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 9th 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:
Lot 2) Technological equipments other production lines briefly described as follows:
Lot 3) Service equipments blanking Dpt., mainly as follows:
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 8th 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:
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 9th 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, 26th January 2012
The unique liquidator