Entrusted
by the transferor (the Sellers), we have scheduled to hold a public
bidding online (www.shipbid.net)
from 10:00 to 10:30 (Beijing Time) on December 08th, 2022.
1. Bidding Object:
MV
“AN JI 15”, Multipurpose Ship; Class: ZC; PoR: Nanning, China; LOA/Breadth/Depth:
98.00m/15.80m/7.40m; GT/NT: 2994/1676; DWCC: 5000t(265Teu) @ 5.90m Draft; Light
Displacement: 1485.14t; M/E: 1 set 8320ZCd-6, 2060kW@525rpm; Built: July 26th,
2005 at Zhejiang Dongfang Shipbuilding Co., Ltd.; Next SS/DD: February 28th,
2027/ February 28th, 2024.
Note:
The subject Vessel, surveyed by OMCS Class, has been under Bareboat C/P under
Panama Flag with the type of Multipurpose Container Ship and trading within
Vietnam, China including Taiwan, Korea, Japan and Far East of Russia.
All the information and data
refer to the Vessel provided in this Announcement, Special Provisions as well
as the attachments are for reference only. If there is any discrepancy, the Statutory
certificates, Class certificates and actual vessel status shall prevail.
2. Bidding Rules
2.1 This bidding will be held with a reserved
price. If there are less than two bidders participating in the bidding, this
bidding shall be deemed failed upon the completion of the announcing period. If
there are two or more bidders participating in the bidding, the transfer of the
Vessel will be carried out by auction. No one has the preemptive right to the
transfer of Vessel.
2.2
The starting price is RMB 9.88million, and the bidding deposit is RMB 1million
(or USD 0.15million). Bid increment is a multiple of RMB 0.02million.
2.3 The bidding time will enter into Extension Cycle since 10:25
on the bidding day after the bidding officially starts. And then the ending
time will be refreshed to 5 minutes once each new bidding price offered.
2.4 The time of this auction
activity shall be subject to Beijing time (unless otherwise expressly
stated).
3. Registration Requirements
3.1
Registration is available from the date of this Announcement and ends before
the auction starts on the bidding day (subject to the receipt of bidding
deposit, the completion of online registration on the platform and the
receipt of the bidding number. It is recommended that bidders pay the deposit
1-2 days in advance in order to avoid any issues). No registration will be
accepted after the deadline. After successful registration, the bidder shall be
deemed to have fully known, accepted and complied with the contents of this
announcement, bidding rules, special provisions and relevant agreements.
3.2
Any natural persons with full civil capacity in China and corporation or
organization in and outside the People’s Republic of China with full capacity
for civil conduct and legally existing may participate in this bidding..
3.3
The bidder shall submit the following documents for registration (including but
not limited to):
● Certificate of Incorporation
● Articles of Incorporation
● Copy of Director’s Passport
● Undertaking for Bidding
● Bank
slip of bidding deposit
4. Date and Place for Inspection of the Vessel:
Inspection
place is to be determined (according to specific voyage and port arrangement,
and we will issue the notice in advance if possible) please confirm with the
bidding company for details. Potential bidders can inspect the Vessel within
the stipulated time. The risk and expenses in relation to the inspection shall
be borne by the potential bidders. The bidding company and the Sellers shall
only be responsible for coordination work. Potential 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, etc. Potential bidders shall not object to defects, such as the
quality, of the Vessel for any reason.
5.
Account of Bidding Company (USD Acct):
●Beneficiary: Zhejiang Shipping
Exchange Market Co., Ltd.
●Beneficiary Address: 6th Floor, Zhoushan
Bulk Commodity Exchange Center, No.555 Wengshan Rd, Lincheng Zhoushan Zhejiang
Province, P.R.China
●Account No. :
3309040160000036851
●SWIFT (Beneficiary Bank):
HZCBCN2HZSB
●Beneficiary Bank: Bank of Hangzhou
Co., Ltd, Zhoushan Branch
●Beneficiary Bank Address: No.619, Dingshen
Road, Ganghang Building B Zone, Zhoushan city, Zhejiang Prov. P.R. China
●Remittance Reference: AN JI 15
6.
