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PROCEDURE FOR SALE/PURCHASE OF MOVABLE AND IMMOVABLE PROPERTY ADVERTIZED FOR SALE ON WWW.TAMPERS.EU PLATFORM BY OWNERS - 01-2014.
The TAMPERS.EU Platform – does not represent disclosure or different kind of provision or exchange of contact details for owners of movable or immovable property to potential buyers. The platform is entirely commercialized system controlled and managed by REMTECHSTROY GROUP Concern (hereinafter referred to as REM).
A prerequisite for the initial registration of BUYERS, SELLERS and OTHER CLIENTS is the initial verification of their status and submitted information.
- Buyers: verification of status of existence as а real legal entity – a company based in or outside Europe;
- Sellers: verification of status as evidence for the ownership on movable or immovable property subject of sale, published on the platform;
- Brokers-licensed clients – Buyers or Sellers of movable or immovable property;
- Partners of REM Group companies: assisting the REM parent company in establishing contacts between Buyers and Sellers against compensation in the agreed commission with Buyers and Sellers.
- Other Clients: such as investment funds, holding companies and banks financing investment projects or searching for project financing.
The TAMPERS.EU platform is a professional system incorporating over 100 000 verified companies: Sellers, Licensed brokers, Banks, Investment Funds or Owners- Sellers of movable or immovable property, owners of investment projects searching for partnership or financing, and investors providing financing. Access to the Platform is authorized, with compulsory initial registration and verification by REM Administrator. Gate access for publication of announcement is allowed to verified contractors only: existing legal entities – Owner Clients or REM partners.
Our Clients, such as BUYERS and SELLERS, are not granted access to contact details of owners of advertisements for movable or immovable property, published on the platform. Upon registration as platform client and after being granted the status of membership to a predetermined group of Clients, the client is granted access to contact details exclusively and only based on a sales contract agreed with REM Company in VERSION 01, VERSION 02, or against compensation in the form of preliminary fixed and agreed commission.
REMTECHSTROY GROUP does not operate with and does not process enquiries from non-registered brokers and individuals. Operations with partner Companies in respect of sales of movable and immovable property by owners published on the platform are processed based on contracts agreed with REM Partner and protected common commission rate only. In case of one REM Partner participation, commission is spread on 50 % / 50 % base. In case of participation of two REM Partners, commission is spread on 33 % / 33 % / 33 % base on the grounds of finalized sale and purchase contract between Buyer and Seller – registered Client on the www.tampers.eu platform.
BUYERS and BROKERS with the status of NON-VERIFIED BUYERS shall obligatory deposit purchase guarantee (performance bond or L/C) in Bank to name Rem Company, as provided for in item 6, or via depositing a guarantee in writing by the REM Partner – guarantor under the relevant Contract.
The WWW.TAMPERS.EU PLATFORM
PROCEDURE FOR SALE/PURCHASE OF MOVABLE AND IMMOVABLE PROPERTY ADVERTIZED FOR SALE ON WWW.TAMPERS.EU PLATFORM BY OWNERS - 01-2014:
/VALID FOR ALL REM REPRESENTATIVES, REM PARTNERS AND END BUYERS/
I. The BUYER RECEIVES 100 % guarantee for sale of movable or immovable property from verified Owners-Sellers!
II. THE BUYER RECEIVES 100 % guarantee for reimbursement of expenditures incurred for visual inspections, transport, expert’s appraisal or interpreter, for discrepancies in announced specification and/or state of movable or immovable property by the time of sale as stated by the time of sale by the Seller-Owner (Garant company REM)!
III. THE BUYER RECEIVES 100 % guarantee for reimbursement of provided guarantee /deposit in Bank/ for discrepancies in announced specification and/or state of movable or immovable property by the time of sale as stated by the time of sale by the Seller-Owner!
