34128: Navă industrială în Chipiona

SPECIFIC TERMS AND CONDITIONS — AUCTION 34128
(Adapted to the special liquidation rules of the insolvency proceedings)
34128: Industrial warehouse, set of woodworking machinery, vehicles and inventory — Commercial Section of the Court of First Instance of Jaén. Courtroom No. 1.
 
Acceptance of the liquidation rules and the auction rules. Precedence.
The bidder signing these conditions confirms having read both the liquidation rules of the insolvency proceedings — which are uploaded to the auction as "Order on Special Liquidation Rules" — and the auction rules (general conditions and these specific conditions), and expressly accepts both.

In the event of contradiction between the auction rules and the liquidation rules of the insolvency proceedings ("Liquidation Rules Order"), the liquidation rules approved by the Court shall prevail.
 
Applicable liquidation phase
This auction takes place within the framework of the second part of the first liquidation phase, the holding of which the Insolvency Administration has entrusted to the specialized entity.

Bidders whose proposals have been accepted by the Insolvency Administration will be automatically registered by Gobid in the auction. Likewise, the deposit made for the submission of the bid will be transferred and applied to the corresponding lot.
 
Auction duration
 
Start: Thu 29/10/2026 at 12:00
End: Fri 13/11/2026 at 12:00
 
Lot visit conditions

Visit dates: by appointment only.

To book visits and receive further information and details: [email protected] — tel. +34.911.875.990
 
Deposit

To participate in the Auction, a specific deposit must be paid for each lot.

The deposit must be made by bank transfer to the account indicated below:
 
BANCO DE SABADELL, S.A.
IBAN: ES24 0081 0682 4100 0189 4093
SWIFT/BIC: BSABESBBXXX
ACCOUNT HOLDER: GOBID ESPAÑA S.L.
Reference: (auction number and lot number)

The deposit must be paid before the end of the Auction. Only once the deposit has been received will the user be authorized to participate in the Auction. To speed up participation, it is recommended to send proof of payment to [email protected].

Privileged creditors related to the real estate being sold in this auction are exempt from paying the deposit to participate in bids for those lots in respect of which they hold the claim. To participate, they must send an email indicating their position and submit the documentation required for participation, except for proof of payment of the deposit.

Users who have participated in the Auction but have not been awarded any asset, and whose bid is not equal to or higher than 85% of the best bid, will receive their security deposit back within the following 10 business days from the conclusion of the auction, without interest.

If, after making the deposit and having been awarded the lot for sale, the bidder does not complete the acquisition by paying the sale price and the Buyer's Premium, such security deposit will be retained.
 
Bid to qualify as the second-best bidder.

In the event that the best bidder's bid is not ultimately awarded, lower bids than the best bid published on the Specialized Entity's website may be accepted, at the discretion of the Insolvency Administration, provided that they reach at least 85% of that bid and do not exceed the best bid submitted during the auction. For this purpose, both bids submitted during the auction and those that may be submitted after its end shall be taken into account.

To be considered as the second-best bidder, such bids must be submitted within a period of no less than two hours and no more than twenty-four hours immediately after the end of the auction.

In the event of equal bids, the one received first according to the date and time of its registration in the system shall prevail.

Regarding the security required for the submission of these bids, the following cases are distinguished:

a) The bidder who has participated in the auction for the asset or lot in question and has provided the corresponding security shall not have to pay a new security; the one already provided shall be sufficient, unless their bid is directed at an asset or lot different from the one in respect of which they provided the security, in which case they must provide the security established for that new asset or lot.

b) The bidder who has not participated in the auction must in any case provide the security established for the specific asset or lot on which they submit their bid.

In the event that the Insolvency Administration chooses to award the asset or lot to the next-best bidders, the Specialized Entity shall retain the security of the non-awarded bidders who could become awardees, and its return shall not proceed until the price of the lot has been paid in full by the best bidder or, failing that, by the next-best bidders who are awarded.

Once the indicated period has elapsed, the Specialized Entity shall inform bidders who have submitted bids equal to or higher than 85%, so that their bids are maintained, and the security provided by such bidders shall also be maintained.

To submit this type of bid, the form attached to the auction page must be completed.
 
Charges and Encumbrances

The sale shall be made free of charges and encumbrances, except for restrictive rights of ownership, legal affections and the corresponding urban planning charges.