Contacts:
Ms. Wen:
+86-18058087023/ 0580-2038333;
Ms. Chen: +86 18058087026/
0580-2038889;
E-mail:
auction@shipbid.net
Zhejiang
Shipping Exchange Market Co., Ltd.
Zhoushan Yi Ge
Ship Auction Co., Ltd
November 23rd, 2022
Article 1 Bidding Rules is made by relevant laws, regulations
and policies of the People's Republic of China and with Shipbid practical
situations, to standardize the bidding behaviors, maintain an open, fair and
equal transaction order, and protect legitimate rights and interests for all
the parties involved.
Article
2 The Transaction Rules of the ship bidding (hereafter to be referred as
bidding) is suitable for standardizing all the online bidding behaviors. All
the parties involved should abide by the Rules and bear legal responsibilities
for their own behaviors.Disputes, if any, shall be settled by the parties
through friendly negotiation. If the negotiation fails,parties concerned may
file a lawsuit with the people's court where the auction organizer (Zhejiang
Ship Exchange Market Co.,Ltd) is located.
Article
3 All legal personalities, natural persons and other organizations in and
abroad PRC can participate in the bidding only if they have the qualifications
of the auction announcement except those provided by laws and regulations.
Article
4 The auction information including videos, pictures and written introductions
offered by the Seller will be uploaded through the Shipbid system after
verified by the auctioneer.
The
Seller shall take all the legal responsibilities and economic losses if he
provides with fake information.
Article
5 The bidders couldn’t participate in the bidding activities until they
register as the buyers through the Shipbid system.
The
username and passwords should be kept safely. If forgotten, bidders could
retrieve through the Shipbid system. And if divulged, bidders should login in
time to change the passwords.
Article
6 Before submitting the application for the bidding, the bidders should
carefully read the auction announcement, ship’s information, transaction rules
and other relevant documents, then login the Shipbid system to fill in true and
effective information as required.
Article
7 The bidders should submit the applications in accordance with the auction
announcement before the Shipbid starts.If
legal personalities, natural persons and other organizations need
joint-bidding, they should fill in related information and the proportion of
capital contribution of each party as required and sign the Joint Bidding
Statement.
Article
8 The bidders apply on the Shipbid system by themselves, and pay the deposit
either on line or offline. One deposit is only for one lot. And if the bidders
want to bid several ships at the same time, corresponding deposits are
required.
The
bidders are entitled to bid only if the deposit fully paid to the nominated
account (based on the arrival time of the deposit )within the required time.
The bidders shall not be eligible for bidding if the deposit is delayed or not
fully paid on time.
Article
9 The bidding shall be conducted with time limit. Qualified bidders can
participate in the bidding. The initial offer shall not be lower than the
starting price and each offer shall be no less than the specified bid
increment.
If
it is an auction with reserve price, “YES” will be revealed in the system.
Otherwise it will display “NULL”.
Article
10 The bidder shall make a cautious bid, and the offer will be irrevocable once
submitted.
Article
11 The last limited time of the Shipbid is FIVE (5) minutes. If there is a new
bid within 5 minutes countdown, another 5 minutes will be set.
No
new offers would be accepted after the final countdown, and the bidding history
will be revealed.
Article
12 Once there is/are (a) bidder offer(s) in the Shipbid, the target bidder
(hereinafter called the Buyer) shall be confirmed in accordance with the
following rules
(1)
Where there is no reserve price, the highest bidder would be the Buyer.
(2)Where
there is a reserve price, the bidder with the highest offer and not lower than
the reserve price would be the Buyer; If the highest offer is lower than the
reserve price, the bidding will be pass.
When
the time for the bidding is over, the bidding system will be automatically
closed.
Article 13 The Buyer should
confirm his qualification with the enterprise or individual valid certification
to the auctioneer within 2 working days after the bidding. After verification
and confirmation, the Buyer should sign the Purchase Confirmation. If the buyer
fails to sign the Auction Transaction Confirmation for reasons, the auction
result shall not be affected.
If the buyer fails to pass
the qualification due to submitting false registration materials, the bidding
result is invalid or the buyer breaches the contract, he shall pay the bidding
service fee of both the buyers and the sellers; If the price of the re-auction
is lower than the transaction amount, the buyer must make up the difference.
