Entrusted by the transferor (the Sellers), we have decided to hold a public bidding on www.shipbid.net from 16:00 to 16:30 (Beijing Time) on 15th May 2024.
1. Bidding Object:
Name: AGRI BRIGHT
IMO No.: 9663362
Type: Panamax
Flag: Marshall Islands
Class: CCS, next SS: Sep 2028
LOA: 225m / Breadth: 32.26m; Mould of Depth: 19.6m
GRT: 41541 / NRT: 25963
DWT at TS: 76431.53t @ Scantling draft 14.2m
7H/7H, Grain 91171.9m3
M/E: Wartsila 5RT-FLEX58T-D (Tier II)
M/E Maker: Hefei RONG AN Machinery Co., Ltd.
Rated Power: 8753kW@96.7rpm, total 1 set
BWTS: OceanGuard
Built: 30th Sep, 2013
Builder: Zhejiang Zhenghe Shipbuilding Co., Ltd
Note: The Vessel has been arranged for dock repair and changed the propeller in Yiu Lian Dock Yards (Zhoushan) Limited in March, 2024.
All the information and data refer to the Ship provided in this Announcement, Special Provisions as well as the attachments are for reference only.
2. Bidding Rules:
2.1 If there are less than three bidders participating in the bidding, this bidding shall be deemed failed upon the completion of the announcing period. If there are three or more bidders participating in the bidding, the Buyers of the Vessel will be carried out by auction. No one has the preemptive right to the transfer of the Vessel.
2.2 The starting price is USD17.0 million, and the bidding deposit is USD2.0 million (or RMB14.0 million). Bid increment is a multiple of USD 0.02 million.
2.3 The bidding time will enter into Extension Cycle since 16:25 on the bidding date (Beijing Time) after the bidding officially starts. And then the ending time will be refreshed to 5 minutes once each new bidding price offered.
2.4 The bidding deposits of the unsuccessful bidders shall be returned within 2 working days after the bidding without interests.
2.5 If the Buyers pay the deposit in US Dollars when apply for the bidding, the deposit shall be automatically converted as part of purchase deposit after the bidding. If the overseas Buyers pay the deposit in CNY, the Buyers shall pay another USD2.0million separately to the bidding company’s designated US dollar account within 3 working days after the completion of the bidding. The bidding company shall return the CNY deposit fully back to the Buyers within 2 working day after the receipt of the US deposit.
2.6 The time of this auction activity shall be subject to Beijing time (unless otherwise expressly stated).
3. Registration requirements:
3.1 Registration is available from the date of this Announcement and ends before the auction starts (subject to the receipt of bidding deposit, the completion of online registration and the receipt of the bid number plate obtained on the platform. It is recommended that bidders pay the deposit 2-3 days in advance in order to avoid any issues resulting in missing the auction). No registration will be accepted after the 16:00 (Beijing Time) on 15th May 2024. After successful registration, the bidders shall be deemed to have fully known, accepted and complied with the contents of this announcement, bidding rules, special provisions, attachments and relevant agreements.
3.2 Any corporation or organization in and outside the Peoples Republic of China with full capacity for civil conduct and legally existing may participate in this bidding.
The bidders shall not subject to or affected by any sanction, embargoes, freezing provisions, prohibitions or other restriction relating to trading, doing business, investment, exporting, financing or making assets available (or other activities similar to or connected with any of the foregoing) imposed by law or regulation of the United Nations, the People's Republic of China, United States of America and European Union against any state, natural or legal person, body or entity and are capable of making the payments in US Dollars as required under this Agreement(When registration for bidding, the bidders shall provide supporting documents as required by bidding company, and supply additional evidence after bidding as required by the Seller and bidding company).
3.3 The bidders shall submit the following documents for registration (including but not limited to):
(1) For domestic bidders:
● 营业执照扫描件(加盖公章)
● 法定代表人身份证扫描件(加盖公章)
● 经办人身份证扫描件及授权委托书(如有,需加盖公章)
●《参拍承诺书》(文本向我司领取)
● 竞拍保证金付款凭证
(2) For overseas bidders:
● Certificate of Incorporation
● Articles of Incorporation
● Copy of Director’s Passport
● Undertaking for Bidding
● Bank slip of bidding deposit
4. Inspection of the Object:
Inspection is to be determined, please confirm with the bidding company for details. Potential bidders can inspect the Vessel within the stipulated time. The risk and expenses in relation to the inspection shall be borne by the potential bidders. The bidding company and the Sellers shall only be responsible for coordination work. Potential bidders who fail to participate in the on-site inspection yet complete the registration procedure within the prescribed inspection time shall be deemed to have recognized and accepted the status quo and defects of the Vessel, including but not limited to all known and unknown defects related to the vessel certificates and the vessel condition, etc. Potential bidders shall not object to defects, such as the quality, of the Vessel for any reason.
