1.This additional provision is a supplement to the bidding announcement and rules, which has the same legal effect.
2. Bidding Object:
”XING YUN YANG” (IMO: 9663219)
Type of Ship: AHTS;
Class: CCS, Next SS: March 3rd, 2028;
Class Notation: ★CSA Tug/Offshore Supply Ship/Fire Fighting Ship 1; Water Spraying; PSPC(B); Ice Class B
★CSM AH; AUT-0; DP-2;
Flag: China;
PoR: Nanjing;
Built time: March 4th, 2013;
Shipbuilder: Jiangsu Zhenjiang Shipyard (Group) Co., Ltd., China
LOA: 75.00; MLB: 16.80; MLD: 7.80
2598 Summer DWT on 6.40m Draft;
M/E: MAN 9L32/44CR* 2 sets* 5040kW×750r/min;
Diesel Engines of Generators: Caterpillar C18 ACERT* 2 sets* 492kWx1500 r/min;
Generators: Leroy Somer ARCB595* 2 sets* 450kW/400V/812A;
ABB AMG 0500LN04 DAA; 2sets* 2000kW/400V/3608A;
Diesel Engines of Emergency Generators: Lindenberg John Deere 6068 HF 279; 1set* 137kW* 1500r/min;
Emergency Generator: Mecc Alte ECP 34-1L/4* 1 set* 90.4kW/400V;
Main Propulsion: ALPHATRONIC 2000 CPP propeller ×2sets ×3500mm;
Other Propulsion: Bow thrusters Kawasaki KT-130BS, 2 sets*1010kW; Stern thrusters Kawasaki KT-88B, 2 sets*680kW;
Other parameters:
Dynamic Positioning: KONGSBERG DP-2; Fire Fighting: FIFI Class I; Deck area: 510 ㎡; Deck Strength: 5~10t/㎡; Bollard pull: 181t; Volume of mud tank: 355m3.
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 inspection. 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. 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 terms in such public notice shall prevail. The Buyers shall sign the sales and purchases contract (MOA) with the Sellers within five (5) working days after signing Auction Confirmation (no later than 3 working days prior to delivery date).
3.3 It’s acknowledged the account designated by the bidding company is the escrow account for the Buyers and Sellers to hold and release the funds of the Purchase Price without interests and the Escrow Agreement shall be signed by the Buyers, the Sellers and the Bidding Company on the same day of signing MOA.
If the domestic Buyers are determined to succeed, the bidding deposit paid by the domestic Buyers shall be automatically converted into the purchase deposit after the signing of the Sales and Purchase Contract of Chinese
However, if the overseas Buyers are determined to succeed, the Buyers and the Sellers have the right to choose Holman Fenwick Willan LLP Shanghai Office or Stephenson Harwood as the Escrow Agent and sign the Escrow Agreement accordingly. The relevant costs shall be negotiated by the Sellers and the Buyers. It’s acknowledged the dollar account designated by Escrow Agent is the escrow account for the Buyers and Sellers to hold and release the funds of the Purchase Price as well as all other sum payable. The Buyers shall pay 10% of the purchase price (the Purchase Deposit under MOA) to the escrow account by T/T within three (3) working days after the MOA has been signed and escrow account has been open. The Bidding Company shall refund the bidding deposit paid by the overseas Buyers with the deduction of bidding service fee to the overseas Buyers within three (3) working days (without interests) once the Escrow Agent confirms the safe receipt of the Purchase Deposit.
3.4 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, the Sellers shall be responsible for exporting matters, and the export-related expenses shall be borne by the Sellers.
3.5 If the Buyers fail to sign the Auction Confirmation or the Sales and Purchase Contract in Chinese (or the MOA in English) as scheduled, And if the escrow account is failed to open due to the Buyers’ reasons, or the Buyers fail to pay the Purchase Deposit on time, the Sellers shall have the right to cancel the MOA and the MOA shall be null and void the Sellers shall be entitled to confiscate all the bidding deposit but without prejudice to the Sellers’ right to claim their losses against the Buyers.The bidding company shall release the bidding deposit with the deduction of bidding service fee to the Sellers. 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.. The bidding company shall release the bidding deposit with the deduction of bidding service fee to the Sellers.
4. Transfer (Deletion) and Delivery of the Vessel:
4.1 The Buyers shall pay the bidding service fee no later than 16:00 on November 06th, 2023 (Beijing Time). And the Buyers shall remit the balance of the Purchase Price, estimated ROB charge and other delivery money (if any) to the escrow account, at least TWO (2) working days prior to the Vessel’s expected delivery date as notified by the Sellers’ 10 days’ approximate notice. Any delay or failure to pay fees mentioned above shall be deemed as a breach of the Bidding Announcement and the MOA.
4.2 The original owner (as the Sellers) should complete all the deletion procedures relating to the Vessel within 10 working days after the original Protocol of Delivery and Acceptance signed, dated and timed arrive at the Sellers.
Notice of Readiness shall not be tendered before: November 13th, 2023
The Latest Delivery Date: December 15th, 2023
If the Delivery indeed has to be postponed due to voyages 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 on an “as is where is” basis safely afloat at a safe and accessible berth or anchorage within full China range in the Sellers’ option. The Sellers shall send the notice with intended delivery time and place 10 days in advance.
The Sellers are not responsible for any time and cost for Buyers’ taking delivery of the Vessel which shall be for the Buyers’ account.
The Buyers shall be deemed to accept the vessel’s condition if they did not inspect the vessel within the prescribed inspection time. Once the bidders complete the registration procedures and participates in the bidding, it shall be deemed to have fully understood all the information of the subject matter of the bid, including but not limited to all known and unknown defects related to the vessel certificate, vessel condition, etc. The Buyers shall not raise objections to the defects such as the quality of the bid target for any reason.
4.4 Documents provided by the Sellers and the Buyers on Closing shall be refer to The Sales and Purchases contract / MOA.
4.5 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 (the bidding service fee will be immediately deducted from the bidding deposit after successful bidding if the Buyers and the Sellers appoint Holman Fenwick Willan LLP Shanghai Office or Stephenson Harwood as the Escrow Agent).
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 On delivery, the Buyers and the Sellers shall take measurement of the remaining bunkers and unused lubricating. The Buyers shall take over remaining unused lubricating and hydraulic oils and grease in storage tanks and unopened drums and pay:
(a) 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 4th business day prior to the date of delivery.
The Buyers shall take over the remaining bunkers at:
(b) the last actual net price as evidenced by invoices or vouchers; or if not available from the Sellers, the Platts Shanghai bunker price on the 4th business day prior to the delivery date shall be applied.
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. 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.
October 07th, 2023