Entrusted by the transferor (the Sellers), we have decided to hold a public bidding on www.shipbid.net from 14:00 to 20:00 (Beijing Time) on September 1st , 2021.
1. Bidding Object: Hull No.B85K-9, Bulk Carrier under construction;
PoR: Majuro; Class: CCS; LOA: abt.227.20m; MLB: 36.00m; MLD: 20.35m; Design Draught(Td):11.5m; Scantling Draught(Ts):13.75m; DWT(Ts): abt.85000t; Cargo Hold Capacity: abt.105000m3; Design Speed: 14.1kn; M/E: MAN 6S60ME-C8.5(TIER III with HP SCR) * 1 set, 9663kW@89rpm; Expected Completion Time: June 30th, 2022; Builder: DSIC Shanhaiguan Shipbuilding Industry Co., Ltd .
2. Bidding Rules: It has no reserved price. If only one bidder is collected, the bidder shall be identified as the Buyers; if two (or more than two) bidders are collected, we will confirm the Buyers by bidding. The starting price is USD 30.18 million, and the bidding deposit is USD 3.5 million. Bid Increment: a multiple of USD 0.05 million.
- Application is acceptable from the announcing time until 16:00 August 31st, 2021(Beijing Time) (subject to the arrival time of bidding deposit, the completion of online registration and the receipt of the bidding number. It is recommended to pay deposit 1-2 days in advance in order to avoid any problems). After the deadline, no application will be accepted. Only legal registered companies are qualified to apply this bidding.
- When applying, the bidder shall select whether require the Sellers to provide any certificates or documents with respect to registration, transference and/or deletion of the Vessel in the relevant Vessel Registry and choose the attached MEMORANDM OF AGREEMENT (MOA) accordingly. The attached MOA is deemed as the part of Announcement, and has the same legal force as the Announcement.
- The bidding deposit shall be remitted to the interest-free account of Auction Company. After the bidding, the bidding deposit paid by the successful bidder (the Buyers) will be automatically turned into the purchase deposit. If the Buyers are from abroad, Holman Fenwick Willan Singapore shall be chosen as the Escrow Agent, and the Intermediate Installment and the Balance of the Purchase Price shall be remitted to the Escrow Account in accordance with the Escrow Agreement; If the Buyers are from domestic, our company shall be chosen as the Escrow Agent, and the Intermediate Installment and the Balance of the Purchase Price shall be remitted to the account of Auction Company in accordance with the Escrow Agreement. The Escrow Agreement shall be signed within 30 banking days since the signing of the MOA.
4. Inspection of the Ship: the ship is under construction, and will be delivered on an “as is where is” as the time of delivery basis at Shanhaiguan Shipping Industry Co., Ltd. Due to the influence of coronavirus pandemic, temporarily no inspection of the vessel will be arranged during the announcing period. After the MOA is duly signed and the purchase deposit is fully paid, the Buyers have the right to place two (2) observers as part of the Sellers’ site supervision team at their sole risk and expense. The observers shall not interfere in any respect with the construction, sea trial or operation of the ship or to be deemed as supervisors of shipbuilding.
5. Account of Auction Company:
Bank: BANK OF HANGZHOU CO., LTD
Bank Add: No. 46 QINGCHUN ROAD, HANGZHOU, CHINA
SWFIT Code: HZCBCN2H
Beneficiary: Zhoushan Yi Ge Ship Auction Co., Ltd
Remittance Reference: Hull No.B85K-9
6. Contacts: Ms. Chen：+86-18058087026, +86-580-2038889;
Zhejiang Shipping Exchange Co., Ltd.
Zhoushan Yi Ge Ship Auction Co., Ltd.
August 4th, 2021
Article 1 Bidding Rules is made by relevant laws, regulations and policies of our Country 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.
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 announcement and other documents are formulated by the auctioneer.
Article 5 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.
Article 6 The Seller shall take all the legal responsibilities and economic losses if he provides with fake information.
Article 7 The bidders couldn’t participate in the bidding activities until they register as the buyers through the Shipbid system.
The 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 8 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 9 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 10 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 11 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 12 The bidder shall make a cautious bid, and the offer will be irrevocable once submitted.
Article 13 The last limited time of the Shipbid is TEN (10) minutes. If there is a new bid within 10 minutes countdown, another 10 minutes will be set.
No new offers would be accepted after the final countdown, and the bidding history will be revealed.
Article 14 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 15 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's qualification is not approved, the bidding result will be invalid, the deposit would be confiscated, and the lot should be bid again. The Buyer should pay the commissions for both parties due to his breach of the contract; Also, the previous Buyer should pay the balance of price if the final purchase price is lower than the first purchase one.
Article 16 The payment of balance shall be remitted to the nominated account in time according to the Purchase Confirmation.
Article 17 The Buyer should sign the Sale and Purchase Agreement by the Purchase Confirmation with the seller within the required time and make relevant transaction procedures.