The official enquiry must be addressed to fax No.: +359-52-319990 or via e-mail: firstname.lastname@example.org, or retransmitted by REM Partner via fax or е-mail to REM Sales Department.
The enquiry must obligatory contain:
- Company letterhead;
- Product SKU code and quantity;
- Feedback contact details;
- Signature, name, surname, and position of authorized person;
- Company stamp /enquiry transmitted by fax or scanned/.
Remark (1.1): Enquiry from non-registered potential Client companies on www.tampers.eu platform is processed if submitted officially on company letterhead only, according to item 1;
Remark (1.2): Enquiries from physical persons or not containing comprehensive information as provided for in item 1, e.g. with no signature, stamp etc., will not be processed by REM Sales Department, and will be processed upon submitting in the form prescribed in item 1, or registration of originators as Clients on www.tampers.eu platform.
Remark (1.3): For enquiries related to demilitarized equipment, such as airplanes, helicopters, navigation vessels, submarines etc. equipment – commodity of dual purpose and/or upon the expressed instructions of the Seller, REM Sales Department may additionally request for initial verification of the Buyer, availability of license for trade with dual purpose commodities and different information. The request will be automatically blocked in the absence of a license or other information required by the Seller and/or in doubt of the status of Buyer or Broker and provided the latter does not represent military unit, ministry, licensed broker etc. Such enquiry will not be retransmitted to the Owner-Seller of demilitarized equipment, who has published his advertisement on www.tampers.eu platform.
2) The enquiry directly received from registered client company through www.tampers.eu platform /transmitted via CRM gate/, or as official enquiry from non-registered Client Company, will be processed by REM Sales Department in 2 - 5 days. Upon processing the Buyer will receive Official offer /Seller’s soft offer/ for purchase from REM Sales Department.
3) Upon receipt by the Buyer of Irrevocable Confirmed Purchase Order (ICPO) on the name of Mandatory of Seller/Seller, the former will receive from REM Sales Department Full Corporate Offer (FCO) and will be granted the statute of VIP Client.
Remark (3.1.) On purchase of equipment, business, real estate or different product of high value, or based on the expressed requirement of the Owner who has published the announcement for sale on the platform, the owner may request for verification of the financial status of the Buyer. In this case the Buyer will be advised and must send: Buyer by SWIFT (MT-799) sends Bank Comfort Letter (BCL), from the servicing Bank, guaranteeing the solvency of Buyer, addressed to the Seller and his Bank, by hyperlink of the issued ICPO;
VERSION 01: Direct contract between REM company and End Buyer for sale/purchase of equipment, business, real estate or other product – movable or immovable property of high declared value in Euro, e.g. REM r.w. machinery and equipment, second hand r.w. equipment, overhauled r.w. equipment etc. products:
Seller: REM Parent Company or REM subsidiary company;
Buyer: non-verified Company - End Buyer.
Applied is the PROCEDURE OF TRANSACTION. (According to the Viennese Convention from 1980)
VERSION 02: Establishment of direct contact between Seller-Owner and End Buyer for sale/purchase of equipment, business, real estate or other product – movable or immovable property, declared for sale by Owner-Seller on www.tampers.eu platform with Contract parties:
Seller: Verified Owner – according to the announcement published on www.tampers.eu platform;
Buyer: Verified or non-verified Company-End Buyer.
Broker - REM Commission Agent: REM Parent Company, REM Subsidiary Company, or REM Company Partner, establish jointly direct sale and purchase between the Seller and the Buyer against agreed common commission of the amount 5 – 10 % under agreed assignment contract with the Seller and agreed assignment contract with the Buyer.
4) The Buyer receives DRAFT contract, to sign with the Seller. The Buyer agrees, signs and sends back the DRAFT contract for approval to the Owner of the movable or immovable property, real estate, machinery, equipment or different product.
5) The Buyer receives DRAFT assignment contract with REM Company Commission Agent for agreement and signature.
