Supplementary Announcement
As entrusted by the transferor (the Seller), we have issued the KOTA LAKSAMANA 101 Bidding Announcement, Special Provisions and the related contents on May 14th, 2024.
At the request of the transferor (the Seller), we have adjusted the bidding time as follows:
The original bidding time, which was scheduled from 16:00 to 16:30 (Beijing time) on June 13th, 2024, has been rescheduled to 16:00 to 16:30 (Beijing time) on June 27th, 2024 and all the terms and clauses in the Announcement related to the original bidding time shall be updated to the new bidding time.
Apart from this adjustment, all other announced details remain unchanged. For clarification purposes, this announcement has been issued.
Zhejiang Shipping Exchange Co., Ltd.
Zhoushan Yi Ge Ship Auction Co. Ltd.
June 13th, 2024
Entrusted by the transferor (the Seller), we have decided
to hold a public bidding on www.shipbid.net from 16:00 to 16:30 (Beijing Time)
on 13th June 2024.
1. Bidding Object::
Name: KOTA LAKSAMANA 101
Type: Accommodation and Pipelay Barge
Class: RINA;
Flag: Malaysia
POR: PORT KELANG;
LOA: 137.25m; MLB: 37.82m ;MLD: 9.00m;
GRT: 19760; NRT: 5928;
Deadweight: 10918t;
Full Load: 21947t @4.5m Draft;
Light Ship: 11580t; @2.8m Draft;
Clear Deck Area: 1500m2
Deck Loading: 12.5t/m2
Accommodation: Total 296 men and
161cabins;
Main Generator: 3*1500kW;
Deck Generator: 1*1200kW;
Emergency Generator: 1*500kW;
Main Crane: PC300 Favelie Favco * 280T
rad 18.0 M at 75 Deg
Date of built: 1st September 2012
Shipyard: GRADE ONE MARINE SHIPYARD SDN
BHD - Selangor, Malaysia
All
the information and data refer to the Vessel provided in this Announcement,
Special Provisions as well as the attachments are for reference only. The bidding object is subject
to the status at the time of delivery(on as-is-where-is basis in its state and
condition)under English Law.
2. Bidding Rules:
2.1This
bidding will be held without a reserved price. If there is only one bidder participating
in the bidding, the potential Buyer of the Vessel will be confirmed
automatically after the bidding period; If there are two or more bidders
participating in the bidding, the potential Buyer of the Vessel will be carried
out by bidding. No one has the preemptive right to the transfer of Vessel.
2.2
The starting price is USD11.4million, and the bidding deposit is USD 0.22million
(or RMB1.5million). Bid increment is a multiple of USD0.02million.
2.3
The bidding time will enter into Extension Bidding Cycle from 16:25 on the
bidding date (Beijing Time) after the bidding officially starts. And the countdown
timer will be automatically refreshed to 5 minutes once a new bidding price
offered during the Extended Bidding Period.
2.4 The bidding deposit (after deducting the Buyer’s bidding
service fee) paid by the Buyer will automatically be converted as part of balance
purchase price under the MOA. The bidding deposits of the unsuccessful
bidders shall be returned within Two (2) banking days after the bidding without
interests.
2.5
If the overseas Buyer pay the deposit in CNY, the Buyer shall pay another USD 0.22
million separately to the bidding company’s designated US dollar account within
Three (3) banking days after the completion of the bidding. The bidding company
shall return the CNY deposit fully back to the Buyer within Two (2) banking 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) of the bidding date. 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 (please find the wording in the
Supplement)
● Bank slip of bidding deposit
4. Inspection of the Object:
Inspection is to be determined, please confirm with the
bidding company for details. Intended
bidders who have lodged the bidding deposit may inspect the Vessel within the stipulated
time. All the expenses, risks and responsibilities of the inspectors during the
process shall be borne by the potential bidders. The bidding company and the
Seller 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) USD Acct:
l Beneficiary: Zhejiang Shipping Exchange
Co., Ltd.
l Beneficiary Address: 6th Floor, Zhoushan
Bulk Commodity Exchange Center No. 555 Wengshan Road Lincheng, Zhoushan City,
Zhejing, P.R.China
l Account No. : 3420 0200 1142 0100 0321
30
l SWIFT (Beneficiary Bank): ZJCBCN2N
l Beneficiary Bank: China Zheshang Bank
l Beneficiary Bank Address: No.88,Lv Dao
Road, Dinghai Dist., Zhoushan City, Zhejiang Prov., P.R. China
l Remittance Reference: KOTA LAKSAMANA 101
(2) RMB Acct:
l Beneficiary: 浙江拍船网航运交易股份有限公司
l Account No.: 3420 0200 1012 0100
3787 39
l Beneficiary Bank: 浙商银行舟山分行
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.
May 14th, 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 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 bidding is completed, but the transaction is suspended or terminated, if there is a dispute between the buyer and the seller, the auction deposit shall be properly kept by Zhejiang Shipping Exchange until it is paid according to the settlement agreement between the two parties or the effective court judgment or the ruling of the arbitration institution.
