Terms and Conditions
1. GENERAL CONDITIONS OF SALE PRIVATE NEGOTIATION
1.1. To present their proposals to Justavenda Leiloeira, Unipessoal, Lda., interested parties must reduce it to writing, using the proposal formalization draft, with the identification “Proposal name” in one of the following ways
· By e-mail to email@example.com;
· By hand-delivered closed envelope;
· By means of a sealed envelope sent to the address of Justavenda Leiloeira, Unipessoal, Lda.: Rua Poeta Bocage, Nº15 F – Office M, Telheiras, 1600-240 Lisbon hand-delivered closed envelope;
1.2. Proposals must contain, under penalty of being excluded, the following elements:
· Identification of the bidder:
a) Name or company name;
c) Taxpayer number;
· Identification of the Lot(s) and respective value(s) offered in full, expressed in euros;
· Indication that the bidder knows and accepts the terms of sale
1.3. If there is more than one offer of equal value for the goods being sold, a bidding process may be held between the bidders.
1.4. The Insolvency Administrator / Creditors Committee reserves the right not to award in the event that the best proposal is not considered satisfactory.
2. REAL ESTATE / MOVABLE PROPERTY
2.1. The immovable property is sold in the physical and legal state in which it is found, free of encumbrances or charges, having already heard the creditors with real guarantee on the property, pursuant to paragraph 2 of art. 164 of the CIRE.
2.2. . Movable goods are sold in the physical and legal state in which they are found and do not have any guarantees of functioning/parts or assembly and transport;
2.3. The goods for sale will be available for visit, previously defined, in the respective sales brochure and/or area of the good, either by setting days for this purpose, or by appointment to be defined with Justavenda Leiloeira, Unipessoal, Lda.
2.4. It is assumed that the interested parties have inspected the property in question and are aware of its characteristics, disclaiming any responsibility for its state of conservation or functioning, as well as any incorrect description of the information contained in the leaflet that could lead to error.
2.5. Massa Insolvente or Justavenda Leiloeira, Unipessoal, Lda. cannot be held liable for incorrect descriptions in the leaflet that may be misleading, as well as changes that, regarding the legal status of the building or the licensing, may occur in the future and that may come to be harmed by law or administrative act.
2.6. It is not guaranteed that the goods for sale have a license for habitability or use and, when they do, it is not guaranteed that this license fully corresponds to the material realityl.
3. PRICE PAYMENT
3.1. With the proposal:
a) A deposit check in the amount of 20% to the order of Justavenda Leiloeira, Unipessoal, Lda., to be returned to the successful tenderer at the time of award.
3.1.1. With the award of the property, the successful bidder will pay:
a) 20% of the sale value, by check issued to the Insolvent Estate or bank transfer;
b) 5% of the sale value, plus VAT at the legal rate in force, by check issued to the order of Justavenda Leiloeira, Unipessoal, Lda., referring to the services provided in the promotion and sale of the good, which may, however, be paid by bank transfer upon agreement;
c) The remaining 80% of the sale value must be paid upon completion of the purchase and sale deed, by certified/bank check,
3.2.1. With the award of movable property, the successful tenderer will pay:
a) 100% of the sale value, by check issued to the Insolvent Estate or bank transfer;
b) 10% of the sale value, plus VAT at the legal rate in force, by check issued to the order of Justavenda Leiloeira, Unipessoal, Lda., referring to the services provided in the promotion and sale of the good, which may, however, be paid by bank transfer upon agreement;
3.3. The lack of any payments referred to above, either by simply giving up or by lack of provision of the means of payment presented, may determine that:
a) The sale of the remitted bidder is void;
b) The good(s) will be re-sold in the manner deemed most convenient;
c) The remiss bidder is not allowed to acquire it again;
d) The remiss bidder is responsible for the difference between the price at which he purchased and the price at which the lot or good is sold, and also for the expenses he gives rise to.
4. PUBLIC DEED
4.1. The public deed of the property will be carried out within 60 days or as soon as all the necessary documentation is gathered for this purpose, in a date, time and place to be notified to the successful tenderer with at least 15 days in advance.
4.2. The successful tenderer undertakes to, as soon as requested, provide all the elements essential to the implementation of the acts of transfer, namely the documents proving the settlement and payment of IMT and Stamp Duty, if any.
4.3. The promissory buyer is responsible for all costs inherent to the purchase, including the payment of deeds and registrations, as well as the settlement of the Stamp Duty and IMT and the issuance of an updated Permanent Certificate of the property(s) awarded, if the they have no place.
5. ASSESSMENT OF ASSETS
5.1. Once payments are confirmed, buyers will be contacted to pick up the goods. The collection and transportation of the goods is the sole responsibility of the buyers.
5.2. Vehicles will only be collected after their registration has been carried out at the registry.
5.3. Movable goods must be collected within 10 days of the award date, unless special indication will appear in the sales catalog and will be duly announced.
5.4. Real estate will be delivered in the act of Deed of Purchase and Sale.
5.5. It is the buyer’s responsibility to provide the means for the removal of the goods, which is under the obligation of careful and effective procedure in the act of collecting them, being held responsible for any damage caused to third parties or third party goods, when handling/moving /dismantling/transport of the respective purchased goods.
5.6. Failure to collect the goods within the prescribed period may have the following consequences:
a) Cancellation of the award;
b) Criminal and/or civil liability for damages or losses caused;
c) Criminal and/or civil liability for damages or losses caused.
6. FINAL PROVISIONS
6.1. Any situation of non-compliance attributable to the successful tenderer will cause the loss of the amounts already paid, for whatever reason, namely as a guarantee.
6.2. If, for reasons beyond the control of Justavenda Leiloeira, Unipessoal, Lda., the sale is considered null and void, by whoever is entitled, the amounts received will be returned in a single payment, with no place for prejudice to the Insolvent Estate under any circumstances.
6.3. Justavenda Leiloeira, Unipessoal, Lda., within the scope of its functions, after hearing those interested in the sale, may:
a) Do not sell, as long as the amounts reached are considered manifestly insufficient;
b) Demand, whenever it sees fit, that payments be made by certified check or cash;
c) Do not consider unmarked sales;
d) Interrupt, cancel or cancel the act, provided that irregularities or collusion between the participants are detected.
6.4. Participation in private negotiation implies full acceptance of the conditions of this regulation, establishing for the resolution of any emerging conflict the competent jurisdiction of the district of Lisbon.
6.5. These conditions do not exempt the consultation, reading and mandatory acceptance on the electronic platform www.justavenda.pt of all the terms and conditions provided for therein
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