SPECIFIC TERMS AND CONDITIONS
Starts: Mon 11/09/2023 at 16:00
Ends: Thu 05/10/2023 at 16:00
All lots viewings must be booked. Please contact:
email@example.com - tel +34.911.875.990 (ES) tel +39.0737.782080 (ITA)
The present auction is subject to a deposit of EUR 50,00
Lot 0 requires a deposit of EUR 1.850,00
Lots having a starting price equal or higher than € 10.000,00 require a specific deposit. The amount due is indicated in the lot webpages.
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
assigned to GOBID ESPAÑA S.L.
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: firstname.lastname@example.org
If the participants in the auction do not win any goods, the deposit will be returned within 20 working days of payment of the award amount. In the event that there is no award, the deposit will be returned within a maximum period of 20 working days from the conclusion of the auction.
If, in case of awarding, after deposit payment, the bidder will not comply with the payment terms, the deposit will not be refunded.
In this case the award will be given to the following best tenderer who has made an offer of equal amount higher than the reserve price.
The sale of the Lots will be realized without any burden and burden.
Despite this, all the taxes and duties relating to the award of each lot that are legally applicable, will be charged to the successful bidders, who will also have to pay notary fees, registration fees and any other relative costs with the award.
Awarding of Lots
At the end of the auction, in the event that the winning offer of the auction is equal to or greater than the reserve price, the award confirmation will be sent to the highest bidder with the instructions to make the payments within the established deadlines.
In the event that the offer does not reach the minimum or reserve price, the award will have to be approved by the Bankruptcy Administration.
Warning: the Bankruptcy Administration reserves the possibility of communicating the winning offer to the Court for its approval. In this case, only once the offer has been approved by the Court, confirmation of the award will be sent to the highest bidder with the indications to make the payments within the established deadlines.
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)
Property transfer lot 7
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 costs due. All costs must be borne by the successful tenderer.
The formalization must be carried out within a maximum period of 20 days from the sending of the award confirmation, this period being extendable only by the Bankruptcy Administration.
Lastly, the Principal will undertake to notify the Delegated Judge so that in turn he will cancel the prejudicial entries on the properties being sold. The cost of any cancellations will be borne by the successful tenderers.
In the event of failure to complete the transfer of ownership, the sale will be considered automatically resolved and the amount paid by the successful tenderer as Buyer's Premium will be retained as a compensation penalty.
Lot specific clause 7
The object of the liquidation is the full ownership of the credits, subrogating all the rights deriving from the contractual position previously held by the bankrupt. This implies legal subrogation in pending court proceedings. The claim (legal subrogation) will not be accepted when the debtor demonstrates that he has rights or defenses which, in relation to the subject matter of the judgment, can only be asserted against the assignor, or a right of counterclaim, or that it is a counterclaim pending or if the change of sides would significantly impede his defense. All claims rights have expired, with no mutual benefits pending fulfilment. Since the rule of liquidation implies the en bloc sale of the credits (sale en bloc), the right of withdrawal provided for by article 1535 of the civil code does not apply.
In any case, it must be the bidder who concretely evaluates, and before issuing his own offer, the possibilities of collection, weighing their probative value in order to demand payment of the debt from the debtor customer. In any case, the successful tenderer exempts the Bankruptcy Administration and the Assignee from any present or future liability on the future payment of the credit rights being transferred, having to fully assume the risk of non-payment by the transferee.
In the event that the right to collection is enforced in court, it should be clarified that the share will be transferred and the buyer will be substituted in the bankruptcy's procedural position.
In any case, neither the state or the situation of possible credits nor the possible outcome of the lawsuits have any influence on the auction that is formalized or on the awarding of the asset and does not constitute just cause nor can it be an argument for which the bidders and/or successful bidders intend to withdraw, terminate and/or cancel the auction, offer, delivery or award, nor would it justify a request for moderation of the price offered.
In the event that during the period in which the auction takes place, a debtor pays a sum to the bankrupt company, said sum will correspond entirely to the bankrupt company, without the successful tenderer being able to claim all or part of said payment, made before the award.
Awarded lots have to be paid within 10 days from awarding. (see General Terms and Conditions).
Buyer's Premium has to be paid within 5 days from awarding.
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 working 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.
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 5,00% + 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.
VAT: Value Added Tax at a rate of 21,00% will be calculated on the awarding price and added to it. (where applicable)
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: In the event that no offer is received on the complete lot (Lot 0), the individual lots and / or combinations will be awarded.
In the event that offers are received on the complete lot (Lot 0), the bodies of the Procedure at the end of the auction reserve the right to award this lot or not on the basis of the values reached by the individual lots.
Lots are sold as is. Viewing is reccomended.
All costs arising from the sale, will be borne by the contractor, including the costs of collection and handling, any transfer of ownership costs, notarial writing and possible cancellation of any public register of burdens on the specific 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
Consequently the existence of any defects or lack of quality of the lots sold or differences, they cannot give rise to compensation, bonus or price reduction.
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)
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 ESPAÑA S.L.disclaims any responsibility for any translation of the texts and the material published online errors.