Article 18 The auctioneer should publicize the bidding results through the Shipbid system after the bidding.
Article 19 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 20 The Buyer himself should register the lot and bear all relevant expenses occurred according to the regulations and policies during the transaction procedures.
Article 21 The bidding currency is US dollar. Both the starting price and purchase price do not include the expenses and taxes occurred during transaction procedures.
Article 22 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 23 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 24 The auctioneer reserves the right to suspend or withdraw the bidding before it starts according to the laws and regulations.
Article 25 The auctioneer reserves the right to suspend or withdraw the bidding if force majeure or accident has caused the online auction to fail.
Article 26 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.
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 Co Ltd is responsible for the interpretation of the Rules.
1. This additional provision is a supplement to the bidding rules and has the same legal effect as the bidding rules.
2. Bidding Object: Hull No.B85K-9, Bulk Carrier under construction
PoR: Majuro; Class: CCS; LOA: abt.227.20m; MLB: 36.00m; MLD: 20.35m; Design Draught(Td): 11.5m; Scantling Draught(Ts):13.75m; DWT(Ts): abt.85000t; Cargo Hold Capacity: abt.105000m3; M/E: MAN 6S60ME-C8.5(TIER III with HP SCR) * 1 set, 9663kW@89rpm; Expected Completion Time: June 30th, 2022; Builder: DSIC Shanhaiguan Shipbuilding Industry Co., Ltd .
The above data are recorded in the ship's Outline Specification 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 data above, the bidding and bidding price won’t be disturbed. Once the bidding is concluded, the auction company and the Sellers shall not assume any liability for defects or quality problems of the bidding ship.
-The bidders shall pay the biding deposit when applying for bid, and provide other documents required by the Sellers or the auction company.
- When applying, the bidder shall select whether require the Sellers to provide any certificates or documents with respect to registration, transference and/or deletion of the ship in the relevant Ship Registry.
4. After Bidding
4.1 After the bidding finished, the Buyers shall confirm the result of bidding by email or fax on the same day, and sign the Original Purchase Confirmation with the bidding company within 2 banking days after the bidding; shall sign the MOA within 5 banking days after the bidding; and shall sign the Addendum for the delivery documents and the Escrow Agreement within 30 banking days after signing the MOA. If the Buyers fail to perform any of the foresaid obligations on time, the bidding deposit shall be released to the Sellers.
4.2 The biding deposits of the unsuccessful bidders shall be returned within 2 banking days after the bidding without interests.
5. Delivery of the Ship
5.1 The Buyers shall pay all the bidding commission not later than 16:00 September 3rd , 2021 (Beijing Time), remit the Intermediate Installment of the Purchase Price to the Escrow Account within 5 banking days upon receiving the copy of the launching certificate from the Sellers, and remit the Balance of the Purchase Price and estimated ROB charge to the Escrow Account at least 2 banking days prior to the scheduled delivery date (The bidding deposit will be automatically converted into purchase deposit after signing MOA). Any delay in the payment shall be deemed as breach of the MOA.
5.2 Cancelling Date: December 30th , 2022;
5.3 Delivery Place: Shanhaiguan Shipbuilding Industry Co., Ltd
Subject to the Buyers’ option in the bidding for requiring the certificates or documents with respect to registration, transference and /or deletion of the ship in the relevant Ship Registry, The Sellers shall complete the deletion procedure and obtain such certificate or official evidence within 7 banking days after mutual signing of the Protocol of Delivery and Accept at the costs of the Buyers. The ship shall stay in the delivery place without moving until the Sellers get the Deletion Certificate.
5.4 Documents provided by the Sellers and the Buyers on Closing shall be refer to MOA and its Addendum.
5.5 The sales and purchases contract will be negotiated, revised and signed basis on SALEFORM 2012 made by Norwegian Shipbrokers’ Association.
6. Related expenses
6.1 Bidding commission: After the bidding, the Buyers shall pay the bidding company 1% of the purchase price as commission (settled in USD).
6.2 The Sellers would provide with commercial invoice of the purchase price. All the taxes, expenses and costs incurred after the ship delivery and cancellation procedures shall be borne by the Buyers themselves.
6.3 The Buyers and the Sellers shall make on-site measurement of the remaining oil on the ship as per the terms of MOA, and the price of oil shall refer to the actual net price as evidenced by invoices or vouchers. The Sellers would provide with commercial invoice of ROB.
6.4 All expenses and the custody responsibility incurred before delivery of the object ship shall be borne by the Sellers; After delivery of the ship, the expenses and risks incurred by the object shall be borne by the Buyers, and the custody of the object shall also be borne by the Buyers.
7. Matters not covered herein shall be settled through negotiation by the auction company, the Sellers and the Buyers.
Zhejiang Shipping Exchange Co., Ltd.
Zhoushan Yi Ge Ship Auction Co., Ltd.
August 4th, 2021