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