NOTICE OF PUBLIC AUCTION

The unique liquidator of the company “VERRES S.p.A. in liquidazione” sited in Verrès (AO) 36, Via Glair , Dr. Carlo Pessina

GIVES NOTICE THAT

in the headquarters of the aforesaid company, sited in Verrès 36, Via Glair, on 9^th February 2012 at 11:00 a.m. will take place a public auction through secret offers to be compared with the basic price of the auction indicated in the present notice, aimed to the sale of the following equipments belonging to the company “VERRES S.p.A. in liquidazione”

Lot 1) Technological equipments line Italy, briefly described as follows:

• n. 2 blanking presses SCHULER SAK 160 including derolling and rolling equipment
• n. 1 deburring equipment ROSLER
• n. 2 degreasing equipment ROSLER
• n. 4 rimming machines (double feeding system) LA MANNA (own-made design)
• n. 1 belt oven SAFED
• n. 1 belt oven SOLO 322-80-60
• n. 2 pickling-polishing equipment RENI CIRILLO
• n. 1 polishing equipment SPALECK
• n. 3 piercing/pre-assembling presses SCHULER RingMaster MRV 150
• n. 3 automatic sorting machines (MINTEC, PRODITEC, TEMA)
• n. 3 mechanical sorting machines (Selex) LA MANNA (own-made design)
• n. 1 decoining machine EUROCOIN RECYCLING

Lot 2) Technological equipments other production lines briefly described as follows:

• n. 1 blanking press BALCONI TDM 125 including derolling and rolling equipment
• n. 2 blanking presses MOSSINI 125 t including derolling and rolling equipment
• n. 1 blanking press MOSSINI PDM 80 including derolling and rolling equipment
• n. 1 deburring equipment TECNOFINISH
• n. 3 deburring equiments RENI CIRILLO
• n. 1 belt oven SOLO
• n. 1 belt oven SAFED
• n. 1 rotating oven BAK
• n. 6 rimming machines (double feeding system) LA MANNA (own-made design)
• n. 2 pickling-polishing equipments RENI CIRILLO
• n. 1 polishing equipment ROSLER
• n. 3 automatic sorting machines PRODITEC
• n. 8 mechanical sorting machines (Selex) LA MANNA (own-made design)
• n. 3 pre-assembling presses SCHULER RingMaster MRV 150
• n. 1 cold rolling mill MINO IV
• n. 1 plating line
• counting and various packaging equipments

Lot 3) Service equipments blanking Dpt., mainly as follows:

• Main and emergency electric power supply
• Gas pipelines (methane, hydrogen, nitrogen)
• Air and water pipelines
• Chemicals pipelines
• Waste treatment
• Exhaust gas uptaking
• Heating
• Special (evacuation, security, electronic data processing etc.)

The auction's basic price, excluding VAT by law, is fixed in the subsequent amounts which are the results of the appraisal drawn up by dr. eng. Paolo DI TURO, legalized by the Chancellery of Aosta Court on 22nd December 2011.

Lot 1) 3.234.000,00 € (Euro three millions two hundred thirty-four thousand/00)

Lot 2) 1.453.000,00 € (Euro one million four hundred fifty-three thousand/00)

Lot 3) 686.000,00 € (Euro six hundred eighty-six thousand/00)

The sale of the equipments will be carried out “sales-to-hand”, “AS-IS” and in the state of use in which they are, and with waiver of the seller from any responsibility in this regard.

In the year 2012 the successful tenderer will grant on loan to the Seller the use of the equipments which are “object” of the present auction free of charge, following the instructions the Seller will issue within 10 days from the date of assignment.

Within 10 days from the assignment they will proceed to formalize the preliminary contract of sale with the awarded Buyer, according to the text which will be arranged by the Seller.

To participate to the auction it is necessary to constitute – under penalty of exclusion - a temporary security deposit in favour of “VERRES S.p.A. in liquidazione” equal to 2% of the auction’s basic price, fixed respectively into:

Lotto 1) 64.680,00 € (Euro sixty-four thousand six hundred eighty/00)

Lotto 2) 29.060,00 € (Euro twenty-nine thousand  sixty/00)

Lotto 3) 13.720,00 € (Euro thirteen thousand seven hundred twenty/00).

