Article 1
Bidding Rules is made by relevant laws, regulations and policies of our Country
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.
Article 3 All
legal personalities, natural persons and other organizations in and abroad PRC
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 announcement and other documents are formulated by the auctioneer.
Article 5 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.
Article 6 The
Seller shall take all the legal responsibilities and economic losses if he
provides with fake information.
Article 7 The
bidders couldn’t participate in the bidding activities until they register as
the buyers through the Shipbid system.
The 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 8
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 9 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 10 The
bidders apply on the Shipbid system by themselves, and pay the deposit either
on line or offline. Foreign bidders could also apply for bidding with the
Guarantee Letter of bank as the auctioneer required. 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) or the original Letter of Guarantee
delivered to the auctioneer (based on the arrival time of the Letter of
Guarantee to persons in charge) within the required time. The bidders shall not
be eligible for bidding if the deposit is delayed or not fully paid or the
Letter of Guarantee is not received on time.
Article 11 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 12 The
bidder shall make a cautious bid, and the offer will be irrevocable once
submitted.
Article 13 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 14
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 15 The
Buyer should confirm his qualification with the enterprise or individual valid
certification to the auctioneer within 3 working days after the bidding. After
verification and confirmation, the Buyer should sign the Purchase Confirmation.
If the Buyer's
qualification is not approved, the bidding result will be invalid, the deposit
would be confiscated, and the lot should be bid again. The Buyer should pay the
commissions for both parties due to his breach of the contract; Also, the
previous Buyer should pay the balance of price if the final purchase price is
lower than the first purchase one.
Article 16 The
payment of balance shall be remitted to the nominated account in time according
to the Purchase Confirmation.
Article 17 The
Buyer should sign the Sale and Purchase Agreement by the Purchase Confirmation
with the seller within the required time and make relevant transaction
procedures.
Article 18 The
auctioneer should publicize the bidding results through the Shipbid system
after the bidding.
Article 19
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 20 The
Buyer himself should register the lot and bear all relevant expenses occurred
according to the regulations and policies during the transaction procedures.
Article 21 The
bidding currency is RMB. Both the starting price and purchase price do not
include the expenses and taxes occurred during transaction procedures.
Article 22 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 23 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 24 The
auctioneer reserves the right to suspend or withdraw the bidding before it
starts according to the laws and regulations.
Article 25 The
auctioneer reserves the right to suspend or withdraw the bidding if force
majeure or accident has caused the online auction to fail.
Article 26
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.
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.