SPECIFIC TERMS AND CONDITIONS

Auction timing: 

Starts: Thu 24/11/2016 at 16:30
Ends: Thu 15/12/2016 at 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 specific deposit for each single lot. The amount due is indicated in each single lot section.

In order to enable the user's participation, deposit has to be paid 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 as well as certificate for constitution.

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.

Lot Awarding

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 awarding. Buyer's premium due have to be paid within 5 days from 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 within 30 days from the auction deadline and in any case no later than date for property transfer. (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 and in any case no later than date for property transfer.


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 percentage % charge + 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).

The above mentioned percentage charge will be applied according to the modes shown in the following table:
 

DECREASING BUYER'S PREMIUM WITH GRADUAL STAGGERS
From - to	€ 0,00	€ 150.000,00	4%
From - to	€ 151.000,00	€ 500.000,00	3%
Beyond	€ 501.000,00		2%

Example:
Awarding Price : € 510.000,00

Calculation Base	B.P. Stagger	B.P. Amount
€ 150.000	4%	€ 6.000,00
(€ 151.000 - € 500.000)	3%	€ 13.960,00
(beyond € 501.000)	2%	€ 108,00
Total B.P. due		€ 20.140,00

Incidence of the Buyer's Premium on the final awarding price: 3,95%
The calculation base of Buyer's Premium is divided into different staggers each one corresponding to a rate decreasing when staggers increase.
For each awarding price, the corresponding Buyers' Premium will be given by the sum of the commissions calculated on the referring stagger, according to the modes indicated in the table above.
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 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.

It is excluded any responsibility of the Agent about the existence of rights of third parties on the goods subject of sale (Art. 2920 Civil Code)

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