5. Account of Bidding Company:
(1) RMB Acct:
● 户 名:浙江拍船网航运交易股份有限公司
● 账 号:3420 0200 1012 0100 3787 39
● 开户行:浙商银行舟山分行
(2)USD Acct:
● Beneficiary: Zhejiang Shipping Exchange Co., Ltd.
● Beneficiary Address: 6th Floor, Zhoushan Bulk Commodity Exchange Center No. 555 Wengshan Road Lincheng, Zhoushan City, Zhejing, P.R.China
● Account No. : 3420 0200 1142 0100 0321 30
● SWIFT (Beneficiary Bank): ZJCBCN2N
● Beneficiary Bank: China Zheshang Bank
● Beneficiary Bank Address: No.88,Lv Dao Road, Dinghai Dist., Zhoushan City, Zhejiang Prov., P.R. China
● Remittance Reference: AGRI BRIGHT
6. Contacts:
Ms. Wen: +86 18058087023/ 0580-2038333
Mr. Gao: +86 18058087033/ 0580-2038333
E-mail: auction@shipbid.net
Zhejiang Shipping Exchange Co., Ltd.
Zhoushan Yi Ge Ship Auction Co., Ltd.
April 26th, 2024
Article 1 Bidding Rules is made by relevant laws, regulations and policies of the People's Republic of China and with Shipbid practical situations, to standardize the bidding behaviors, maintain an open, fair and equal transaction order, and protect legitimate rights and interests for all the parties involved.
Article 2 The Transaction Rules of the ship bidding (hereafter to be referred as bidding) is suitable for standardizing all the online bidding behaviors. All the parties involved should abide by the Rules and bear legal responsibilities for their own behaviors.Disputes, if any, shall be settled by the parties through friendly negotiation. If the negotiation fails, parties concerned may file a lawsuit with the people's court where the auction organizer (Zhejiang Ship Exchange Market Co., Ltd) is located.
Article 3 All legal persons or organizations that exist legally can participate in the bidding only if they have the qualifications of the auction announcement except those provided by laws and regulations.
Article 4 The auction information including videos, pictures and written introductions offered by the Seller will be uploaded through the Shipbid system after verified by the auctioneer.
The Seller shall take all the legal responsibilities and economic losses if he provides with fake information.
Article 5 The bidders couldn’t participate in the bidding activities until they register as the buyers through the Shipbid system.
The username and passwords should be kept safely. If forgotten, bidders could retrieve through the Shipbid system. And if divulged, bidders should login in time to change the passwords.
Article 6 Before submitting the application for the bidding, the bidders should carefully read the auction announcement, ship’s information, transaction rules and other relevant documents, then login the Shipbid system to fill in true and effective information as required.
Article 7 The bidders should submit the applications in accordance with the auction announcement before the Shipbid starts.If legal personalities, natural persons and other organizations need joint-bidding, they should fill in related information and the proportion of capital contribution of each party as required and sign the Joint Bidding Statement.
Article 8 The bidders apply on the Shipbid system by themselves, and pay the deposit either on line or offline. One deposit is only for one lot. And if the bidders want to bid several ships at the same time, corresponding deposits are required.
The bidders are entitled to bid only if the deposit fully paid to the nominated account (based on the arrival time of the deposit )within the required time. The bidders shall not be eligible for bidding if the deposit is delayed or not fully paid on time.
Article 9 The bidding shall be conducted with time limit. Qualified bidders can participate in the bidding. The initial offer shall not be lower than the starting price and each offer shall be no less than the specified bid increment.
If it is an auction with reserve price, “YES” will be revealed in the system. Otherwise it will display “NULL”.
Article 10 The bidder shall make a cautious bid, and the offer will be irrevocable once submitted.
Article 11 The last limited time of the Shipbid is FIVE (5) minutes. If there is a new bid within 5 minutes countdown, another 5 minutes will be set.