Article 14 If the bidding
is completed, but the transaction is suspended or terminated, if there is a
dispute between the buyer and the seller, the auction deposit shall be properly
kept by Zhejiang Shipping Exchange Market until it is paid according to the
settlement agreement between the two parties or the effective court judgment or
the ruling of the arbitration institution.
Article
15 The payment of balance shall be remitted to the nominated account in time
according to the Purchase Confirmation.
Article
16 The Buyer should sign the Sale and Purchase Contract by the Purchase
Confirmation with the seller within the required time and make relevant
transaction procedures.
Article
17 After paying the balance, the Buyer himself should handover the lot and
manage the transaction procedures in time. If the Buyer fails to manage within
required time, he himself should pay the costs caused by the delay and afford
the consequences of possible damage or losses.
Article
18 The Buyer himself should register the lot and bear all relevant expenses
occurred according to the regulations and policies during the transaction
procedures.
Article
19 The bidding currency is CNY. Both the starting price and purchase
price do not include the expenses and taxes occurred during transaction
procedures.
Article
20 If the bidder obstruct others to bid, manipulate or monopoly the bidding
price, or make malicious collusion, the auction will be cancelled once above
behaviors are found, and relevant legal responsibility will be borne by the
bidder.
Article
21 If the bidder cannot normally login the Shipbid system to apply, offer or
bid because of following reasons such as virus invasion, hardware failure,
network congestion or passwords forgotten and divulge, etc., he himself should
bear the consequences and the bidding will not be suspended.
Article
22 The auctioneer reserves the right to suspend or withdraw the bidding before
it starts according to the laws and regulations.
Article
23 The auctioneer reserves the right to suspend or withdraw the bidding if
force majeure or accident has caused the online auction to fail.
Article
24 The seller and the auctioneer shall not bear any responsibility for the
abnormal service of the website or the interruption of the auction activity due
to force majeure or any third party. After that, the auctioneer will
issue a supplementary announcement and explain the reasons for the
interruption. A new auction announcement will be issued until the website
service returns to normal, and the online auction will be organized and
completed according to the new auction announcement.
Article
25 These rules are general rules for online auction transactions of ships. In
case of any conflict with the announcement or agreement of a single item, the
terms of a single item shall prevail.
Article 26 If the bidding announcement, additional provision,
inspection report or technical status report of the subject object is described
and publicized in Chinese and English (or other languages), in case of
contradiction or inconsistency, The Chinese version shall prevail.
Article 27 If the person with the right of preemption
participates in the bidding, he/she shall submit legal and effective
certificates to the auctioneer before the auction begins. After the auctioneer
confirms the qualification, he/she can obtain the right of preemption to
participate in the bidding. If he/she fails to submit within the time limit,
he/she shall be deemed to have given up the right of preemption of the subject
matter.
Article 28 The time concerned in the bidding
all depends on Shipbid system service time, except the deposit arriving time
which depending on the bank recording time. All the time of information
arriving is subject to the time when the information received by Shipbid.
Zhejiang
Shipping Exchange Market Co.,Ltd is responsible for the interpretation of the
Rules.
1. This
additional provision is a supplement to the bidding announcement and rules,
which has the same legal effect.
2. Bidding Object:
MV “AN JI 15”, Multipurpose Ship; Class: ZC; PoR: Nanning, China;
LOA/Breadth/Depth: 98.00m/15.80m/7.40m; GT/NT: 2994/1676; DWCC: 5000t(265Teu) @
5.90m Draft; Light Displacement: 1485.14t; M/E: 1 set 8320ZCd-6, 2060kW@525rpm;
Built: July 26th, 2005 at Zhejiang Dongfang Shipbuilding Co., Ltd.;
Next SS/DD: February 28th, 2027/ February 28th, 2024.
Note: The subject Vessel, surveyed by OMCS
Class, has been under Bareboat C/P under Panama Flag with the type of
Multipurpose Container Ship and trading within Vietnam, China including Taiwan,
Korea, Japan and Far East of Russia.
