1. This additional provision is a supplement to the bidding announcement and rules, which has the same legal effect.
2. Bidding Object:
"HUA SHUN";
Type: AHTS;
IMO: 8407577;
Flag: Liberia;
Class: DNV;
Class Notation:
1A1 supply vessel Tug E0 SF;
Trading Area: Unrestricted;
LOA: 65.00m; MLB: 14.50m; MLD: 7.40m;
GT/NT: 1558/467;
LDT: 1492.5t;
DWT: 2000t @ 6.32m draft;
M/E: Wartsila Vasa Diesel, 4590BHP x 2 sets;
A/E: CAT 340-6 x 2 sets;
Shaft Generator: MPM 500-21 x 2 sets;
Emergency Generator: ULSTEIN 90 TV-A x 1 set;
Propeller: CPP Propellers;
Bollard Pull: 102.4 Tons;
Tow Line: 1000m x 64mm;
Year Built: June 12th, 1985;
Builder: Serkoder Mek, Verstad A/S.
All the information and data provided in the Bidding Announcement, Special Provision as well as any other channel related to the Vessel is for reference only. The condition of the bidding object is subject to that at the time of delivery (on an as-is-where-is basis in its state and condition). 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 successful bidder/buyer (the”Buyer”) must confirm the purchase price of the Vessel by signing an send an Auction Confirmation to the Bidding Company by email to the following address [auction@shipbid.net] on the same day. The Buyers shall sign Four (4) originals Auction Confirmation with the Bidding Company within TWO (2) Working Days of the Bidding Day.
3.2 The Buyers shall sign MOA with the Sellers within Seven (7) Working Days after completion of biding.
The terms and conditions of the sale and purchase of the Vessel has been amended basis on the Norwegian Shipbrokers' Association's version of SALEFORM 2012 attached as an annex (the“MOA”), as a part of Bidding Announcement, which has the same effect as the terms in Bidding Announcement.
Upon successful registration for the purposes of participating in the bidding (as evidenced by obtaining a bidding number plate) as described in the Bidding Announcement, the bidder shall be deemed to have confirmed and accepted all the terms and conditions of the Bidding Announcement, this Special Provisions and the MOA (collectively, the“Sale Documents”) and be bound by and accepts all the terms and conditions contained therein and herein.
3.3 After the bidding is completed, the buyer shall ensure that the bidding registrant, the MOA signing body, the paying party and the final ownership registrant are all the same company body. After the auction is completed, the buyer has the right to designate another legally surviving company as the final buyer's company body and specify the specific company information within (10) working days (the late date is regarded as an automatic waiver) and must sign a Nomination Letter with the transferor, and the buyer (i.e., the company body of the registrant) shall continue to fulfil the contractual obligations as the sole payer of the transaction, and the designated new company shall take over the vessel and register the right holders. Company as the receiver of the vessel and the registered right holder. The ultimate buyer company body shall be a wholly-owned subsidiary of the buyer company or be 100% identical to the buyer company's shareholding. At the same time, the ultimate buyer company must ensure that it is not involved in China, UN, EU and US sanctions.
3.4 No modification of 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 Seller 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.), this MOA signed both by the Sellers and the Buyers shall prevail.
3.5 It’s acknowledged the Transaction Service account designated by the Zhejiang Shipping Exchange Co., Ltd.(ZSE) for the Buyers and the Sellers to hold and release the funds of the Purchase Price without interests and the Transaction Service Agreement (TSA) shall be signed by the Buyers, the Sellers and transaction service agent at the same day of signing the MOA.
3.6 The bidding deposit paid by the Buyers shall be automatically converted to the purchase deposit after signing the MOA and the TSA.
The Buyers shall pay the balance of the purchase price, the estimated remaining oils charges and other delivery fees (if any) to the escrow account no later than Three (3) banking days before delivery of the Vessel.