No new offers would be accepted after the final countdown, and the bidding history will be revealed.
Article 12 Once there is/are (a) bidder offer(s) in the Shipbid, the target bidder (hereinafter called the Buyer) shall be confirmed in accordance with the following rules
(1) Where there is no reserve price, the highest bidder would be the Buyer.
(2)Where there is a reserve price, the bidder with the highest offer and not lower than the reserve price would be the Buyer; If the highest offer is lower than the reserve price, the bidding will be pass.
When the time for the bidding is over, the bidding system will be automatically closed.
Article 13 The Buyer should confirm his qualification with the enterprise or individual valid certification to the auctioneer within 2 working days after the bidding. After verification and confirmation, the Buyer should sign the Purchase Confirmation. If the buyer fails to sign the Auction Transaction Confirmation for reasons, the auction result shall not be affected.
If the buyer fails to pass the qualification due to submitting false registration materials, the bidding result is invalid or the buyer breaches the contract, he shall pay the bidding service fee of both the buyers and the sellers; If the price of the re-auction is lower than the transaction amount, the buyer must make up the difference.
Article 14 If the Buyers do not pay the balance of Purchase Price within the prescribed time or do not take the bidding object, the Sellers are entitled to bid again of which the original Buyers cannot partiticate. If the Buyers regret to bid after completion of the auction (including but not limited to failure to pay the balance Purchase Price 2 working days prior to delivery, or other circumstances the original Buyers express clearly ), the bidding deposit lodged shall not be refunded, and will be used to pay the cost loss caused by the first bidding, make up the difference between the re-bidding price and the first bidding price. If the deposit amount is insufficient cover the costs, the Sellers have the right to pursue recourse against the original Buyers.
Article 15 The payment of balance shall be remitted to the nominated account in time according to the Purchase Confirmation.
Article 16 The Buyer should sign the Sale and Purchase Contract by the Purchase Confirmation with the seller within the required time and make relevant transaction procedures.
Article 17 After paying the balance, the Buyer himself should handover the lot and manage the transaction procedures in time. If the Buyer fails to manage within required time, he himself should pay the costs caused by the delay and afford the consequences of possible damage or losses.
Article 18 The Buyer himself should register the lot and bear all relevant expenses occurred according to the regulations and policies during the transaction procedures.
Article 19 The bidding currency is USD. Both the starting price and purchase price do not include the expenses and taxes occurred during transaction procedures.
Article 20 If the bidder obstruct others to bid, manipulate or monopoly the bidding price, or make malicious collusion, the auction will be cancelled once above behaviors are found, and relevant legal responsibility will be borne by the bidder.
Article 21 If the bidder cannot normally login the Shipbid system to apply, offer or bid because of following reasons such as virus invasion, hardware failure, network congestion or passwords forgotten and divulge, etc., he himself should bear the consequences and the bidding will not be suspended.
Article 22 The auctioneer reserves the right to suspend or withdraw the bidding before it starts according to the laws and regulations.
Article 23 The auctioneer reserves the right to suspend or withdraw the bidding if force majeure or accident has caused the online auction to fail.
Article 24 The seller and the auctioneer shall not bear any responsibility for the abnormal service of the website or the interruption of the auction activity due to force majeure or any third party. After that, the auctioneer will issue a supplementary announcement and explain the reasons for the interruption. A new auction announcement will be issued 阿as soon as possible the website service returns to normal, and the online auction will be organized and completed according to the new auction announcement. The starting price and reserve price (if any) for re-organizing the bidding due to the above reasons shall be consistent with the original announcement.
Article 25 These rules are general rules for online auction transactions of ships. In case of any conflict with the announcement or agreement of a single item, the terms of a single item shall prevail.
Article 26 If the bidding announcement, additional provision, inspection report or technical status report of the subject object is described and publicized in Chinese and English (or other languages), in case of contradiction or inconsistency, The Chinese version shall prevail.
Article 27 If the person with the right of preemption participates in the bidding, he/she shall submit legal and effective certificates to the auctioneer before the auction begins. After the auctioneer confirms the qualification, he/she can obtain the right of preemption to participate in the bidding. If he/she fails to submit within the time limit, he/she shall be deemed to have given up the right of preemption of the subject matter.
