1. This additional provision is a supplement to the bidding announcement and rules, which has the same legal effect.
2. Bidding Object:
MT “DH GLORY”, Oil/Chemical tanker;
IMO: 9815628;
PoR: HONG KONG;
Class: BV;
LOA: 133.23m; MLB: 21.50m; MLD: 11.5m;
Summer Deadweight: 13121t; Design draft: 8.5m;
GT/NT: 8944/4228;
M/E: Winterthur Gas & Diesel Ltd/W6X35-B, 4215kW@135r/min×1 set;
A/E: VOLVO/HDV-CCFJ450J-W, 450kW@1800r/min×4 sets;
Built Time: November 12th, 2020;
Builder: Nantong Tongbao Shipbuilding Co., Ltd.;
Remarks: The ship is in service.
All the information and data provided in the Bidding Announcement, Special Provision, Technical Report as well as any other channel related to the Ship are for reference only. The bidding object is subject to the status at the time of delivery. 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 ship.
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”) via email address or facsimile. The Buyers shall sign the original Auction Confirmation with the Bidding Company within Two (2) working days of the Bidding Day.
3.2 The Buyers shall sign the MOA with the Sellers within Five (5) working days after the Bidding Day.
The Memorandum of Agreement for sale and purchase of ships (MOA) has been amended on SALEFORM 2012 published by Norwegian Shipbrokers’ Association, 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. 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 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 ZSE at the same day of signing the MOA.
3.4 The purchase deposit is 20% of Purchase Price. The bidding deposit paid by the Buyers shall be automatically converted to part of purchase deposit after signing the MOA and the TSA.
With the consent of the Buyers and the Sellers, an overseas law firm with good standing can also be designated as an escrow agent and an escrow account to be opened. Any fee charged for holding and releasing the Deposit shall be borne by the Buyers.
3.5 The Buyers shall pay the rest of purchase deposit (Purchase Price x 20% - the paid
part of purchase deposit) or provide an equivalent amount of RMB as additional
deposit to the Transaction Service Account within Ten (10) banking days after signing
the MOA and the TSA.
If the purchase funds to be hold by a law firm, the Buyers shall lodge 20% of the Purchase Price as the purchase deposit within Three (3) working days after the law firm has confirmed in writing to the Parties that the account has been opened. The bidding deposit shall be refund by the bidding company within Two (2) banking days after the purchase deposit reached at the escrow account fully.
3.6 The Buyers shall remit the balance of the purchase price, estimated ROB charge and other payable (if any) to the Transaction Service Account Two (2) working days prior to the expected delivery date. The Transaction Service account or the Escrow Account opened by the law firm shall release the all of Purchase Price, ROB charge and other payable (if any) to the Sellers’ designated account within Three (3) working days after receipt of the Protocol of Delivery and Acceptance (PODA) and the Fund Transfer Confirmation Letter jointly signed by the Buyers and the Sellers after the completion of the Vessel's delivery.
3.7 If the Buyers fail to sign the MOA as scheduled, it shall be deemed as a breach and the Sellers shall be entitled to confiscate all the bidding deposit. And if the transaction service account is failed to open due to the Buyers’ reasons after MOA and the TSA signed, the Sellers shall have the right to cancel the MOA solely and the MOA shall be null and void. The Sellers shall be entitled to confiscate all the purchase deposit or additional deposit (if any) paid by the Buyers.
3.8 If the Buyers’ breach of contract results in the cancellation of the transaction, the bidding company shall release the bidding deposit with the deduction of bidding service fee to the Sellers within Two (2) working days after breaching the bidding rules (such as not signing Auction Confirmation / the MOA / Transaction Service Agreement on schedule, and failed to open the transaction service account) and the Sellers declare to cancel the transaction in writing. 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.
3.9 If the Buyers is an enterprise or organization legally existing in China, the Buyers shall entrust the export agent nominated by the bidding company for importing matters, RMB0.15million as the import agent fee and the import-related expenses (including but not limited to the ship agent fee, the import taxes, etc.) shall be borne by the Buyers. The port charges (if any) before the handover of the ship shall be borne by the Sellers and the port charges after the handover shall be borne by the Buyers.
3.10 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. The bidding deposits of the unsuccessful bidders shall be returned within Two (2) Working 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 within Three (3) Working Days after the bidding.
4.2 The original owner (as the Sellers) should complete all the deletion procedures relating to the ship within Two (2) working days after signing the PODA.
The Sellers and the Buyers shall negotiate in a friendly manner to agree on the delivery date, but the latest delivery date shall not exceed Three (3) months after the signing of the MOA. In case of unexpected circumstances causing delay, with the consent of the Buyers and Sellers, the parties may negotiate and agree on a new latest delivery date.
4.3 Delivery Place: The Vessel shall be delivered and taken over by the Buyers at a safe and accessible berth or anchorage in China, at the Sellers’ option. The Sellers shall tender the notice with intended delivery time and place Thirty (30) days in advance.
4.4 The Sellers shall not be responsible for any time and cost for Buyers to take delivery of the ship which shall be for the Buyers’ account.
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 Documents provided by the Sellers and the Buyers on Closing shall be refer to MOA.
5. Related Expenses:
5.1 Bidding service fee: 1% of the Purchase Price.
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). All expenses incurred after the handover of the vessel and all taxes incurred during the transfer 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 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 not available from the Sellers, the Platts Singapore price on the 4th working days prior to the date of delivery to 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 tax and barging expenses) as evidenced by invoices or vouchers; or if such invoices or vouchers not available, the last price published by their respective makers prior to the date of delivery 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 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 this Agreement.
6. This Announcement is described in both Chinese and English. In case of any discrepancy between the two languages, 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
November 26th, 2024