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.
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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 persons or
organizations that exist legally can
participate in the bidding only if they have the qualifications of the auction
announcement except those provided by laws and regulations.
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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.
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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.
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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.
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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.
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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.
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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”.
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10 The bidder shall make a cautious bid, and the offer will be irrevocable once
submitted.
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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.
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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.
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15 The payment of balance shall be remitted to the nominated account in time
according to the Purchase Confirmation.
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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.
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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.
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18 The Buyer himself should register the lot and bear all relevant expenses
occurred according to the regulations and policies during the transaction
procedures.
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19 The bidding currency is RMB. Both the starting price and purchase
price do not include the expenses and taxes occurred during transaction
procedures.
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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.
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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.
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22 The auctioneer reserves the right to suspend or withdraw the bidding before
it starts according to the laws and regulations.
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23 The auctioneer reserves the right to suspend or withdraw the bidding if
force majeure or accident has caused the online auction to fail.
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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.
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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.