1. This additional provision is a supplement to the bidding announcement and rules, which has the same legal effect.
2. Bidding Object:
MV“TIAN XUAN XING”, Bulk Carrier;
Class: ZC;
POR: Zhoushan, China;
Trading Area: A1+A2;
LOA: 160.60m; MLB: 25.60m; MLD: 14.40m;
GRT: 17081; NRT: 9565;
Cargo Hold: 4H/4H; Cargo Capacity: 36105.9m3;
DWCC: 26510t at draft 10.4m;
M/E: HYUNDAI 9H32/40P x 1 set, 4320KW@750r/min;
Built Time: May 15th, 2009;
Builder: Taizhou Yuehang Shipyard;
Remark: This Vessel is in service, and the Special Survey has been completed in April 2024.
(All the information and data refer to the Vessel 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 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 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 Buyers shall send an Auction Confirmation to 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. The Buyers shall sign Sales and Purchase Agreement with the Sellers within THREE (3) Working Days after completion of biding.
3.2 The Sales and Purchase Agreement 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 Sales and Purchase Agreement drafted by the Sellers. No modification of the Sales and Purchase Agreement 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 Sales and Purchase Agreement and this public auction regulations (including the bidding announcement, bidding rules, special provision, etc), the Sales and Purchase Agreement signed both by the Sellers and the Buyers shall prevail.
3.3 The bidding deposit paid by the Buyers shall be automatically converted to the purchase deposit after signing the Sales and Purchase Agreement.
3.4 The bidding deposits of the unsuccessful bidders shall be returned within 2 working days after the bidding without interests.
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 shall be signed after completion of biding by the Buyers, the Sellers and ZSE. ZSE does not charge any additional fees for the fund custody services related to this project, and all the custody funds are free of interest.
3.6 If the bidding company is chosen to carry out the transaction service, the bidding company will release the Purchase Price, ROB charges for the remaining bunkers and lub oil and other sums payable (if any) paid by the Buyers to the Seller's nominated account within Three (3) banking days upon receipt of the scanned true copy of the original Certificate of Deletion after the Sellers completes the ship ownership/nationality deletion (transfer) procedures and obtains the Certificate of Deletion.
3.7 The Purchase Price shall be settled in CNY. If the Buyers are of an overseas enterprise, the Purchase Price shall be exchanged against the middle exchange rate announced by the Bank of China on the bidding day. At the same time, both the Sellers and the Buyers shall jointly appoint the export agent designated by the bidding company for exporting matters. The Sellers shall cooperates in handling the exporting matters, and the export-related expenses shall be borne by the Buyers. Port disbursement before delivery (if any) shall be borne by the Sellers, while that after delivery to be for the Buyers’ account.
3.8 If the Buyers fail to sign the Sales and Purchase Agreement or the Auction Confirmation 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.
If, after the signing of the Sales and Purchase Agreement and the Transaction Service Agreement, 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.
3.9 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 Three (3) 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 Buyers shall lodge the balance Purchase Price, estimated ROB charges and other delivery monies (if any) at least 2 working days prior to the intended delivery date to the transaction service account as prescribed in the Sales and Purchase Agreement and the Service Agreement.
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 Protocol of Delivery and Acceptance signed, dated and timed arrive at the Sellers.
The Earliest Delivery Date:October 18th, 2024
The Latest Delivery Date:November 15th, 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 Sellers and the Buyers.
4.3 Delivery Place: The Vessel shall be delivered and taken over by the Buyers at a safe port or anchorage in China, 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.
4.4 Delivery Condition: The Vessel shall be delivered and taken over on “as is where is” basis in its state and condition on condition at the time of delivery.
The 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 Vessel, including but not limited to all known and unknown defects related to the vessel certificates and the vessel condition. The bidders shall not object to defects, such as the quality, of the Vessel for any reason.
4.5 Three (3) attachments in total (Undertaking for Bidding, Technical report and Sales and Purchase Agreement). 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 no later than 16:00 October 12th, 2024 (Beijing Time).
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 would provide with commercial invoice of the purchase price and ROB charges. All the taxes, expenses and costs incurred after the ship 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 representative 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 barging expenses) as evidenced by invoices or vouchers;or if such invoices or vouchers not available, the newest bunker price published by Shanghai CHIMBUSCO 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 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: 1 set Satellite communication equipment, the type is SAM080M-P1S(B).
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.
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.
September 6th, 2024