6) The Buyer must transfer purchase guarantee (deposit or L/C or Bulgarian Bank - Escrow account), amounting to a percentage of contract value or fixed amount, to the account of REM company under the following terms and conditions for utilization and documents produced to the Bank:
А) Signed DRAFT contract pursuant to item 4, bearing Buyer’s signature;
B) Signed DRAFT /analog to Para. A above/ contract pursuant to item 4, bearing Seller’s signature;
D) Signed Protocol for visual inspection of the movable or immovable property effected in the presence of the Buyer. The protocol shall confirm the complete compliance of the movable or immovable property subject of sale and purchase, described in the form, specification and technical requirements in the contract under item 4.
6.1.) The location of the movable or immovable property shall be disclosed, Bulgarian Bank - Escrow account or L/C to the Buyer immediately upon the remittance of the guarantee for purchase /deposit transfer/ to the account of REM COMMISSION AGENT with Bank,
6.1.1.) Bank in respect of the arrangements for return or utilization of transferred purchase guarantee /deposit transfer/ by the Buyer pursuant to item 6. Bank according to the conditions in paragraph 6): gives access REM company /of beneficiary/ money to provide documents in paragraph 6 - A), B), C), or returns the sum by the Buyer;
6.2.) The protocol for visual inspection of the movable or immovable property subject of sale and purchase is to be signed by REM Expert /Representative/ and the Owner-Seller /or his authorized representative/ of the captioned property;
6.3.) In case of high value of the movable or immovable property, the Buyer may require for his account the presence of a third party – independent expert, approved in advance by REM and the Seller. The presence and the availability of signature of independent expert in the protocol for visual inspection of the movable or immovable property will confirm the conformity of the same and shall be deemed final and beyond appeal by the Buyer.
6.4.) In case the Buyer refuse to purchase the movable or immovable property in the existence of signed protocol pursuant to item 6.2 or 6.3 confirming full compliance of the product (sale items), Buyer will lose the purchase guarantee /deposit transfer or L/C / with Bank. The Bank shall arrange the utilization of the amount deposited or L/C by REM Commission Agent;
6.5.) In case the movable or immovable property fail to comply during the visual inspection with the specification and technical condition described in the contract, transferred purchased guarantee /remitted deposit/ will be automatically returned by the Bank to Buyer’s account;
6.5.1) In case the movable or immovable property fail to comply during the visual inspection with the specification and technical condition described in the contract under item 4, the Seller is obliged to pay based on the issued proforma invoice all business trip and transport expenditures incurred by the Buyer and REM Commission Agent. In this case, the amounts payable to the independent expert employed by the Buyer, will be borne by the Seller;
6.6.) Purchase guarantee /deposit transfer/ transferred by the Buyer, will be calculated and incorporated in REM Commission Agent’s fee from the percent of agreed commission under the assignment contract.
6.7.) Purchase guarantee /deposit transfer/ transferred by the Buyer shall cover all the expenditures incurred (business trips, charges and fees, translation services, legal advisor’s etc. expenses incurred by REM Parent Company, REM Subsidiary Companies or REM Company Partner) in connection with the arrangement of transaction for the effect and agreement of direct sale and purchase between Seller and Buyer;
6.8.) Purchase guarantee /deposit transfer/ shall not be paid by the Buyer in the following cases:
6.8.1.) The Buyer is a verified Buyer with one finalized transaction;
6.8.2.) The Buyer is a verified Buyer and longtime client of REM Company Partner and deposits written guarantee according to item 6.8.7;
6.8.3.) In case REM Commission Agent has agreed an exclusive contract with the Seller;
6.8.4.) In case the Seller has announced an auction sale of movable or immovable property in REM Auction House;
6.8.5.) In case the Buyer represents End client as recognized company from Europe: Germany, England or France;
6.8.6.) Client granted a VIP status – a client who has sent an I.C.P.O.
6.8.7.) With deposited written warranty by REM Partner-Guarantor under the contract, guaranteeing for the Buyer.
