1.This
additional provision is a supplement to the bidding announcement and rules,
which has the same legal effect.
2.
Bidding Object
“CHANG RONG 8” (IMO No.: 8591615)
Type: Container Ship
PoR: Nanning, China
Surveyed by: (GZAR) Ship Inspection Bureau
LOA: 144.50m; Moulded Breadth: 21.50m; Depth: 10.50m;
13245t DWCC on 7.60m draft;
Max Capacity: 860TEU (10 Reefer plugs);
M/E: Shaanxi Diesel 6PC2-6EF, 2970Kw@500rpm, total 1set;
Built Time: October 30th, 2012;
Builder: Yuhuan Country Haihang Ship Building Co., Ltd;
The subject vessel has been exported with BareBoat C/P since June 30th,2022.
The description under BBC as follows:
“CHANG RONG 8” (IMO No.: 8591615)
Type: Container Ship;
Flag: Panama;
Class: OMCS;
Unrestricted Navigation;
GT/NT: 9753/4769;
DWT: 13925t.
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
inspection. 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. In principle, 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 terms in such public notice shall
prevail.
The Buyers shall sign the sales and purchases contract (MOA) with
the Sellers within Three (3) working days after signing Auction Confirmation
(no later than 3 working days prior to delivery date).
3.3
It’s acknowledged the account designated by the bidding company is the escrow
account for the Buyers and Sellers to hold and release the funds of the
Purchase Price without interests and the Escrow Agreement shall be signed
by the Buyers, the Sellers and the Bidding Company on the same day of signing
MOA.
The
bidding deposit paid by the Buyers shall be automatically converted to the
purchase deposit with the deduction of the bidding service fee after the MOA
and the Escrow Agreement signed.
The Sellers shall finish
deletion procedures within the prescribed period after physical delivery and
PODA and joint release letter signed. 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 Deletion Certificate from the
Sellers. 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 If the
domestic Buyers are determined to succeed, the Purchase Price shall be settled
in RMB with the middle exchange rate announced by the Bank of China on
the bidding day.
3.5 If the Buyers fail to sign the Auction Confirmation or
the Sales and Purchase Contract in Chinese (or the MOA in English) as
scheduled, the Sellers shall be entitled to confiscate all the
bidding deposit but without prejudice to the Sellers’ right to claim their
losses against the Buyers. The bidding company shall release the bidding
deposit with the deduction of bidding service fee to the Sellers.
3.6 And if the escrow account is failed to open due to the Buyers’
reasons, or the Buyers fail to pay the Purchase Deposit on time, the Sellers
shall have the right to cancel the MOA and the MOA shall be null and void. The
Sellers shall be entitled to confiscate all the bidding deposit 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 money (if any) to the escrow account, at least TWO (2)
working days prior to the Vessel’s expected delivery date. Any delay or failure
to pay fees mentioned above shall be deemed as a breach of the Bidding
Announcement and the MOA.
4.2 The
original owner (as the Sellers) should complete all the deletion procedures
relating to the Vessel within 15 working days after the original Protocol of
Delivery and Acceptance signed, dated and timed arrive at the Sellers.
Notice
of Readiness shall not be tendered before: January 26th, 2024
The
Latest Delivery Date: February 29th, 2024 (The Sellers shall not deliver the
Vessel from February 8th to February 26th, 2024).
If the
Delivery indeed has to be postponed due to voyages and other force majeure
factors, 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 on
an “as is where was” basis at the time of inspection (fair wear and tear
excepted) safely afloat at a safe and accessible berth or anchorage of a China
port at the Sellers’ option with class maintained and no comments or
recommendation issued by China MSA and Class. The Sellers shall send the delivery
notice with intended delivery time and place 10 days in advance.
The
Sellers are not responsible for any time and cost for Buyers’ taking delivery
of the Vessel which shall be for the Buyers’ account.
The
Buyers shall be deemed to accept the vessel’s condition if they did not inspect
the vessel within the prescribed inspection time. Once the bidders complete the
registration procedures and participates in the bidding, it shall be deemed to
have fully understood all the information of the subject matter of the bid,
including but not limited to all known and unknown defects related to the
vessel certificate, vessel condition, etc. The Buyers shall take over the
Vessel on an “as is where was” basis at the time of delivery and not raise
objections to the defects such as the quality of the bid target for any
reason.
If the domestic Buyes
succeed, the Sellers shall be responsible to discharge the BareBoat C/P and refresh
the domestic ship inspection certificate to the valid state before delivery of
the vessel.
If the abroad Buyers succeed, the
Sellers shall be responsible for exporting formalities after delivery and all
the costs related (if any) to be for the Sellers’ account.
4.5 Documents provided by the Sellers and the Buyers on
Closing shall be refer to MOA.
4.6
Three (3) attachments in total(Undertaking
for Bidding, Technical Report, draft MOA). 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 (the bidding
service fee will be immediately deducted from the bidding deposit after
successful bidding).
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 On
delivery, the Buyers and the Sellers shall take measurement of the remaining
bunkers and unused lubricating. The Buyers shall take over remaining unused
lubricating and hydraulic oils and grease in storage tanks and unopened drums
and pay:
(a) 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 4th business
day prior to the date of delivery.
The
Buyers shall take over the remaining bunkers at:
(b) the
last actual net price as evidenced by invoices or vouchers; or if not
available from the Sellers, the Platts Shanghai bunker price on the
4th business day prior to the delivery date shall be applied.
5.5 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 this Agreement. 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.
December 22nd, 2023