1. This additional provision is a supplement to the bidding announcement and rules, which has the same legal effect.
2. Bidding Object:
MV“DAYANG ORIENT”
IMO: 9491252;
Type: Bulker;
Class: BV;
Flag: Liberia; PoR: Monrovia;
LOA: 189.99m; MLB: 32.26m; MLD: 18.00m;
56830DWT on 12.80m draft;
GRT:33044; NRT:19231;
5H/5H; Grain Capacity: 71,634.09m3;
M/E: DOOSAN MAN B&W 6S50MC-C*1 set, 9480kW@127rpm;
Generators: DAIHATSU 5DK-20*3 sets, 660kW@900rpm (Fabricated by Anqing CSSC Diesel Engine Co. Ltd);
Cranes: 4 sets 28mx30t, with grab;
BWTS: fitted (Manufacturer: Weihai COSCO Shipping Heavy Industry Science and Technology Co., Ltd.);
Built Time: September 15th, 2011;
Builder: Jiangdong Shipyard of China Changjiang Shipping Group;
(All the information and data refer to the Ship provided in this Announcement, Special Provisions as well as the attachments are for reference only.)
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(as is where is)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 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, 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 Sellers. Within 5 working days after the Bidding Day, the Buyers and the Seller shall sign on this basis. 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 MOA signed both by the Sellers and the Buyers shall prevail.
3.3 It’s acknowledged the account designated by the bidding company is the transaction service account for the Buyers and Sellers to hold and release the funds of the Purchase Price without interests and the Transaction Service Agreement can be signed on the same day of signing MOA by the Buyers, the Sellers and the Bidding Company.
The bidding deposit paid by the Buyers shall be automatically converted to part of the purchase deposit under the MOA after the MOA signed.
The bidding company shall unconditionally release full USD purchase deposit under the MOA paid by the Buyers to the Sellers’ nominated account no later than Five (5) working days after the MOA signed both by the Sellers and the Buyers.
The Buyers 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 (if any).
The bidding company shall release all the funds(except the purchase deposit) paid by the Buyers to the Sellers’ nominated account no later than Three (3) working days after receipt of the true copy of Protocol of Delivery and Acceptance and the joint Release Letter signed both by the Sellers and the Buyers.
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 Buyers fail 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 Sellers shall be entitled to confiscate all the bidding deposit paid by Buyers but without prejudice to the Sellers’ right to claim their losses against the Buyers. No later than Two (2) working 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 Sellers.
3.5 If , after the signing of the MOA and the Transaction Service Agreement (if any), the transaction service account is failed to open due to the Buyers’ reasons, or the Buyers fail to pay the Purchase Deposit on time as prescribed in the MOA, the Sellers shall have the right to cancel the MOA 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. 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 monies (if any) to the transaction service account according to the MOA.
4.2 The original owner (as the Sellers) should complete all the deletion procedures relating to the Vessel within Ten (10) working days after the original Protocol of Delivery and Acceptance signed, dated and timed arrive at the Sellers.
The Earliest Delivery Date: 30th April, 2024
The Latest Delivery Date: 15th July, 2024
If the Delivery indeed has to be postponed due to present voyage 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 at a safe and accessible berth or anchorage of Singapore-Japan range, at the Sellers’ option. The Sellers shall send the delivery notice with intended delivery time and place 15 days in advance.
4.4 Condition: The Vessel shall be delivered and taken over by the Buyers on an “as is where is” basis at the time of delivery under English Law.
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 within Two (2) working days after 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 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 The remaining fuel/lubricating oils/hydraulic oils/grease is not included in this bidding. On delivery, the Buyers and the Sellers shall take measurement of the remaining bunkers and unused lubricating/hydraulic oils/grease. 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.
The Buyers 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 Sellers, the Platts Singapore bunker price on the Three (3) working days 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 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 Three (3) working day prior to the date of delivery.
5.5 One (1) set of V-Sat on board is owned by third parties, and excluded from the sale.
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 MOA. 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.
March 15th, 2024