rental agreements locative that are transmitted.
All this without being able to claim anything either from the bankruptcy trustee or from the bankrupt company, partners or directors, and expressly renouncing any type of action that the successful tenderer may pay for damages, hidden defects or any other possible action.
The offeror or successful tenderer declares to know and accept the contents of the Settlement Plan and the self-approval. These documents are available through a data room on the sale page, which can only be accessed after signing the confidentiality agreement. Furthermore, he declares that he has read and accepts the contents of the "Notice of Sale" document included in the sale page and in general, he declares that he has received all the information necessary for the manifestation of his offer voluntarily, freely and with in-depth knowledge and full of all the aspects and circumstances necessary to formulate it.
The successful bidders or buyers of any lot or asset expressly waive any claim for the condition of the goods. In this regard, interested parties who expressly request it will be allowed to verify the condition of the goods included in the Lot, on the dates previously agreed with Gobid. For no reason can the Mandator nor Gobid España SL be held responsible for the proper functioning, condition, ITVs, etc. of the Company Branch lot.
The sale of the goods is understood to be forced and arranged for the goods seen and liked in the state of fact and law in which they are found. In the case of forced sale, there is no warranty for material defects. It cannot be contested for damages.
Consequently, the existence of any defects or lack of quality or discrepancies in the thing sold cannot give rise to compensation, indemnity or price reduction.
Any liability on the part of the Assignee is excluded regarding the existence of third party rights on the goods being sold.
The sale takes place with the obligation and burden of the successful tenderer to ascertain their compliance with safety legislation.
