SPECIFIC TERMS AND CONDITIONS
Auction timing:
Starts: mar 20/09/2016 horas 15:00
Ends: mar 11/10/2016 horas 15:00
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 66.100,00
In order to enable the user's participation, deposit has to be paid in one of the following ways:
1- 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 and certificate of company constitution (visura camerale)
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 280,000.
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 second paragraph Bankruptcy Law, related to art. 1556 Civil Code, 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 17/10/2016 (see General Terms and Conditions).
Collection Conditions:
Collection Deadline: jue 10/11/2016 horas 16:00
Collection
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: 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)
Aviso de cambios en las condiciones de venta
La expresión “gastos/honorarios de asistencia” se reemplaza por “GASTOS DE GESTIÓN COMPLEMENTARIOS”. Este cambio no afecta los importes ya indicados.
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