SPECIFIC TERMS AND CONDITIONS
Auction timing:
Starts: Tue 01/09/2020 at 15:00
Ends: Wed 11/11/2020 at 15:00
Viewing conditions:
Viewing:
The vision of the assets is subject to the payment of the amount of EUR 300,00 to be paid Via bank transfer to the following account:
FALLIMENTO N. 110/2017 FRECCO SPA IN LIQUIDAZIONE
Iban: IT 03 L 02008 03027 000105075062
this amount will be returned in case of participation in the auction.
All lots viewings must be booked. Please contact: logistica@gobid.it – tel +39.0737.782080
Payment condition:
Deposit
The present auction is subject to a deposit of EUR 1.215.349,60
- 10% of the starting value (price set as auction base), as a security deposit (equal to EUR 1.012.791,3);
- 2% of the starting value (price set as auction base), as a guarantee for the payment of the Premium Buyer's (equal to EUR 202.558,3).
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.
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
If, in case of awarding, after deposit payment, the bidder will not comply with the payment terms, the deposit will not be refunded.
In the event of awarding, EUR 1.012.791,3 (10% of the starting value) of deposit will be charged as an advance on final price of awarding. In this way, Agent will take care to turn on Procedure account security deposit paid by buyer within established terms.
In the event of awarding, EUR EUR 202.558,3 (2% of the starting value) of deposit will be charged as an advance on final price of the Buyer's Premium.
Any surplus of the Premium Buyer’s paid by the bidder will be returned once the sales transactions are completed with the transfer of ownership.
Participation Process
To participate in auction-bids, the user/subscriber is required to subscribe to www.gobid.it, entering his/her personal details, and is required to subscribe to the auction and accept the related terms and conditions.
The user’s/subscriber’s personal details entered during registration process on the site and auction-bids shall be the same to whom the lot shall be adjudicated to. All required payments, preceding and following the sale shall be settled by the registered user . Any eventual mandates or proxies shall not be taken into consideration prior to Consignor’s authorisation.
The user shall undertake to pay the security deposit via bank remittance on the current account indicated above.
The user shall undertake to specify the designation-number which he intends participating in and to provide a copy of the effected payment to be posted on gobid@pec.it
The requested sum must be paid before the end of the auction.
Further to the security deposit, in order to participate in the auction the user/subscriber shall be required to provide the following documents via mail on gobid@pec.it,:
- If it is a PHYSICAL PERSON:
- Copy of a valid I.D. Document of the person who is to assign the lot
- Copy of the Tax-Code number
- Should bidder be married in community of property , he/she is required to provide personal information of his/her spouse posting a copy of the related I.D. Document (document is not binding for participation but will be request in case of awarding )
- If a COMPANY or BODY:
- Certificate of C.C.I.A.A. (Chamber of Commerce, Industry, Artisans, and Agriculture) demonstrating the creation of the company and powers assigned to bidder.
- Copy of a valid I.D. Document of the CEO or legal representative
- Copy of the Tax Code number of CEO or legal representative
- Duly authenticated translation of the Chamber of Commerce Certification, should the company by a foreign company
- Special Mandatory proxy received and authenticated by a notary should the bidder be in the person of a representative
Where relevant and in consistency to specific conditions, supplementary documents shall be requested which shall be added to the a.m. mentioned documents.
Completion procedure of Bids at auction opening price
The payment of the security deposit along with the formalisation of the registration to the auction – with expressed acceptance of the general and specific conditions of sale posted on line on www.gobid.it – as well as the provision of all the required supplementary documents by the user, as already specified above, shall be deemed equivalent to an irrevocable purchase-bid at the starting price fixed for each sale and shall itself be deemed a binding purchase contract on the part of the user.
Said offer shall be expressly officialised on the platform directly by the Consignee (auction-agent/Auctioneer ) via on-line, on behalf of the first user who will have completed the completion procedure described above.
Where more than one bidder have proceeded in officialising their irrevocable purchase-bid in accordance to the above mentioned conditions, and none of the bidders shall raise a bid on the platform, the highest bidder, and therefore the provisional ‘buyer’ , will be the first one in order of time:
- who will have carried out the procedure described above
The Consignee (Auctioneer) shall duly inform all bidders via any means whether they be or not the highest bidders in the formalisation of the aforementioned irrevocable purchase bid.
The awarding has to be conferred to the participant who will present the highest bid.
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.
Participation in sale per person to be named
La partecipazione all’asta per persona da nominare è ammessa solo con offerta presentata da procuratore legale munito di procura speciale, come previsto dall’art. 579, comma 3°, c.p.c., e dovrà avvenire tramite la compilazione da parte dell’offerente di un apposito modulo fornito da Gobid International Auction Group Srl.
In caso di aggiudicazione, il procuratore legale dovrà effettuare la dichiarazione di nomina della persona per la quale ha fatto l’offerta nel rispetto dei termini di cui all’art. 583 c.p.c. depositando il mandato; in mancanza l’aggiudicazione diverrà definitiva al nome del procuratore.
Lots 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.
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 60 days from awarding. Buyer's premium due have to be paid within 10 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 60 days from the auction deadline and in any case no later than date set for property transfer (see General Terms and Conditions).
Buyer's Premium due has to be paid within 10 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 set for property transfer.
Property transfer
The transfer of the property will take place only after the full payment of the adjudication price and the expenses, including those relating to the Buyer’s Premium, with a notary deed at the expense of the buyer, while the Judge will order the cancellation pursuant to art. 108, paragraph 2, L.F. of all the mortgages and all the inscriptions on the property. The real estate is sold free from mortgage registrations and from transcriptions of foreclosures if existing at the time of sale, any registrations and / or transcripts of foreclosures, and / or seizures, as well as the expenses related to any other burden, will be canceled by and buyer charges. If the property is occupied by the debtor or by third parties with or without a title, the release of the property will be carried out by the procedure. Notary fees, statutory taxes and all sales, tax and other expenses (except those indicated above) will be charged to the buyer.
For all that is not foreseen here, the current laws apply.
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 applied according to the modes shown in the following table:
|
DECREASING BUYER'S PREMIUM WITH GRADUAL STAGGERS |
|
|
From - to |
€ 0,00 |
€ 5.000.000,00 |
1,5% |
|
Beyond |
€ 5.000.001,00 |
|
1% |
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.
VAT: not due. Sale is subject to registration tax.
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 considered winning bids as well.
Lots are sold as is. Viewing is reccomended.
It is pointed out that some assets of the agricultural branch are the subject of a loan agreement.
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