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 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::
KOTA LAKSAMANA 101
Type of Vessel: Accommodation and Pipelay
Barge
Class: RINA;
Flag:
Malaysia
POR: PORT KELANG;
LOA: 137.25m; MLB: 37.82m ;MLD: 9.00m;
GRT: 19760; NRT: 5928;
Deadweight: 10918t;
Full Load: 21947t @4.5m Draft;
Light Ship: 11580t; @2.8m Draft;
Clear Deck Area: 1500m2
Deck Loading: 12.5t/m2
Accommodation: Total 296 men and 161cabins;
Main Generator: 3*1500kW;
Deck Generator: 1*1200kW;
Emergency Generator: 1*500kW;
Main Crane: PC300
Favelie Favco * 280T rad 18.0 M at 75 Deg
Date of built: 1st September 2012
Shipyard: GRADE ONE MARINE SHIPYARD SDN BHD
- Selangor, Malaysia
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(on an asis-where-is basis in its state and condition)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 Seller 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 Buyer
shall sign an Auction Confirmation with the Bidding Company on the same day
(the “Bidding Day”) by email or facsimile. The Buyer shall sign an original Auction
Confirmation with the Bidding Company within Two (2) banking 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 Seller. Within Five (5) banking days after the Bidding Day, the Buyer
and the Seller shall sign on this basis. No modification of the MOA will be
allowed, except filling with the necessary information (e.g. Buyer’s
information, Purchase Price, signing date, etc.), or others terms mutually
agreed between the Seller and the Buyer. 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 Seller and the Buyer shall prevail.
3.3 It’s acknowledged the account
designated by the bidding company is the transaction service account for the Buyer
and Seller 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 Buyer, the Seller and the Bidding Company.
The Buyer shall lodge a purchase deposit of
10% (ten per cent) of the Purchase Price into the transaction service account
within Three (3) banking days executing the MOA and the Transaction Service
Agreement.
The bidding deposit paid by the Buyer (after deducting the Buyer’s bidding
service fee) shall be automatically converted to part of the purchase under the MOA.
The Buyer 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) banking days prior to the Vessel’s expected delivery date (according to the
10- banking-day approximate delivery notice).
The bidding company shall release all the
funds paid by the Buyer to the
Seller’s nominated account no
later than Three (3) banking
days after receipt of the true copy of Protocol of Delivery and Acceptance and
the joint Release Letter signed both by the Seller and the Buyer. If the Buyer fails to take the Vessel Three (3) banking days after
Notice of Readiness tendered by the Seller, the funds shall be automatically
released by the bidding company to the Seller’ designated account.
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 Buyer is of a Chinese corporation or organization which pay
in CNY, he shall appoint an importing agent nominated by the bidding company to
manage all matters related to the importation of the Vessel (including but not
limited to exchange CNY into the equivalent amount of
USD and proceed with the payment thereafter to lodge into the transaction
service account), and the said import-related expenses
shall be borne by the Buyer.
3.5 If the Buyer fails 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 Seller shall be entitled to confiscate all the bidding deposit paid by Buyer
but without prejudice to the Seller’s right to claim their losses against the Buyer.
No later than Two (2) banking 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 Seller.
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 Buyer’s reasons, or the Buyer fail to pay the Purchase Deposit
on time as prescribed in the MOA, the Seller shall have the right to cancel the
MOA and be entitled to confiscate all the Purchase Deposit paid by Buyer but
without prejudice to the Seller’s right to claim their losses against the Buyer.
Zhejiang Shipping Exchange Co., Ltd. shall have the right to re-organize the
bidding activity for the object Vessel against the instructions of the Seller.
4. Transfer (Deletion) and Delivery of the
Vessel:
4.1 The Buyer shall remit the deposit, 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 Seller) should complete all the deletion
procedures relating to the Vessel within Ten (10) banking days after the Protocol of Delivery and Acceptance signed, dated
and timed.
The Earliest Delivery Date: 12th July 2024
The Latest Delivery Date: 31st July 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 Seller and the Buyer.
The Buyer shall sign and deliver the joint
Release Letter (or any letter equivalent thereto) and the Protocol of Delivery
and Acceptance (“PODA”) to the bidding company within three (3) banking days
from the date the Notice of Readiness tendered to the Buyer, failure of which,
the funds shall be automatically released by the bidding company to the Seller’
designated account (after the expiry of the 3-banking-day of the Notice of Readiness).
4.3 Delivery Place: The Vessel shall be
delivered and taken over safely afloat by the Buyer at a safe and accessible
berth or anchorage in Malaysia, at the Seller’s option. The Seller shall send
the delivery notice with intended delivery time and place Ten (10) banking days
in advance.
4.4 Delivery Condition: The Vessel shall be
delivered and taken on an “as is where is” basis in its state and condition on
condition at the time of delivery. The Vessel shall be delivered free of cargo
and free of stowaways.
4.5 Documents provided by the Seller and
the Buyer 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 Buyer shall pay the bidding company 1% of the Purchase
Price as bidding service fee which will be deduct from the bidding deposit on
the same day after the completion of the 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 Buyer.
5.3 The Seller 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 Buyer themselves.
5.4 The remaining fuel/lubricating
oils/hydraulic oils/grease is not included in this bidding. On delivery of the Vessel, the representatives of Buyer and the Seller shall take live
measurement of the remaining bunkers and unused
lubricating/hydraulic oils/grease which have been
purchased within 18 months.
The Buyer 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 Seller, the Platts Singapore bunker price on the Two (2) banking days prior to the delivery date
shall be applied.
The Buyer 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 the Seller in furnishing other supporting documents as proof, to
which the invoice shall be furnished by the Seller, should the Seller be unable
to furnish the invoices, then it shall not be calculated.
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 Seller’s risk and expense until she is delivered to the Buyer,
while the Vessel’s risk and expenses shall be for the Buyer’s 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 Buyer and Seller
shall prevail.
6. The announcement in Chinese and English
respectively, in the event of any discrepancies between the Chinese and English
versions, the English version shall prevail.
7. Matters not covered herein shall be
settled through negotiation by the bidding company, the Seller and the Buyer.
Zhejiang Shipping Exchange Co., Ltd.
Zhoushan Yi Ge Ship Auction Co. Ltd.
May 15th, 2024