Fortenova grupa d.d., Zagreb, Marijana Čavića 1, OIB 88035992407 and its dependent and affiliated companies (hereinafter: Fortenova Group) publishes
Property Purchase Terms
I. Property description
A detailed description of the property on sale is provided with each individual advertisement.
Each property is sold on an „as – is“ basis.
Each property is exclusive ownership of the legal entity indicated in the land register extract and is free from any registered or non-registered encumbrances or any third party rights, which could exclude or restrict ownership rights of the Purchaser, save for encumbrances or third party rights indicated in the land register extract.
II. Submission of binding offers
In the period up to 20 December 2019 by 23:59 hours, any legal entities or natural persons meeting the requirements for submission of written tender offers referred to in Item III hereof may submit binding offers for purchase of a property pursuant to these Terms for Purchase of Property (hereinafter: Binding Offers).
III. Right to submit written tender offers
Right to submit a written tender offer for purchase of a property pertains to any natural person – citizen of the Republic of Croatia and citizens of EU member states, as well as legal entities registered in the Republic of Croatia or EU member states.
Other foreign legal entities or natural persons may submit written offers for purchase of properties provided that they meet the requirements defined by law for acquisition of ownership rights within the territory of the Republic of Croatia.
IV. Contents of Binding Offers
B. A Written Binding Offer shall include, and attached to it shall be:
i. name and surname of the natural person i.e. name of the legal entity, OIB (personal identification number) and a proof of residence i.e. registered seat of the offeror;
a) for domestic natural persons a copy of the valid identity card and for foreign natural persons a copy of the passport;
b) for domestic legal entities an excerpt from the court register and for foreign legal entities an excerpt from domicile register with certified translation into Croatian language by a certified court interpreter;
ii. property identification (property ID indicated for each advertisement and starting with a symbol “AGNE-___“) for which the tenderer submits a written tender offer;
iii. the offered amount of the purchase price in HRK (in figures and words) which should be higher than the initial purchase price which is indicated for each advertisement;
iv. proof of paid tender deposit;
v. IBAN for possible repayment of the tender deposit
vi. tenderer’s statement (no certification of signature on the relevant statement by the notary public is required) by which the tenderer undertakes, to the extent that his offer is accepted, to execute a Property Purchase Contract, at own expense, to bear costs of execution and perfection of the Property Purchase Contract in all public registers and to fully accept the Terms for Purchase of the Property and provisions of the Property Purchase Contract available on web page http://nekretnine.fortenovagrupa.hr;
vii. tenderer’s signature;
viii. list of documents enclosed with the tender offer
V. Delivery of tender offers
The tenderers shall deliver closed written tender offers to the address: FORTENOVA GRUPA d.d., Marijana Čavića 1, 10 000 Zagreb, indicating – „Tender Offer for Purchase of the Property – ID AGNE-____, Group Asset Management Division“
The date of delivery of the written tender offer to the address indicated for acceptance of tender offers, i.e. the date of posting the tender offer by registered mail at the post office shall be deemed the date of delivery to the offeror.
Incomplete and late tender offers shall not be considered.
Late tender offers shall be returned in sealed envelopes to the tenderer at the address indicated on the back of the envelope.
If the same person is interested to purchase two or more properties, the tender offer for each individual property shall be submitted in a single envelope with all required attachments.
If the same person submits several tender offers for the purchase of the same property, as valid tender offer shall be deemed the tender offer in which he offered the highest price.
VI. Purchase price
The initial purchase price is determined for each individual advertisement.
The successful tenderer shall fully pay the purchase price to the account of the seller within 8 days from the execution of the Property Purchase Contract.
The selected tenderer of a Binding Offer agrees to proceed, within 30 days from the receipt of a written notice from Fortenova Group that his offer for purchase of the property is accepted, with the execution of the Purchase Contract for the property for which he is selected.
VII. Tender deposit
The tenderers submitting Binding Offers shall pay a tender deposit in the amount of 10 % of the initial purchase price indicated for each advertisement in favour of the company which is the owner of the property.
Information for payment of the tender offer (name of the company, OIB (personal identification number) IBAN, bank name and etc.) is available on http://nekretnine.fortenovagrupa.hr, with the reference number being the ID number of the relevant property („AGNE-____“)
The purchase price to be paid by the selected tenderer shall be reduced by the amount of the tender deposit paid. To all other tenderers Fortenova Group, i.e. its controlled and affiliated companies, shall repay the tender deposits paid by the tenderers within 30 days from the decision on award of the contract, with the tenderer whose tender deposit is repaid being entitled to interests for the period from payment until repayment of the tender deposit.
If the selected tenderer fails to proceed with the execution of the Property Purchase Contract at the time scheduled for execution and does not excuse his absence, it shall be deemed that he withdrew from conclusion of the Property Purchase Contract awarded to him.
If the selected tenderer excuses his absence, a new period shall be set for the execution of the Property Purchase Contract which cannot be longer than 15 days.
If the above additional period set for the execution of the Property Purchase Contract expires with the selected tenderer failing to proceed with the execution of the Property Purchase Contract, it shall be deemed that he withdrew from the execution of the Property Purchase Contract awarded to him and the amount of the tender deposit shall not be repaid to him.
VIII. Contract award
The tenderer to whom the contract will be awarded, shall be informed about it in writing.
If two or more identical tender offers are received, the tenderers shall be invited to provide within three days from the receipt of the notice, in a sealed envelope, the amended tender offer, in order that a decision about the award of the contract can be passed.
The decision on award of the contract shall be provided to all tenderers.
IX. Execution of the Property Purchase Contract
The selected tenderer shall, within 30 days from the receipt of a written notice informing him about the award of the contract to him, proceed with the execution of the Property Purchase Contract.
Any taxes and imposts payable in accordance with the mandatory regulations of the Republic of Croatia with respect to the legal transaction in question shall be borne by the Selected Tenderer i.e. Purchaser of the property. The Selected Tenderer/Purchaser of the property shall also bear all notary public costs of certification of the Property Purchase Contract.
X. Other provisions
By submitting the tender offer the tenderer agrees that Fortenova Group and its controlled and affiliated companies may collect, use and process personal data of the tenderer for the purpose of the conduct of the tender procedure, in compliance with the personal data protection regulations and Fortenova Group’s Notice on Processing of Personal Data of suppliers and business partners available on Fortenova Group’s webpage.
Any inquiries regarding the properties on sale the tenderers may make by fulfilling the contact form available on http://nekretnine.fortenovagrupa.hr