The Company LUKA KOPER, d.d., Vojkovo nabrežje 38, 6000 Koper, the Republic of Slovenia (hereinafter: the Seller) publishes, in accordance with Article 167 of the Law of Property Code, in conjunction with Article Art. 753 of the Code of Obligactions, addressing the interested auctioneers (hereinafter: Auctioneers or Bidders), this invitation to a 2nd public auction of used containers (designations: 40RH, 40DV, 40DH, 20DV, 20RE, 20FE according to the List enclosed hereto – hereinafter: the Goods), to be held in the ‘Investicije’ conference hall on the groundfloor of the head-office building of Luka Koper, d.d., located at Vojkovo nabrežje 38, 6000 Koper, the Republic of Slovenia, on 20. April 2017 at 9.00 hrs. The Goods under the public auction are located in the Port of Koper (Koper, Republic of Slovenia), managed by the Seller, not of the EU Community status and not owned by the Seller. The Seller is putting the Goods for sale in exercising its lawful lien on the Goods.
Interested parties may inspect the Goods hereunder on workdays from (date) 10. April 2017 to 14. April 2017, between 09.00 hrs. and 14.00 hrs., and announce their visit to inspect the Goods at least one workday in advance, by 10:00 hrs, to the Seller’s contact person indicated below.
As a prerequisite for access to the public auction, the auctioneer shall, by or on date 18. April 2017 pay the deposit amounting to EUR 500,00 , as a bid bond, payable into the bank account of LUKA KOPER, d.d. no. SI56 1010-0000-0001-935 with Banka Intesa Sanpaolo d.d., SWIFT BAKO2X, indicating the reference »Public Auction of Goods – Containers«. For the successful auctioneer, the deposit shall count as the part of purchase money. If the auctioneer, whose bid was accepted by the Seller, fails to enter into a Contract of Sale in three days after the public auction and fails to pay the purchase money in due term set in the Contract (the text of the Contract is enclosed hereto), the Seller shall be entitled to retain the deposit. In such a case, the auctioneer has no claim versus the Sellers. Auctioneers who were not selected as successful bidders in the auction shall receive the deposit, not interest-bearing, in 8 days after the auction has completed, into their bank account as indicated.
The public auction shall take place when at least one bidder has announced attending, or when at least one valid bid has been received by mail, complying with the terms of this advertisement. All bids placed by auctioneers in the auction, or in writing under the terms hereof, shall be binding in the sense of Article 25 par. 1 of the Slovenian Code of Obligations.
The subject matter in the auction shall be each container (the bid may be made just for one container, or for several containers, or for all containers). Auctioneers shall submit their bids quoting each container thereunder separately, even if the bid is made for the entire quantity of containers, or for several containers, respectively.
At the public auction, the bidders make their bids for each separate container verbally or in writing.
A bid in writing is eligible when it is clearly indicated for which container(s) it is made, quoting the price offered by the auctioneer for a particular container. Bids in writing may also be submitted using the Table published with this advertisement, in which the auction price is indicated for each container (hereinafter: Auction Price), quoting their Bid at each container in the Table under their Bid, and submit the completed Table to the Seller in the way determined herein.
When a bid does not clearly indicate the Bidder’s bid price for a particular container of the Bidder’s interest (but rather quotes a sum total for all containers), such a Bid shall not be valid and shall not be processed. It shall be deemed that the purchase price offered is exclusive of VAT and of other taxes or levies that shall be payable upon a sale. Any VAT, customs duty and other levies shall be accounted for and charged in addition, based on the applicable regulations, and shall be borne by the Bidder.
Auctioneers may attend the auction in person or submit their bids in writing. Nevertheless, the auctioneers who submit a bid in writing, as stipulated herein, may attend the auction in person, too. In such a case, their bid in writing shall be deemed as their first bid, which can then be advanced (heightened) at the auction, but shall not be lowered. When the auctioneers do not attend in person, their bids submitted in writing shall be taken as their last bid.
Any bids in writing shall be submitted to the Seller’s address LUKA KOPER, d.d., Vojkovo nabrežje 38, 6000 Koper, Republic of Slovenia no later than by (hrs) 08.30 on (date) 20. April 2017 in a sealed envelope, indicating the reference »Public Auction for Containers – »DO NOT OPEN« on the envelope. Any bids in writing received after that deadline shall not be considered and shall be returned unopened to the sender; however, this shall not apply to such bids whose Bidders or their proxy be submitted directly in the public auction. Likewise, any bids received in an envelope not complying with the above terms, and any bids received in any other way (by e-mail, telefax, etc.) shall not be taken into account. The bids received in the appropriately marked sealed envelopes in due time at the head-office of the Seller shall be opened in a public auction directly before the auction commences. The Bidder shall indicate its contact details (full name, address, e-mail address, telephone number) in its Bid made in writing. It shall be deemed that the Seller has given any response or message to such Bidder validly if it was delivered to any of such contacts provided by the Bidder. The Bidder shall receive any message of the Seller without undue delay.