In addition, taxes, levies and duties relating to the award, sale or transfer of each asset shall be borne by the awardees or purchasers, who shall also assume notarial, registry and any other expenses related to the sale. In no case shall the insolvent company bear any type of expense related to the sale.

Likewise, any outstanding amounts that may exist in respect of Property Tax, urbanization charges and community expenses, and any fees and all types of expenses accrued and unpaid by the insolvent company that encumber the assets, shall be borne by the purchaser.
 
Orders for cancellation of charges shall only be issued by the Court once the Insolvency Administration provides proof of the effective transfer of the assets and, in the case of assets subject to special privilege, payment to the privileged creditor. The Insolvency Administration shall request the Court to cancel the charges and registry entries, both those arising from attachments and those arising from the insolvency proceedings; the resulting expenses shall be borne by the purchaser.
 
Award of lots

The minimum starting price of the auction shall be the amount of the highest bid submitted to the Insolvency Administration during the first part of the first phase. Once the auction has been held, the award shall be made in favor of the holder of the best bid, provided that it is equal to or higher than 50% of the value stated in the inventory.
 
At the end of the auction, if the winning bid is equal to or higher than the reserve price, award confirmation will be sent to the best bidder with instructions for making payments within the established deadlines.

Warning: the Insolvency Administration reserves the right to communicate the winning bid to the Court for approval. In this case, only once the bid has been approved by the Court will award confirmation be sent to the best bidder with instructions for making payments within the established deadlines.

The auction includes aggregated lots and the complete lot. If no bids are received for the complete lot (Lot 0) or for the aggregated lots, the individual lots will be awarded in accordance with the provisions of the previous section. In the event that bids are submitted for the complete lot (Lot 0) and/or for The aggregate lots, the Insolvency Administration will decide, at its unquestionable discretion, whether to award the complete lot, the aggregate lots or the individual lots, based on the bids submitted for each lot.

This means that, even if the bids on the individual lots reach the reserve price and the bids on the aggregate lots and/or the complete lot do not, the individual lots may not be awarded in favor of the award of the aggregate lots or the complete lot.

Participation method

To be able to participate in the auction, the user must register on the website www.gobid.es, adding their own personal data, apply for registration for the auction and accept its terms and conditions, as well as the insolvency liquidation rules ("Liquidation Rules Order") that they accept by signing these conditions.

The data included at the time of registration will be the same data used to assign the award of the sale, the lots and their ownership.

All required payments, before and after the sale, must be paid by registered users. Any powers of attorney will be considered only if authorized by the Principal.

The user must deposit the required deposit for participation into the bank account specified above, specify the auction number and the number of the lots in which they wish to participate, and at the same time send proof of the transfer made to [email protected]. The deposit must mandatorily be credited before the end of the auction.

In addition to the deposit, the user, in order to be authorized to participate, must provide the documentation set out below by sending it to [email protected]:

IF NATURAL PERSON:
– Copy of valid DNI of the person to whom the transfer of ownership of the lot will be awarded.
– If the bidder is a spouse under a community property regime, they must also provide the spouse's data by means of a copy of the DNI (a document not binding for authorization to the auction, but required in the event of award).

IF COMPANY OR ENTITY:
– Copy of the company's incorporation deed stating the incorporation of the Company and the powers granted to the bidder.
– Copy of valid DNI of the administrator or legal representative.
– Sworn translation of the incorporation deed, if the company is not Spanish.
– Power of attorney authorized by a notary, in the case of participation through a representative.
 
Payment method
 
Payment of the Buyer's Premium must be made entirely by bank transfer, using the accounts communicated at the time of registration or together with the award notification (see general auction conditions).
 
The provisional awardee must deposit into the insolvent debtor's account, which will be indicated at the time of sending the award confirmation, the total auction price plus VAT (if applicable) within the established deadline.
 
Any costs of transfer of ownership, notarial deed and any cancellations in any public registry of the charges or encumbrances established on them must be deposited before the date set for formalization of the sale. Once all amounts have been paid, ownership will be transferred by notarial deed, according to the methods established by the Principal.

Payment deadline

Payment of the award price for the lots must be made within 10 days from the award notification.
 
Payment of the Buyer's Premium must be made within 5 days from the award notification.

The possibility is provided, subject to prior authorization by the Insolvency Administration, of paying the auction price of the lots that need to be formalized by notarial deed at the time of formalization of the sale before a notary.