Article 28 The time concerned in the bidding all depends on Shipbid system service time, except the deposit arriving time which depending on the bank recording time. All the time of information arriving is subject to the time when the information received by Shipbid.
Zhejiang Shipping Exchange Co., Ltd is responsible for the interpretation of the Rules
1. This additional provision is a supplement to the bidding announcement and rules, which has the same legal effect.
2. Bidding Object:
Name: AGRI BRIGHT
IMO No.: 9663362
Type: Panamax
Flag: Marshal Islands
Class: CCS, next SS: Sep 2028
LOA: 225m / Breadth: 32.26m; Mould of Depth: 19.6m
GRT: 41541 / NRT: 25963
DWT at TS: 76431.53t @ Scantling draft 14.2m
7H/7H, Grain 91171.9m3
M/E: Wartsila 5RT-FLEX58T-D (Tier II)
M/E Maker: Hefei RONG AN Machinery Co., Ltd.
Rated Power: 8753kW@96.7rpm, total 1 set
BWTS: OceanGuard
Built: 30th Sep, 2013
Builder: Zhejiang Zhenghe Shipbuilding Co., Ltd
All the information and data provided in the Bidding Announcement, Special Provision, Technical Report as well as any other channel related to the Vessel are for reference only. The bidding object is subject to the status at the time of delivery(as is where is)under English Law. If there is any discrepancy between the actual situation and the information and data above shall not affect the bidding and bidding price. Once the bidding is concluded, the Sellers and us shall not assume take any liability for defects or quality problems of the bidding vessel.
3. After Bidding:
3.1 After a successful bidding, the Buyers shall sign an Auction Confirmation with the Bidding Company on the same day (the “Bidding Day”) by email or facsimile. The Buyers shall sign an original Auction Confirmation with the Bidding Company within Two (2) working days of the Bidding Day.
3.2 The sales and purchases contract (MOA) shall be signed as attached, which forms part of Bidding Announcement and has the same effect as the terms in Bidding Announcement. The Bidders who applied for the auction shall be deemed to accept the full terms of the attached MOA drafted by the Sellers. Within Three (3) working days after the Bidding Day, the Buyers and the Seller shall sign on this basis. No modification of the MOA will be allowed, except filling with the necessary information (e.g. Buyers' information, Purchase Price, signing date, etc.), or others terms mutually agreed between the Sellers and the Buyers. In the event of any conflict or ambiguity between MOA and this public auction regulations (including the bidding Announcement, bidding rules, special provision, etc), the MOA signed both by the Sellers and the Buyers shall prevail.
3.3 It’s acknowledged the account designated by the bidding company is the transaction service account for the Buyers and Sellers to hold and release the funds of the Purchase Price without interests and the Transaction Service Agreement shall be signed on the same day of signing MOA by the Buyers, the Sellers and the Bidding Company.
US$2,000,000.00 as the bidding deposit paid by the Buyers shall be automatically converted to the purchase deposit under the MOA after the MOA signed. If the bidding deposit is less than 10% of the purchase price, the Buyers shall lodge the balance amount of the purchase deposit to the account designated by the bidding company no later than Two (2) working days after the MOA signed.
The Buyers shall lodge the balance Purchase Price, estimated ROB charges and other delivery monies (if any) as prescribed in the MOA and the Transaction Service Agreement no later than Two (2) working days before delivery.
The bidding company shall release all the funds paid by the Buyers to the Sellers’ nominated account no later than Three (3) working days after receipt of the true copy of Protocol of Delivery and Acceptance and the joint Release Letter signed both by the Sellers and the Buyers.
The bidding company does not charge any additional fees for the fund custody services related to this project, and all the custody funds are free of interest.
3.4 The Purchase Price shall be settled in US Dollars. If the Buyers are of a domestic enterprise, they shall entrust the import agent nominated by the bidding company and be responsible for importing matters (including but not limited to exchange money, payment, etc), and the import-related expenses shall be borne by the Buyers. The port disbursement occurred before delivery (if any) to be for the Sellers’ account, while that occurred after delivery to be for the Buyers’ account.
