1839: Industrial Complex for sale in Brenta (VA) - Bank. 47/2008 - Milan Law Court

SPECIFIC TERMS AND CONDITIONS

Auction timing: 

Starts: vie 29/07/2016 horas 16:00
Ends: vie 18/11/2016 horas 15:30

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 37.500,00

 

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.


Sale Conditions

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On building complex are still present, as ascertained by competent authorities, waste of various kinds, in part made up of residues from industrial processes, which must be disposed of by buyer/contractor, at his own expense, whatever is use that means to do of area. There is also the possibility that the bankruptcy compendium subsoil may be polluted, though has not been positively confirmed nor the existence of such pollution, nor any entity in charge of the same. Area has not been subjected to a characterization plan, so that it is not possible to determine neither the actual existence and consistency, nor the type of pollution. Buyer will then be called upon to accomplish disposal of waste present on area and to carry out and/or support charges relating to reclamation activities, with particular reference to the provisions of D.Lgs. 3 April 2006, n. 152 (T.U. Ambiente) and subsequent modifications and additions. Terms and conditions of sale have been established considered the decrease in value due to presence of waste on area and possibility that same subsoil area is polluted and buyer may in the future be carry out and/or support charges relating to reclamation activities, with particular reference to the provisions of D.Lgs. 3 April 2006, n. 152 (T.U. Ambiente) and subsequent modifications and additions. Occurrence of such circumstances can not, therefore, under any circumstances, lead to contract dissolution, nor, much less, to determine any liability for procedure authorities and/or, again, any request for damages against them.


Lots Awarding

At the auction deadline, for highest bids not reaching reserve price, awarding will be subject to Bankruptcy Bodies approval.

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

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.

Fees

Notarial fess, law taxes and all the other expenses related to the sale, fiscal or not, will be on buyer's expense. The user who award the lots will have to pay the expenses within 30 days from sale deadline. Buyer's premium due have to be paid within 5 days from the auction deadline.


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 in full 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 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 also in case of offers received related to art. 107 L.F (Bankruptcy Law)..

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.

 

Lots are sold as is, in the state of facts, 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
 

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