The person representing in the auction a Bidder who is legal entity, shall be the legal representative who is registered in the Court /Business Register of Companies. Where a bidder is represented by a proxy in the auction, such proxy shall have a written Power of Attorney signed by the legal representative of the Bidder.
The criterion for selecting the best /successful bidder for a particular container shall be the highest bid offered for a particular container. The Seller shall not accept any Bid for a particular container when such bid does not reach the auction price for that container. The lowest amount to advance the preceding highest bid for a particular container shall be EUR 30.00 (thirty EUR).
The Goods under the auction shall be sold under the ‘as seen’ principle, at the Incoterms »EXW Vojkovo nabrežje 38, 6000 Koper, Slovenia«. Any objections of material and/or legal nature, and/or claims versus the Seller that may relate to the Goods or the sale thereof shall not be possible and are expressly excluded.
When the Seller accepts the bid of an individual Bidder for a particular container, the Seller shall issue a Statement of Acceptance in writing, and that Statement shall be recorded in the Protocoll on the Auction. A Bidder whose Bid for a particular container is accepted by the Seller, shall conclude a Contract of Sale with the Seller (the text/ sample for such a Contract is enclosed hereto) in three days after the auction has closed. Should such Bidder fail to conclude a Contract with the Seller in the given term and /or fail to pay the purchase price in total amount in the term stipulated in the Contract of Sale enclosed hereto, the Seller shall retain the deposit paid and may enter into (but is not obliged to do so) a Contract of Sale for such container to the Bidder who has quoted the next highest Bid, provided that such bid is not below the threshold auction price.
The pre-requisite for taking delivery of the Goods sold in the auction, and to acquire the title to such Goods, is to conclude a Contract of Sale and the settlement of the purchase money in full (including any subsequent taxes, customs duty and other levies or charges for such Goods) in the given term. Taxes, customs duty and other levies or charges for the Goods purchased in the public auction shall be borne by the auctioneer. Given that the Goods to be sold in the auction does not have the Community status, the auctioneer shall have to undertake all the formalities before the competent authorities in order to assure the status of Community Goods. If the Goods are intended for export to another customs bonded store, or sent to another EU Member State, or to third country, the auctioneer shall undertake the appropriate procedures. The Auctioneer shall bear any costs or expenses incurred during the bringing of Goods out of the Free Trade Zone of the Port of Koper and/or out of the European Union. The storage costs and any other expenditure related thereto shall be settled before taking delivery of the Goods. The Buyer shall bring the Goods out of the warehouse in 8 days after concluding the Contract, otherwise the Seller shall charge storage fee in accordance with the General Operating Terms and the Rates of the Seller. The Bidder shall provide for all the documents for the possession and disposal of Goods. The Seller does not have the documentation on the containers.
The subject matter of the sale are only the containers, exclusive of any rights to use the brand or other intellectual property. Likewise, the rights vested in the use of marks indicated on the respective containers (letters in the container designation) are not the subject matter of the sale hereunder. The successful Bidder shall, immediately after having concluded the Contract of Sale, see to arrange all the necessary steps before the competent authorities and organizations (in particular with the Bureau International des Containers et du Transport Intermodal- B.I.C.), to arrange that the containers purchased shall be designated only with uniform markings (the first four letters) that are allowed only to the Bidder to use, and make sure that the containers shall not be designated with any uniform markings to which the buyer is not entitled or does not possess such rights, or that the containers do not bear any other invalid uniform markings.
All the information in respect of the Goods is available to all Bidders from the date of publication hereof until the public auction date, every workday from 09.00 to 14.00 hrs in the business premises of LUKA KOPER, d.d., at the address Vojkovo nabrežje 38, 6000 Koper, the Republic of Slovenia. Interested parties may inspect the Goods and arrange it with the Seller’s Representative Mr. Orjano Ban, Mr. Sandi Ostojič, Mr. Ivan Čandek (tel.: +386 (0) 56656221 or e-mail to: email@example.com). The Goods are located in the Free Trade Zone of the Port of Koper, the Republic of Slovenia, under the management of the Company LUKA KOPER, d.d.
It shall be deemed that the Bidders fully agree to the a.m. terms. Any other terms set by the Bidders shall be disregarded and invalid.
The text of a Contract of Sale is an integral part hereof. It shall be deemed that the Bidders fully agree to the wording of the Contract of Sale. Any changes to the Contract inserted by the Bidder shall be disregarded and invalid.
If this advertisement is translated into a foreign language, in case of any discrepancy between the translation and the original wording in Slovene language, the latter shall prevail as the only authentic text.
Any queries or issues on the public auction are governed the law of the Republic of Slovenia.
Any dispute shall be referred to and resolved by the competent Court in Koper.
Luka Koper, d.d.