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. 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 we shall not assume any liability for defects or quality problems
of the bidding Vessel.
3. After Bidding
3.1 Following a successful bidding, the Buyers
shall send an Auction Confirmation to the Bidding Company on the same day (the
“Bidding Day”) at the email address or facsimile number. The Buyers shall sign
an original Auction Confirmation with the Bidding Company within TWO (2)
Banking Days of the Bidding Day, and sign Sales and Purchase Contract (or MOA)
with the Sellers within FIVE (5) Banking Days (no later than THREE (3) Banking
Days before delivery) after bidding.
3.2 The bidding deposits of the unsuccessful
bidders shall be returned within TWO (2) Banking Days after the bidding without
interests. The bidding deposit of the Buyers will be automatically converted as
part of purchase fund after the bidding without interests.
3.3 It’s acknowledged the interests-free account designated
by the bidding company shall be the escrow account to hold and
release the Purchase Funds and other monies. The
bidding company will not charge any additional fee for the above escrow
service.
3.4 This bidding shall be denominated in RMB and the final
RMB Price shall be determined as the Purchase Price. The Buyers outside the
People’s Republic of China shall pay enough RMB as per the Auction Confirmation.
If the Buyers have to entrust the export agent to handle the foreign exchange
settlement and pay RMB, they shall make preparations with the export agent in
advance to ensure that the corresponding payment for the purchase price to be
paid in full and on time.
4.
Transfer (Deregistration) and Delivery of the Vessel
4.1 The Buyers shall pay the entire bidding
service fee no later than 16:00 on December 12th, 2022 (Beijing
Time). And the Buyers shall remit the balance of the Purchase Price, estimated
ROB charge and other delivery monies (if any) to the escrow account, at least TWO
(2) working days prior to the Vessel’s expected delivery date. 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 deregistration
procedures relating to the Vessel within 10 Banking Days after
signing PODA.
Notice
of Readiness shall not be tendered before: December 15th, 2022;
The
Latest Delivery Date: January 15th, 2023.
If the Delivery indeed has to be postponed due to
the influence of Novel Coronavirus Pneumonia or other force majeure factors, a
new Latest Delivery Date should be fixed between the Sellers and the Buyers.
4.3 Delivery Place: The Vessel shall be delivered and taken
on an “as is where is” basis, as she is and where she is at the time that the
Buyers take delivery at one safe berth or anchorage at Pingtan port of Fujian
Province, China at Sellers’ option. The Sellers are not responsible for any
time and cost for Buyers to take delivery of the Vessel which shall be for the
Buyers’ account.
The Buyers shall
be deemed to confirm accept the Vessel’s condition if they did
not inspect the Vessel within the prescribed inspection time.
4.4 The subject Vessel shall be bided with mortgage and the
Sellers would settle the debts and credits and terminate the mortgage contract within
THREE (3) Banking Days after successful bidding (subject to the Auction
Confirmation signed by the Buyers), and supply the Buyers with the Certificate
of Deregistration of Mortgage.
4.5 The Buyers outside the People’s Republic of China
shall entrust the export agent designated by Zhejiang Shipping Exchange Market
Co., Ltd. after successful bidding to finish the export formalities at the
Buyers’ account and arrangement. The Sellers, the Buyers and the export agent
shall sign the Ship Export Agent Agreement, and the Sellers shall be
responsible to assist, if any.
5.
Related Expenses
5.1
Bidding service fee: After the bidding, the Buyers shall pay the bidding
company 1% of the purchase price as bidding service fee.
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 Buyers with commercial invoice of the purchase
price and ROB charge.
5.4 On delivery, the Buyers and the Sellers
shall take measurement of the remaining fuel oils, bunkers and unused
lubricating The Buyers shall take over remaining bunkers and unused lubricating
and hydraulic oils and grease in storage tanks and unopened drums and pay with
the last actual net price (exclude barging expenses) as evidenced by
invoices or vouchers; or if the invoices or vouchers are not
available, the Platts Shanghai price on the 3rd Banking Days prior
to the date of delivery to 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.
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 Market Co., Ltd.
Zhoushan
Yi Ge Ship Auction Co., Ltd.
November
23rd, 2022