Transfer of ownership
 
Formalization of the sale of the real estate will be carried out through a public notarial deed according to the conditions established by the Insolvency Administration, only once the award price, the fees (Buyer's Premium) and other expenses arising from the purchase have been paid, with all costs borne by the awardee.

Formalization must be carried out within a maximum period of 30 days from the sending of the award confirmation, and this period may be extended only by the Insolvency Administration.

The Principal will ultimately be responsible for requesting the Judicial Secretary to proceed with the lifting of the attachments, charges and annotations arising from the insolvency proceedings that encumbered the transferred assets, by issuing the corresponding orders. The costs of any lifting will be borne by the awardees.
 
In the event that the highest bidder designated as awardee does not appear to execute the documents necessary for their transfer, without the need for an express judicial declaration or summons, the Agent, in agreement with the Principal, may deem the purchase offer withdrawn. The amount deposited as Buyer's Premium will be forfeited and retained as compensation.

Administration expenses are established, fully assumed by the awardee, intended to cover the sale formalization service, which will be organized by the Agent.

Possession of the property will not be delivered until the liquidation and removal of the insolvent debtor's movable assets present in the property have been completed.

Formalization and change of title

The awardee will be obliged to formalize the corresponding sale contract within the period indicated by the auction management entity. Likewise, they must carry out, at their own expense and responsibility, all procedures necessary for the change of title of the awarded asset before the Directorate-General for Traffic (DGT) and any other applicable public registries.

If the removal of the asset takes place prior to the change of title, the awardee will assume from that moment all responsibilities, charges, expenses, taxes and penalties that could derive therefrom, expressly releasing the seller entity and the management entity from any liability after delivery.


Conditions for removal

In any case, removal must be completed no later than 20 days from the confirmation of provisional award.

In order to optimize the collection service, GOBID ESPAÑA S.L. will notify the successful bidders by email of the date and time for proceeding with the collection of the lots. These dates may also be indicated on the auction website. In any case, GOBID ESPAÑA S.L. reserves the right to change the dates and times indicated for collection at its sole discretion.
 
If the successful bidder has to carry out the collection on dates additional to those offered, they must pay an amount between €250.00 and €350.00 plus VAT for each additional day, depending on the goods to be collected, as additional expenses.
 
Successful bidders must respect the proposed date. If they cannot carry out the collection on the communicated date and time, they may:
 
– with prior approval, request that collection be allowed during the next experiment, if planned;
 
– with prior approval, carry out the collection on days and at times different from those initially proposed in the same sale phase, paying a further fee of between €250.00 and €350.00 plus VAT per additional day and person required for assistance, as additional expenses.
 
Failure to comply with the collection date scheduled between GOBID ESPAÑA S.L. and the successful bidder will result in the application of a penalty of €350.00 if cancellation of the collection has not been notified at least 48 hours before the appointment, without prejudice to the fact that compensation for damages to GOBID ESPAÑA S.L. must in any case be paid.
 
Lots that have not been collected within the established period will be subject to a daily penalty of €50.00. If the property is not collected within the 30 days following the last day scheduled for collection, the sale will be considered terminated and the amounts paid by the successful bidder (awarded lots – Buyer's Premium, complementary management expenses and any complementary charges paid) will be retained as compensation for the damage caused.
 
GOBID ESPAÑA S.L. has no obligation to deliver any lot or to organize in any way the collection and delivery thereof.
 
Collection operations must be carried out by the buyer in compliance with the safety rules in force established by law; therefore, the buyer will be obliged to make the necessary arrangements even when referring to third parties and/or employees assisting in carrying out the aforementioned operations.
 
The successful bidder is responsible for any dismantling, moving, loading and transport of the awarded lots and, in the case of vehicles, also for the transfer of ownership and other corresponding formalities.
 
In any case, GOBID ESPAÑA S.L. will not make any lot available before the previous payments have been paid and, in the case of registered movable property, before the corresponding transfer of ownership has been completed.
 
Formatting of computer equipment: the successful bidder of the computer equipment lot must format the equipment that requires it before collection. The cost of formatting shall be borne by the successful bidder, who must also certify that the equipment has been emptied in accordance with current regulations.

Decontamination of equipment/elements: if any of the elements requires decontamination before collection, the decontamination process, as well as any other procedure necessary for its proper securing, dismantling, collection and transport in accordance with current regulations, shall be the responsibility of the successful bidder, including the associated costs.

