Terms of sale
All sales made through online auction organized by PBG Srl are subject to the following terms and conditions:
1- Sales on www.pbgsrl.it site are organized exclusively by PBG srl. The purchaser has to know, observe and accept the following terms and conditions in order to participate into auction on line as he is the sole responsable for his actions.
2- Only registered users who have an account, can participate in online sales. The user is bound to the data inserted and the successive payment, invoicing and evt. radiation of vehicles must necessarily correspond to the data recorded.
3- PBG Srl may carry out checks on the user and may in a final reserve the right not to subscribe or to suspend the registration of the relevant account. It is not allowed to submit purchase offers by the debtor of the referral procedure.
4- PBG srl is never responsible for the inaccessibility or incorrect functioning of its website for external factors or force majeure. The registered user is aware of the possible problems deriving from the use of the online platform for which PBG srl cannot be held responsable. PBG is not responsible for direct actions by the user that may cause damage or malfunction to the system, unavailability of display and use, illicit use or any event that is unexpected or unpredictable.
5- The subject of the transaction is identified by the unique code of PBG.
6- All assets proposed in auction have a minimum bid price expressed in Euro. No bids below the amount specified-based auction are accepted. In case of private sale the goods will be awarded to the user whose bid will be considered most advantageous from PBG srl.
7- The bidder is bound to his offer, which is irrevocable, so that no error possible, of any kind, typing or misstatement of the bid amount, is chargeable to PBG, with all the consequences of validity of the same, in terms carried out.
8– The minimum bid raise is equal to the amount shown next to the offer currently winning.
9- The online auction ends at the date and time set at the beginning of the same. The official time is the one of the PBG srl server, indicated in the web pages.
10 - The bidder that, at the prescribed time, has made the highest bid wins the auction. Any complaint against it will be rejected. When no offers into auction appear, the good will be awarded to whom paied first the deposit. So if there is no offer, the payment of the deposit is valid as accepting the reserve price
11 - The submission of offers in five minutes before the end extends it to another five minutes.
12 - The offers will be considered valid only if presented during the time frame of the indicated auction
13 - In case of auction lot the winner is obliged to buy the whole lot, subject to the conditions of the status quo in which the property is located.
14 - PBG Srl reserves the right to stop an auction in progress at any time.
15 - If the reserve price is not reached at the end of the auction, PBG reserves the right to award or not the good to the best bidder.
16 - The highest bidder or client who paied first the deposit will be notified by e-mail of his winning bid, followed by the order confirmation by e-mail.
17 – Each asset is sold in the state of use in which it is located as seen and liked. The subjects of the transaction equipment are those described or published by photo on PBGs’ site and identified by the unique code of PBG. PBG fits with the utmost care and clarity the description of the individual assets, any incorrect or incomplete information is not attributable to PBG. The buyer is invited always to maintain vision of the goods of interest. Each asset is sold in the state of affairs in which it is, without any guarantee or responsibility of the part of the Seller about its functioning, which results in the exclusion of the right of withdrawal.
18 – The sale is in body and not in measure and eventual difference of measure can not give rise to any reimbursement, indemnity or price reduction.
19 – The sale is not subject to the rules concerning the warranty for defects or lack of quality pursuant to Article 2922 of the Italian Civil Code.
20 – The existence of any defects, lack of quality or non-conformity of the item sold, urban planning, environmental charges, any adaptions to the existing regulations in the field of prevention and safety, even hidden or not highlighted in the expert reports, will not give rise to any compensation, reduction of the price, whose costs and expenses will be borne by the winner.
21 - Pick up: Free ex depot. The withdrawal of the purchased goods must be made, on account of the buyer within 10 days (ten) from the assignment, unless otherwise agreed duly countersigned by both parties; after this period, the daily storage costs calculated on the basis of '1% (one percent) of the value of awarded good will be applied. If goods are not picked up within 30 days of ultimate date given, the sale will be automatically resolved and the paied amounts will be retained for penalty.
22 - The transport -and dismantlingcosts are for account of the buyer.
23 - In the event of a sale of registered property the transfer costs of ownership, those relating to the duplication of documents and any additional charges, such as, but not limited to, the cancellation of registrations and transcripts on the motor vehicle, are borne by the buyer.
24 – Goods can be picked up only after complete payment of confirm order. In case of registered items the transfer of ownership/radiation must have taken place. In case of non payment the amount given for deposit will be retained for penalty and the item will be put again on line for sale.
25 - PBG Srl assumes no responsibility for any damages caused to the good subsequently to the day after receipt of the payment
26 - The nonpayment of the awarder, in case of deposit, involves it’s loss and in involves in any case the application of the sanctions as foreseen by the Civil Code and the civil Procedure Code relating to securities and bankruptcy enforcement procedures. Once carried out the forced resale, the price that is obtained may be lower than the previous award, the defaulting contractor is obliged to pay the difference. In the case of bid rigging the legal receiver may act with all his means to the competent juridical authorities.
27 - Customs operations must be carried out by the buyer. The buyer shall pay a suitable guarantee for the amount of VAT which will be refund upon receipt of customs export documents.
28 - The buyer shall arrange an appropriate “ safetyplan" for disassembly and loading of the machinery. Before the beginning of such operations should be provided the list of staff employed to authorize access to the site.
29 - Upon receipt of entire payment the PBG srl will issue an invoice. The payment and the subsequent invoicing will necessarily correspond to the recorded data.
30 - The buyer is deemed as of now responsible for any breach of established norms inside of this Regulation
31 - The sales contract between the customer and PBG Srl is concluded in Italy and regulated by Italian law. For the solution of civil and criminal litigation arising from the conclusion of this sale contract, the jurisdiction will be determined in accordance with art. 24 Bankruptcy Law, which declaration location of the bankruptcy proceedings whose assets are the subject of this transaction.
32 - Any dispute between the parties that can not be settled out in extrajudicial seat and that refers to the interpretation, execution, non-compliance, resolution of this regulation and that in any way related to it will be devolved to the exclusive jurisdiction of the opening of the procedure bankruptcy whose assets are the subject of the relative sale