1829: Butcher Shop in Messina - Bank. 3/2013 - Messina Law Court

SPECIFIC TERMS AND CONDITIONS

Auction timing: 

Starts: ven. 08/07/2016 heures 15:30
Ends: ven. 22/07/2016 heures 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 2.500,00.
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.
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.

In case of awarding of one or more lots, property transfer will take place only to payment of price due and of 15% on hammer price, subject to adjustment, which will be used by the PRINCIPAL for payment of expenses relating to transfer (ex. payment of registration fee of transfer decree), and by means of decree on completion will be issued by Delegate Judge.

Against this case, the deposit will be retained both as coverage of any fees related to procedure, at discretion of Principal, who to cover any other services provided by Mandatory.


Sale Condition

The bidder, participating in this sale, declares:
1) to have looked at property appraisal, condition of goods, as well as at sale notice and conditions to participate in auction.
2) be aware that the sale (not subject to rules on warranty for defects or lack of quality, or not resolvable for other reasons) takes place in the factual and legal state in which assets are located, with all possible relevance, accessions, grounds and actions, active and passive servitude; sale is per total and not for each lot (vendita a corpo e non a misura); that any measurement differences can not give rise to any compensation, bonus or price reduction; and finally, that if there are building and planning discrepancies, the administrative process of amnesty construction and the consequent practices will be operated by contractor of property under current provisions.
3) be aware that effects of DM. January 22, 2008 n. 37 and of Legislative Decree no. 192/05 and subsequent amendments, the successful bidder, declaring himself informed on the contents of the order and the sales descriptions listed in the elaborate expert in order to plant, explicitly dispense the procedure enforceable by producing both the relevant certification the compliance of their products with safety rules that certification / certificate of qualification energy (where missing), expressing its intention to take such direct duties. Similarly, contractor shall indicate to any claim for relief on purchase of first home (acquisto prima casa) and / or additional tax relief due.

Lot Awarding

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 Delegate Judge (Giudice Delegato) and the Creditors Comittee of the result of the procedure, by registering the related documents in Law Court.
 

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.

Fees

The notary fees, legal taxes and all expenses related to the sale, fiscal and non fiscal, will be charged to the purchaser. The successful tenderer will be required to pay costs by the deadline indicated above. The Buyer's premium payable by the purchaser to Assignee shall be paid no later than 5 days from the end of the sale.

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 30 days from the auction deadline (see General Terms and Conditions).

Buyer's Premium due has to be paid within 5 days from awarding 

Fees and expenses related to sale on buyer's expense (law fees, notarial fees, fiscal and non fiscal fees) have to be paid within 30 days from awarding.


Property transfer

Property transfer will take place only to payments due and will be made by decree of Delegate Judge.

All formalities for cancellation will be carried out by purchaser in shortest possible time.

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 percentage 10% charge + VAT will be added to the price of each awarded lot.

The awarding has to be conferred to the participant who will present the highest bid for each lot.The sale act will be stipulated by notarial deed according to the modes indicated by the Principal (see lot awarding).

In case the user who award the lots will not pay the amounts due within the terms agreed, the awarding will be conferred to the next highest bidder.
Bids are binding and constitute a formal commitment to purchase. In case the awarding to the highest bidder will be cancelled, awarding will be conferred, prior binding opinion of procedure organs, to the next highest bidder and so forth.

VAT: Value Added Tax at a rate of 22,00% will be calculated on the awarding price and added to it. (where applicable). VAT application may vary according to law depending on the awarding subject

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.

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.
The sale occurs in the state of facts and law , with all related competences and servitudes, and in bulk sale, with no warranties for faults (La vendita dei beni avviene nello stato di fatto e di diritto in cui gli stessi si trovano, con tutte le eventuali pertinenze, accessioni, ragioni ed azioni, servitù attive e passive. La vendita è a corpo e non a misura, e senza alcuna garanzia per vizi od altra mancanza).

Abuse, violations, liens, regulatory compliance

For more information about any abuse, violations, liens or lack of compliance with regulations and for all information of the lots subject of the present sale , please refer to the appraisal.
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



Notice of changes in the sale's conditions


The wording “assistance costs” is replaced by “ADDITIONAL MANAGEMENT FEES”. This variation does not affect the amounts already indicated.

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