 
Other specific conditions
 
Buyer's Premium: the bidder who is definitively awarded the lot must pay the auction house fees, set at 5.00% of the final award price of each lot, plus 21% VAT (if applicable), in addition to any administration expenses detailed in each lot's file.

The Buyer's Premium will have a minimum amount of 50 euros (plus VAT, if applicable) for each awarded lot or combination (minimum commission).

Payment of the commission (Buyer's Premium), as well as any other established administration expense, shall be borne by the purchaser or successful bidder, whether or not they are the creditor with special privilege.

Administration expenses: these are additional expenses fully borne by the successful bidder, intended to cover the services and activities, performed and to be performed, necessary for the preparation, organization and management of the sale of the goods at auction and the post-award phase. These expenses must be paid together with the Buyer's Premium payment according to the provisional award confirmation that will be issued once the auction has ended. If applicable, such expenses will be indicated in each lot's file.

The administration expenses amount to:
– Collection of items: €400.00 plus VAT for each day on which collection must take place.

If several lots are awarded, a reduction of such expenses may be agreed based on the actual collection days and the service offered by GOBID.

Assets subject to privileged claims

Creditors with special privilege will not be obliged to make the deposit payment.
 
The holder of the special-privilege claim is given the option to assign the award they obtain.
 
The creditor with special privilege, in the event of an award, will be obliged to pay the fees of the specialized entity.

Cadastral and registry discrepancy – Lot 0 and 1

The Insolvency Administration informs potential bidders interested in acquiring this property that the cadastral and graphic description of the property does not correspond to the physical reality or to the description recorded in the Property Registry.

Consequently, the cadastral information is provided solely for identification purposes, and the description, surface area, boundaries and other circumstances resulting from the registry inscription must prevail in any case, without prejudice to the checks that each interested party deems appropriate to carry out prior to submitting their offer.

Submission of an offer will imply knowledge and acceptance of this circumstance, and the discrepancy between the cadastral description and the physical and registry reality may not give rise, once the property has been awarded, to any claim against the active estate or the Insolvency Administration arising from such discrepancy.

Award Taxes: VAT and/or any tax applicable under the regulations and to the successful bidder shall apply.
 

Offers for the Complete Lot: If no offers are received for the complete lot (Lot 0), the individual lots will be awarded, provided they have received offers, as set out in the paragraph "Award of lots". If offers are received both for the Complete Lot (Lot 0) and for the individual lots, the Insolvency Administration, at the end of the auction, must decide whether to award the Complete Lot or the individual lots, based on the values reached, at its unquestionable judgment.



Extra-Time: If any user places a bid in the last 5 minutes, the deadline will be extended by an additional 5-minute period and the countdown will restart, and so on until no bid is placed in the last 5 minutes of extra time. In the case of a maximum bid (proxy bid), automatic increments will be considered valid for extending the extra-time period.

Successful bidders or buyers may not make claims regarding the physical and/or legal condition of the goods and/or rights, both as to their physical configuration and their legal status, it being understood that by bidding they waive any such claims; any goods subject to this liquidation shall be transferred as a specific body. Accordingly, bidders shall be deemed to expressly accept the physical and legal condition in which the auctioned good is found, and the price may not be reviewed nor may the purchase be withdrawn for any reason, the bids made being irrevocable; the bidder expressly waives, in the event of award and/or purchase, the warranty for hidden defects governed by art. 1,474 of the Civil Code, expressly releasing the seller from such obligations.
 
The bidder assumes, as a consequence of their participation, the condition in which the asset is found, both as to its physical configuration and its legal status, acquiring it as a specific body and waiving the exercise of actions for hidden defects or of a similar nature. It is advisable to visit the lots for sale.
 
All expenses caused by the disposal shall be borne by the successful bidder, including removal and transport costs, any property transfer costs, notarial deed and any cancellations in any public registry of the charges or encumbrances established on them.

In the sale, there is no type of post-sale warranty for non-conformity of the good, so it may not be claimed by any of the purchasers or interested parties.
 
Therefore, the existence of any damage or lack of quality in the goods sold may not give rise to any out-of-court or judicial action for indemnification or compensation.
 
Any liability of the Mandatary relating to the existence of third-party rights over the goods subject to the sale is excluded.
 
The sale is carried out with the buyer's obligation to assume their own expenses and responsibility for the purpose of verifying their true conformity with the good offered for sale.
 
Any liability of GOBID ESPAÑA S.L. arising from errors or inaccuracies in the translation of the texts and material published on the website is excluded.

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