3.7 After the Seller and the Buyer have completed the formalities relating to the handover of the Vessel, the transaction service agent shall, in accordance with the MOA and the TSA remit to the designated account of the Transferor all the Transaction Price paid by the Buyer and other amounts payable (if any) received by the escrow account by bank transfer/telegraphic transfer within THREE(3) working days upon receipt of the original or scanned copy of the PODA. to the Seller's designated account by bank transfer/telegraphic transfer within THREE(3) working days.
The excess amount paid by the Buyer shall be returned to the Buyer by the third party ship transaction service agent in the same way within THREE(3) working days after the completion of the handover of the Vessel (subject to the PODA signed by the Seller and the Buyer) and the receipt of the payment instruction signed by the Buyer.
3.8 The bidding deposits of the unsuccessful bidders shall be returned within Two (2) Working Days after the bidding without interests.
3.9 If the Buyers fail to sign the MOA or Related Agreements, the Sellers shall be entitled to confiscate all the bidding deposit paid by the Buyers but without prejudice to the Sellers' right to claim their losses against the Buyers.
If, after the signing of the Sales and Purchase Agreement and the TSA, the transaction service account is failed to open due to the Buyers' reasons, or the Buyers fail to pay the balance of Purchase Price on time as prescribed in the Sales and Purchase Agreement, the Sellers shall have the right to cancel the Sales and Purchase Agreement 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.
3.11 If the Buyers' breach of contract as mentioned above leads to the cancellation of the transaction, The bidding company shall release the bidding deposit with the deduction of bidding service fee to the Sellers no later than Two (2) Banking days after the Buyers breaching the bidding rules (such as not signing Auction Confirmation/Sales and Purchase Agreement/Transaction Service Agreement and so on). 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 Ship:
4.1 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 arrive at the Sellers.
The Earliest Delivery Date: December 30th, 2024
The Latest Delivery Date: January 15th, 2025
The delivery period above shall be extended accordingly if the announcement period is extended.
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.The provisions of the MOA shall prevail.
4.2 Place of Delivery: The Vessel shall be delivered and taken over by the Buyers at a safe port in the range of Hong Kong at the Sellers’ option. The Sellers shall send Ten (10) days’ notice with intended delivery time and place in advance.
The Sellers are not responsible for any time and cost for the Buyers to take delivery of the Ship which shall be for the Buyers’ account.
4.3 The Buyers shall take the vessel “as is where is” at the time of delivery. The Buyers shall be deemed to confirm and accept the ship’s condition if they did not inspect the ship at the nominated time within the prescribed inspection time. The Sellers undertake to deliver the Vessel with her class maintained without condition/recommendation issued by the flag state/ port authorities affecting the Vessel’s class.
4.5 Three (3) attachments in total (Undertaking for Bidding, draft MOA,List of items). Please download and check the details.
5. Related expenses:
5.1 Bidding service fee: The Buyers shall pay the bidding company 1% of the purchase price as the bidding service fee within Two (2) Banking Days of 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 the commercial invoices of the purchase price, the ROB charge and other payable (if any).Any taxes and fees incurred in connection with the purchase of the vessel and its registration in the flag state designated by the buyer shall be borne by the buyer; likewise, all handling fees, transaction verification fees (if required), etc., in connection with the sale of the vessel and its cancellation of registration by the seller shall be borne by the seller.
5.4 The remaining fuel/lubricating oils/hydraulic oils/grease is not included in this bidding. On delivery, the representatives both from the Buyers and the Seller shall take measurement of the remaining bunkers and unused lubricating/hydraulic oils/grease.
The Buyers shall take over the remaining bunkers at:
(a) The last actual net price (excluding taxes & barging expenses) as evidenced by invoices or vouchers; or if such invoices or vouchers not available, the newest price Platts Singapore published on the Three (3) working day 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 taxes & barging expenses) as evidenced by invoices or vouchers; or if such invoices or vouchers not available, the marketing price published by the makers on the Three (3) working day prior to the date of delivery date shall be applied.
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.
5.5 The items on board which on hire or owned by third party, are excluded from the sale without compensation: Attachments.
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 Sales and Purchase Agreement.
5.7 Other Information:The vessel is currently being imported under charter and the seller undertakes to complete the re-export formalities prior to delivery.
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.
December 03rd, 2024