3.5 If the Buyers fail to sign the Auction Confirmation or the MOA or fail to pay the bidding deposit denominated in US dollars in full and on time (if the bidding deposit paid in RMB) as scheduled, the Sellers shall be entitled to confiscate all the bidding deposit paid by Buyers but without prejudice to the Sellers’ right to claim their losses against the Buyers. No later than Two (2) working days after breaching the bidding rules (such as not signing Auction Confirmation / the MOA on schedule or fail to pay the bidding deposit denominated in US dollars in full and on time (if the bidding deposit paid in RMB), the bidding company shall release the bidding deposit with deducting 1% of the Purchase Price as the bidding service fee to the Sellers.
3.6 If, after the signing of the MOA and the Transaction Service Agreement, the transaction service account is failed to open due to the Buyers’ reasons, or the Buyers fail to pay the Purchase Deposit on time as prescribed in the MOA, the Sellers shall have the right to cancel the MOA and be entitled to confiscate all the Purchase Deposit paid by Buyers but without prejudice to the Sellers’ right to claim their losses against the Buyers. Zhejiang Shipping Exchange Co., Ltd. shall have the right to re-organize the bidding activity for the object Vessel against the instructions of the Sellers.
4. Transfer (Deletion) and Delivery of the Vessel:
4.1 The Buyers shall remit the balance of the Purchase Price, estimated ROB charge and other delivery monies (if any) to the transaction service account according to the MOA.
4.2 The original owner (as the Sellers) should complete all the deletion procedures relating to the Vessel within Ten (10) working days after the Protocol of Delivery and Acceptance signed, dated and timed.
The Earliest Delivery Date: 17th May, 2024
The Latest Delivery Date: 31st May, 2024
If the Delivery indeed has to be postponed due to force majeure factors or emergencies, a new Latest Delivery Date should be mutually agreed by the Sellers and the Buyers.
4.3 Delivery Place: The Vessel shall be delivered and taken over by the Buyers at a safe and accessible berth or anchorage of Singapore-Japan range (including coastal ports of South Korea and China), at the Sellers’ option. The Sellers shall send the delivery notice with intended delivery time and place Three (3) days in advance.
4.4 Condition: The Vessel shall be delivered and taken over by the Buyers on an “as is where is” basis at the time of delivery.
4.5 Three (3) attachments in total. Please download and check the details.
5. Related Expenses:
5.1 Bidding service fee: After the successful bidding, the Buyers shall pay the bidding company 1% of the Purchase Price as bidding service fee within Two (2) working days after the Bidding Day.
5.2 The bank charges related to the bidding deposit shall be borne by the bidders; and the bank charges related to the Purchase Price shall be borne by the Buyers.
5.3 The Sellers shall provide with commercial invoices of the Purchase Price, the bunkers and other delivery monies (if any). All the taxes, expenses and costs incurred after the vessel delivery shall be borne by the Buyers themselves.
5.4 The remaining fuel/lubricating oils/hydraulic oils/grease is not included in this bidding. On delivery, the Buyers and the Sellers shall take measurement of the remaining bunkers and unused lubricating/hydraulic oils/grease. The actual charges shall be settled according to the actual measured amount on the day of delivery, and any excess payment shall be refunded and deficiency shall be repaid.
The Buyers shall take over the remaining bunkers at:
(a) The last actual net price as evidenced by invoices or vouchers; or if not available from the Sellers, the Platts Singapore bunker price on the Three (3) working days prior to the delivery date shall be applied.
The Buyers shall take over remaining unused lubricating and hydraulic oils and grease in storage tanks and unopened drums and pay:
(b) The last actual net price (excluding barging expenses) as evidenced by invoices or vouchers; or if such invoices or vouchers not available, the Sellers provide the marketing price published by the makers on the Three (3) working day prior to the date of delivery.
5.5 Please find the list of the items excluded from the sale or owned by third parties in the draft MOA.
5.6 The Vessel with everything belonging to her shall be at the Sellers' risk and expense until she is delivered to the Buyers, while the Vessel’s risk and expenses shall be for the Buyers’ account after signing Protocol of Delivery and Acceptance under MOA. If there are other agreements in the MOA, the agreement in the MOA signed by the Buyers and Sellers shall prevail.
6. The announcement in Chinese and English respectively, in the event of any discrepancies between the Chinese and English versions, the Chinese version shall prevail.
7. Matters not covered herein shall be settled through negotiation by the bidding company, the Sellers and the Buyers.
Zhejiang Shipping Exchange Co., Ltd.
Zhoushan Yi Ge Ship Auction Co., Ltd.
April 26th, 2024