The aforesaid deposits have to be carried out through bank transfer by any bank institute in favour of the company “VERRES S.p.A. in liquidazione” on the account opened at the bank UniCredit S.p.A. F.OP. ROMA 2 – L.go Angelo Fochetti 16, 00154 ROMA, IBAN code nr. IT22 P 02008 05365 000001644766, BIC SWIFT code: UNCRITMMORS, with the compulsory indication of the following reason code: “Sales of equipments owned by VERRES S.p.A. in liquidazione sited in Verrès, Via Glair nr. 36”.

The auction will take place during a public session following the system of the secret offers to be compared to the above mentioned auction’s basic prices.

The awarding will be in favour of the bidder who has submitted the offer with the highest price increase if compared to the auction’s basic price.

The auction refers to all the above listed equipments and will be assigned also at the presence of just one offer.

In case of multiple bids ex equo, if the tenderers are attending the public session, a private negotiation will be carried out during this same session, through private offers, among the subjects who submitted offers with the same price, following the procedures that the unique liquidator will consider more suitable.

If the interested tenderers are not all attending, the assignment will follow a drawing of lots among those same offers.

To participate to the tender the tenderers must send an envelope, closed and countersigned on at least one of the two flaps – exclusively through either registered mail or hand delivery, directly to the headquarters of “VERRES S.p.A. in liquidazione”, Via Glair nr. 36, 11029 Verrès (AO) within the deadline of February 8^th 2012 at 12:00 a.m., penalty of exclusion.

Bids received after the deadline won’t be admitted.

The envelope shall contain the following indication “Application to participate in the public auction called for the sale of the equipments situated in Verrès, via Glair nr. 36” and addressed to “VERRES S.p.A. in liquidazione Via Glair 36, 11029 Verrès (AO)”.

The above mentioned envelope shall contain, penalty of exclusion:

1. 1- APPLICATION FORM TO PARTICIPATE IN THE AUCTION
   

   The application shall be on plain paper, dated and signed with original signature of the tenderer or of the legal representative, if the participant is a company or body, or any person who is granted the powers to engage the tenderer.

   The application shall indicate, for the natural persons, name and surname, place and date of birth, address and fiscal code of the tenderer, for companies and bodies, the denomination or company name, registration number in the Companies’ Registration Office, headquarters, fiscal code or VAT, as well as the generality of the legal representative, including his fiscal code.

   In the application shall be explicitly indicated if the tenderer is participating for his own or for a third party to be appointed. In this latter case a declaration shall be enclosed by the tenderer who is taking part on behalf of a third party to be appointed, where he engages itself to appoint this third party within three days from the date of the assignment of the related lot.

   The application’s subscription implies the explicit acceptation of all the clauses contained in the notice of auction.

   Besides, in the application shall be indicated the contact details of the tenderer (address, telephone number and, if possible, fax number and e-mail address) for the purposes of communications regarding the auction procedure as well as the account nr. and the international bank details IBAN of the tenderer to allow the refund of the paid deposit.

2. 2- SECURITY DEPOSIT
   

   Proof of the lodging of a security deposit shall be submitted enclosing the receipt of the bank transfer.

3. 3- FINANCIAL OFFER
   

   The financial offer shall be closed, penalty of exclusion, in an envelope sealed with adhesive tape, signed on at least one of the closing flaps, with the following wording “CONTAINS FINANCIAL OFFER”.

   The financial offer shall be expressed in figures and letters, on plain paper, letterhead if the offer is submitted by a juridical person, dated and signed with extended readable and original signature of the tenderer or of the legal representative.

   In case of discrepancy between the amount written into figures and the one into letters, the highest amount shall be considered as valid.

4. 4- DOCUMENTS
   

   The natural persons offering or appointed to represent the tenderer shall enclose to the application form copy of an identity document in course of validity, undersigned by the tenderer with original signature.

   Besides, if one of the cases listed below occurs, the following documents shall be added:

   1. if the offer is submitted by the tenderer’s legal representative, declaration in lieu of affidavit of the signatory powers of the legal representative;
   2. if the offer is submitted by an attorney of the tenderer, the original proxy or its certified copy; proxies are granted through a public deed or simple contract with original signature of the notary public.