6.9. With deposited written warranty by REM Partner-Guarantor under the contract, guaranteeing for the Buyer and nonfulfillment of Buyer’s obligations under item 6.4. – The Guarantor under the contract is obliged to cover all the expenditures incurred, such as business trips, transport, translator’s, legal adviser’s or independent expert’s fees in favor of REM Parent Company, REM Partner and the Seller. The expenditures incurred by REM Parent Company and REM Partner, are payable straight away or calculated in the item Amount paid from payable commission for finalized transaction and payable remuneration in favor of REM Partner – Guarantor of transaction. Obligations in respect of expenditures incurred by the Seller-Owner shall be borne by REM Partner – Guarantor immediately.
6.10. In case the Buyer /or his authorized representative/ is not available on the date announced for visual inspection for biased reasons, the protocol under item 6.2 shall be signed by the expert hired by himself, and in absence of such, the protocol shall be witnessed by:
- signature of REM Expert /REM Representative or REM Partner/;
- signature of The Buyer-Owner /or his authorized representative/ of the movable or immovable property.
The Protocol shall be deemed final and beyond appeal.
6.11. In case the Buyer /or his authorized representative / is not available on the date announced for visual inspection for objective reasons, a new (final) date for visual inspection shall be agreed with the Buyer. Expenditures incurred for business trips, transport and translation services by the Expert /REM Representative or REM Partner/ and by the Buyer-Owner /or his authorized representative/ are payable straight away in two-days by the Buyer based on the issued proforma invoice.
6.11.1 In case the Buyer does not reimburse the expenditures incurred under item 6.11 in four days after sending the proforma invoice, the former shall automatically lose the right for arrangement of subsequent visual inspection and shall automatically lose the amount deposited as a guarantee, with this provision being final and beyond appeal.
6.11.2 In case the Buyer does not reimburse the expenditures incurred under item 6.11 in four days after sending the proforma invoice, and provided that the buyer does not guarantee the amount of deposit, all obligations in accordance with paragraph 6.11 shall be paid by the Guarantor - REM Partner.
7) Agreement and effect of real visual inspection of movable or immovable property by the Buyer in the presence of REM Expert /REM Representative and/or REM Partner/ and in the presence of Buyer-Owner /or his authorized Representative/;
8) Witnessing a protocol for visual inspection and compliance with the provisions of item 6.2 is made by:
- signature of REM Expert /REM Representative or REM Partner/;
- signature of Buyer-Owner /or his authorized Representative/ of the movable or immovable property;
- signature of a third Party: independent Expert, hired by the Buyer, agreed and approved by REM and Seller /if agreed with the Buyer/;
9) Witnessing a DRAFT contract by the Buyer in three originals – signed and stamped. Exchange of originals: one for the BUYER, one for the SELLER and one for REM COMMISSION AGENT;
10) Utilization of purchase guarantee /deposit transferred by the Buyer to the name of REM COMMISSION AGENT / under the instructions of Bank and upon submitting the documents listed under item 6.4. The deposit is to be calculated and incorporated in the commission payable.
11) Effect of bank transfer by the Buyer to Seller’s account as per agreed contract;
12) Receipt of bank transfer amount as per contract in Seller’s account;
13) Transfer and establishment of deed of ownership. In case of transfer of immovable property or transaction with movable property of high value, the transaction must be Notary Public signed and stamped, certifying the transfer of title to the Buyer and access of the Seller to the amount preliminary deposited by the Buyer in bank account.
14) Transfer of the remuneration payable (commission) by the Seller to REM Commission Agent in 5 /five/ days after finalization of transaction under item 12 or 13;
15) Transfer of the remuneration payable (commission) by REM Commission Agent to REM Partner or REM Partners in 2 days after receipt of remuneration under item 14 based on the invoice issued by REM Partner.
Regards: REMTECHSTROY GROUP