Conditions Spécifiques Enchère 1481A

1481A: Building - Warehouse - Movable Goods - Tiles Manufacturing - Bulk Sale, Sale N. 2

SPECIFIC TERMS AND CONDITIONS

Auction timing: 

Starts: mer. 30/03/2016 heures 16:30
Ends: jeu. 21/04/2016 heures 16:30

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 130.000,00


In order to enable the user's participation, deposit has to be paid in one of the following ways:

 

1- Via credit card on-line.

2- 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: info@gobid.it
 

 
For properties, 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 the fisical person or the legal representative of the company registered to the auction.


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.
 

Operating Conditions
 
The sale connected at Bankruptcy n. 52/2013 of Modena Law Court it was divided in two separated levels of goods aggregation that constituted the company itself (Auction n. 1129A and Auction n. 1129B), and in particular:
 
a) Level 1 - AUCTION 1129A - Complete company, with building complex and all three lots of goods and chattels (Lot B, Lot C and Lot E),
b) Level 2 - AUCTION 1129B - Partition of building complex in homogeneous categories. They are identified four lots of partition of complete active business:
- building complex,
- goods included in Lot B,
- goods included in Lot C,
- goods included in Lot E
 
Moreover:
 
- the provisional award of assets of each level will be subject to a) that no involved formulate an offer that includes, to a higher level of aggregation, the good or the goods subject of award to lower levels or b) that, if such offer of greater aggregated level was formulated, the same was in any case of inferior amount;
 
In case of reception of bids in auction 1129 B (Single Lots Sale ) provisiano awarding will occur with reserve.
At auction 1129 B deadline the starting price of auction 1129 A (Wholesale) will be incremented if exceeded by the value of the bid received in aucion 1129 B and adapted according to the value of such offers.
 
- in accordance with art. 105, second paragraph L.F. which recalls art. 2556 CC, the sale will be completed with a notary deed or transfer decree's at the expense of purchaser;
 
- the buyer will respected all applicable regulations both civils and penals, whether resulting from authorization and / or licenses and / or presents concessions that concern or may concern the exercise of the business unit, taking its exclusive charge of all regulations and relieving the curatorship from any fulfilment, responsibility and obbligation, with particular reference to existing legislation of safety at work, fire regulations, environmental regulation, engineering regulation and real estate regulation in general, at the time and in the manner allowed and / or required by the concerned offices, renouncing at any possible claim and right of recourse towards assignor, even only for all that is necessary to maintain the full validity and effect of possible licenses and authorizations concerning the company and at observance of all instructions given by the authorities and appointed bodies;
 
- the purchaser is not responsible for the debts related to the exercise of the companies sold, arose before the transfer (Art. 105, fourth paragraph, bank. law)
 


Lot Awarding

Lots awarding will comply to art. 107 clause 4 L.F. (Bankruptcy Law). 


Provisional awarding confirmation

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.
 

 
Completion of the sale
 
The sale is conditional upon the occurrence of the following conditions jointly :
 
- Non-issuance of the decree of the Judge delegate in art . 108 , first paragraph Bank. Law;
 
- Failure to suspend the sale by the official receiver pursuant to art . 107 , fourth paragraph Bank. Law.
 
Occurred jointly these events , the official receiver shall, within 10 days of the end of art. 108 , first paragraph, first , Bank. Law, to provide a declaration of fulfillment of the conditions themselves .

Fees
 
Notarial fess, law taxes and all the other expenses related to the sale, fiscal or not, will be on buyer's expense and will be communicated at the same before of decree's emission. The user who award the lots will have to pay the expenses not lather than the expected date for notary deed for transfer of ownership, or rather of sale deed. Buyer's premium due have to be paid within 60 days from provisional awarding.
 

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 entirely within 60 days from provisional awarding and in any case not lather than expected date for notary deed for transfer of ownership.

The expenses related to the sale at the expensive of buyer (fiscal and not fiscal fees, law taxes, notary fees) must be paid in full no later than the date of the deed for the transfer of property by public deed or certified private.
 

Completion of the sale
 
The sale is conditional upon the occurrence of the following conditions jointly :
 
- Non-issuance of the decree of the Judge delegate in art . 108 , first paragraph Bank. Law;
 
- Failure to suspend the sale by the official receiver pursuant to art . 107 , fourth paragraph Bank. Law.
 
Occurred jointly these events , the official receiver shall, within 10 days of the end of art. 108 , first paragraph, first , Bank. Law, to provide a declaration of fulfillment of the conditions themselves .
 
Property transfer
 
The transfer of ownership to the successful tenderer, will not take place  in any  case, prior to the declaration of the Curator of the  fulfillment of the conditions set out in section " Completion of the Sale", and not prior to payment in full of the sales price and the additional costs 
Elapsed the time limit of 60 days expected for the payment of amount due 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.
 

Collection Conditions: 

Collection Deadline:   

within 30 days from awarding  and also not before the full payment of the sale price.
 

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 amuonts 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 usuer 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.    
 

Additional specific terms

Buyer's Premium:  will be at the expense of buyer and will be equal to 3% + VAT for real estate goods and 10% + VAT for movable goods, with the specification that in the event of sale of the entire company to payment due will be applied the different percentages accounted of a proportional distribution between real estate goods and movable goods based on appraisal value. The buyer's premium will be added to the price of each awarded lot  also in case of offers received related to art. 107 L.F (Bankruptcy Law).

VAT :  Prices indicated are VAT excluded. Value Added Tax at a percentage  rate will be calculated on the awarding price and added to it. (where applicable). As  Company sale, VAT application percentage may vary according by law.


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.
 

Bids on Complete  Lot: Bids on complete lot (Lot 0) will have awarding priority. In case no bids will be received on complete lot (Lot 0) single lots  and /or combinations will be awared.
 

In case that the sum of the winning bids received on single lots will exceed bids  received on the complete lot, it will be on Bankruptcy Receiver discretion whether to decide or not to award single lots and /or combinations .

Some pictures have illustrative purposes and do not match with actual condition of the lots. Lots are sold as is . Viewing is reccomended.

Asbestos presence in the cover roof of the production building. Further details avaialble in the attachement present in the auction and lot webpage.
 

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.

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 est une marque déposée par: GOBID INTERNATIONAL AUCTION GROUP SRL

Siège social: Via P.O.Vigliani, 19 - 20148 Milan (MI)

Siège opérationnel: Via Merloni, 17/U - 62024 Matelica (MC)

tel: 0039.02.86882269 - fax: 0039.0737.786198 - email: info@gobid.it