   For the above mentioned offers, it is necessary to enclose:

   In case of companies/firms subdued to registration

   • Certificate of Registration issued by the Companies’ Registration Office dated not before six months from the deadline of offers’ presentation;
      
   • Statement attesting the absence of insolvency proceedings as per Royal Charter 16/03/1942, nr. 267, the above mentioned certificate can be replaced by a substitute statement as per art. 46 of D.P.R. nr. 445/2000 (self-signed certificate);

   In case of “other” private body

   • Copy, certified conform to the original, of the deed of incorporation.

Failure to comply with also only one of the indicated proceedings will imply the exclusion from the auction.

To the documents shall be enclosed privacy statement as per lgs. D. 196/2003, following the form attached to the present notice, which shall be signed to confirm the consent to the treatment.

The opening of the envelopes will take place by the headquarters of “VERRES S.p.A. in liquidazione” on 9^th February 2012, at 11:00 a.m.

At the time of the intervened assignment, and anyway within the subsequent 5 (five) working days, the awarded tenderers – shall make a further payment of a reasonable amount (equal to 10% of the basic price of the auction) following the same procedures as mentioned above.

These deposits will be forfeited by “VERRES S.p.A. in liquidazione” when the awarded tenderers don’t sign the sale contract within the terms and following the proceedings indicated in the present notice of auction for any fault which can be ascribed to the same.

The security deposits in favour of “VERRES S.p.A. in liquidazione” transferred by the non-successful bidders will be released within 5 (five) working days.

The awarded tenderers will remain locked-in to ensure the fulfilling of all conditions governing the sale and all prescriptions indicated in the present notice of auction, under penalty of revocation, as well as forfeiting of the security deposits, in addition to the recovery of the damages – remaining within the Administration’s faculties to proceed with new acts of auction – to their charge, risk and responsibility.

Within the term of 30 (thirty) days from the date of the minutes of the award – except for extensions that the selling company may, at its sole discretion, grant for justifiable reasons – the signing of the agreements for the purchase shall take place with the simultaneous payment of the balance price.

At that time the successful bidders will take ownership of the equipments and the active and passive effects of the sale shall commence.

The present notice of auction, any adjustments or updates, are available on internet website www.verres.com.

To get copy of the present notice of auction and the technical documents related to the equipments “object” of the auction, as well as the procedures and the terms to be agreed upon in order to visit the facilities, you may ask directly to the secretariat of the company “VERRES S.p.A. in liquidazione”.

Following the art. 13 of the Code for the protection of personal data (lgs. D. 30/06/2003, nr. 196) we inform that the treatment of the personal data submitted by the participants during the procedure aimed to the sale of the aforesaid equipments or however obtained for that purpose by “VERRES S.p.A. in liquidazione”, will be finalized for the sole execution of the procedure and will be carried out by “VERRES S.p.A. in liquidazione” employing proceedings, also informative ones, in the manner and to the extent necessary to attain the mentioned goals.

The provision of the data is needed to evaluate the participation requirements as well as the availability of the qualifying conditions and failure into submitting them may preclude such evaluation.

With reference to the above mentioned data, all participants will have the right, ex art. 7 of lgs. D. 196/2003, to access to their personal records, to ask for amendment, updating or cancellation, if incomplete, wrong or collected violating the law, as well as to oppose to their processing for legitimate reasons, addressing the requests to “VERRES S.p.A. in liquidazione”.

The company, at its own discretion, reserves the right to withdraw from the procedure at any time and the interested parties won’t have any right to engage in any claim by way of compensation. In any case “VERRES S.p.A. in liquidazione” won’t be required to pay compensation and/or reimbursement to the participants, for any purpose or reason, for the submitted offers or any preliminary activity eventually carried out.

The present notice and the entire sale procedure are subdued to the Italian Law and for any dispute related to the same the competence will be the Court Aosta.

Verrès, 26^th January 2012

The unique liquidator
(Dr Carlo Pessina)

Download the complete versione of the public auction.

Download download the personal data protection notice (privacy) according to D. Lgs. 196/2003.

Download the form for the written expression of content to the personal data treatment according to D. Lgs. 196/2003 (to return undersigned for acceptation).

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