Entrusted by the transferor (the Sellers), we have scheduled
to hold an online public bidding on www.shipbid.net from 14:00 to 14:30
(Beijing Time) on November 30th, 2022.
1. Bidding Object:
MV “DE XING HAI”, Bulk Carrier; Flag: China; Class: CCS; LOA:185.84m;
MLB: 30.40m; MLD: 16.20m; GRT: 25891; NRT: 14498;Light Displacement: 8015t; DWCC: 43665t on
11.3m Draft; M/E: 6L60MCE*1 set, 6050kW@95rpm; Built Time: January 19th,
1990; Builder: Tsuneishi Shipbuilding Co., Ltd (Japan).
(Data and relevant information provided in this announcement
are for reference only)
2. Bidding Rules:
2.1 The bidding will be held with a reserved price. If there
are less than two bidders participating in the bidding, the auction will be
deemed as invalid after the expiration of the announcement period. If
there are two or more bidders participating in the bidding, the potential
transfer of the Ship will be carried out by auction. No one has the preemptive
right to the transfer of Vessel.
2.2 The starting price is RMB 20.8 million, and the bidding
deposit is RMB 3 million (or USD 0.5million). Bid Increment: a multiple of RMB
0.02 million.
3. Registration Requirements:
Registration is available from the date of this Announcement
and ends on November 30th, 2022 (Beijing Time) before the auction starts
(subject to the receipt of bidding deposit, the completion of online
registration on the platform and the receipt of the bidding number. It is
recommended that bidders pay the deposit 1-2 days in advance in order to avoid
any issues). No registration will be accepted after the deadline. The time of
this auction activity shall be subject to Beijing time. This auction accepts
the natural persons with full civil capacity in China and corporation or
organization legally existing in and outside the People’s Republic of China to
participate in the auction.
4. Date and Place for Inspection of the Ship:
Inspection time is to be determined. The risk and expenses in
relation to the inspection shall be borne by the potential bidders. 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 Ship.
5. Account of Bidding Company:
5.1 CNY Acct:
lBeneficiary: 浙江船舶交易市场有限公司
lAccount No.: 3309040160000036844
lBeneficiary Bank: 杭州银行舟山分行
5.2 USD Acct:
lBeneficiary:
Zhejiang Shipping Exchange Market Co., Ltd.
lBeneficiary Address: 6th Floor, Zhoushan Bulk Commodity
Exchange Center, No.555 Wengshan Rd, Lincheng Zhoushan Zhejiang Province,
P.R.China
lAccount No. : 3309040160000036851
lSWIFT (Beneficiary Bank): HZCBCN2HZSB
lBeneficiary Bank: Bank of Hangzhou Co., Ltd, Zhoushan Branch
lBeneficiary Bank Address: No.619, Dingshen Road, Ganghang
Building B Zone, Zhoushan City, Zhejiang Prov. P.R. China
lRemittance Reference: DE XING HAI
6. Contacts:
Mr. Zhou: +86-18058087036 / +86 580-2038333
Ms.Ye: +86 580-2027516
Zhejiang Shipping Exchange Market Co., Ltd.
Zhoushan Yi Ge Ship Auction Co., Ltd.
November 22nd, 2022
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 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 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 Market 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 CNY. 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 until the website service returns to normal, and the online auction will be organized and completed according to the new auction 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 Market 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:
MV “DE XING HAI”, Bulk Carrier; Flag: China; Class: CCS; LOA:185.84m;
MLB: 30.40m; MLD: 16.20m; GRT: 25891; NRT: 14498;Light Displacement: 8015t; DWCC: 43665t on
11.3m Draft; M/E: 6L60MCE*1set, 6050kW@95rpm; Built Time: January 19th,
1990; Builder: Tsuneishi Shipbuilding Co., Ltd (Japan).
(Data and relevant information provided in this announcement
are for reference only)
3. After Bidding:
3.1 Following a successful bidding, the Buyers shall send an
Auction Confirmation to the Bidding Company on the same day (the “Bidding Day”)
at the email address or facsimile number. The Buyers shall sign an original
Auction Confirmation with the Bidding Company within two (2) Banking Days of
the Bidding Day and sign the MOA with the Sellers within five (5) Banking Days
after bidding.
3.2 The bidding deposits of the unsuccessful
bidders shall be returned within two (2) banking days after the bidding without
interests.
4. Transfer (Deletion) and Delivery of the Ship:
4.1 The Buyers shall pay all the bidding service fee not
later than 16:00 December 2nd, 2022 (Beijing Time), and remit the balance
of the purchase price, estimated ROB charge and other payables (if any) to the
escrow account designated by the Bidding Company two (2) banking 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. (The
bidding deposit paid by the Buyers shall be automatically converted in to part
of the purchase deposit)
4.2 The Sellers (as the original ship owner) should complete
all the deletion procedures relating to the ship within ten (10) working days
after signing PODA.
Notice of Readiness shall not be tendered
before: December 10th, 2022;
Cancelling Date: December 31st, 2022.
If the Delivery indeed to be extended due to the influence of
Novel Coronavirus Pneumonia or other factors, the new Cancelling Date can be
fixed when a mutual consent reached between the Sellers and the Buyers.
4.3 Delivery Place: The ship shall be delivered and taken on
an “as is where is” basis, as she is and where she is at the time that the
Buyers take delivery at one safe port or anchorage of Guangdong,Fujian,Zhejiang
or ports along Yangze River in the Sellers’ option. The Sellers are not
responsible for any time and cost for Buyers to take delivery of the Ship which
shall be for the Buyers’ account.
Once the bidders complete the online registration and
participate in the auction, shall be deemed to have recognized and accepted the
status quo and defects of the Ship, including but not limited to all known and
unknown defects related to the ship certificates and the ship condition, etc.
The bidders shall not object to any defects, such as the quality, of
the Ship for any reason. The Buyers shall be deemed to have
confirmed to accept the ship’s condition if they did not inspect the
ship.
4.4 After the bidding, if the Buyers wants to export the
vessel, the export agency company designated by Zhejiang Shipping Exchange
Market Co., Ltd. will be entrusted to handle the export formality and
sign the entrustment agreement.
5. Related expenses:
5.1 Bidding service fee: After the bidding, the Buyers shall
pay the bidding company 1% of the purchase price as bidding service fee.
5.2 The Sellers would provide with commercial invoice of the
purchase price and ROB charge. All the taxes, expenses and costs incurred after
the ship delivery shall be borne by the Buyers themselves.
5.3 On delivery, the Buyers and the Sellers shall
take measurement of the remaining bunkers and unused lubricating oils. The
Buyers shall take over remaining bunkers and unused lubricating and hydraulic
oils and grease in storage tanks and unopened drums and pay with the actual net
price (exclude barging expenses) as evidenced by invoices or vouchers; or if
the invoices or vouchers are not available, the Platts Sinopec
price on the delivery place on the two (2) business days prior
to the date of delivery to be applied.
5.4 The Ship with everything belonging to her shall be at the
Sellers' risk and expense until she is delivered to the Buyers, while the
Ship’s risk and expenses shall be for the Buyers’ account after the delivery of
the vessel under this Agreement.
6. Matters not covered herein shall be settled through
negotiation by the bidding company, the Sellers and the Buyers.
Zhejiang Shipping Exchange Market Co., Ltd.
Zhoushan Yi Ge Ship Auction Co., Ltd.
November 22nd, 2022