Entrusted by the transferor (the Sellers), we have scheduled to hold a public bidding online (www.affordablecheapautoinsurance.com) from 16:00 to 16:30 (Beijing Time) on November 23rd,
2022.
1. Bidding Object:
MV“GOLDEN MAGPIE”, Bulk Carrier;
IMO: 9657404;
Class: Bureau
Veritas ;
Class Notation: Bulk carrier
CSR BC-A (holds 2, 4 may be empty) ESP GRAB [20]; Unrestricted navigation; CPS
(WBT), VeriSTAR-HULL, AUT-UMS, MON-SHAFT, INWATERSURVEY;
Flag: HONG KONG;
Built Time: January 10th, 2014;
Builder: Huludao Bohai Shipyard Co., Ltd;
LOA: 179.88m; MLB: 28.80m; MLD: 14.60 m;
Summer DWT: 34527.4t on 10.27m Draft;
GRT/ NRT: 22400 / 11773;
Next SS/ DD: January 09th, 2024;
M/E: MAN
B&W 6S42MC, Tier II, 6480kW@136r/min, 1 set;
A/E: MAN 5L 16/24,
Tier II, 500 kW@1200r/min, 3 sets;
Remarks：
1.1 The
Vessel is under navigation.
1.2 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 without 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 USD 16.89 million, and the bidding
deposit is USD 1.2 million (or RMB 8.2 million). Bid increment is a multiple of
USD 0.02 million.
2.3 The bidding time will enter into Extension Cycle since 16:25
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 bidding deposits of the unsuccessful
bidders shall be returned within 2 working days after the bidding without
interests.
2.5 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 corporation or organization in and outside the
Peoples Republic of China with full capacity for civil conduct and legally
existing may participate in this bidding. The bidder shall not subject to
or affected by any sanction, embargoes, freezing provisions, prohibitions or
other restriction relating to trading, doing business, investment, exporting,
financing or making assets available (or other activities similar to or
connected with any of the foregoing) imposed by law or regulation of the United
Nations, the People's Republic of China, United States of America and European
Union against any state, natural or legal person, body or entity and are
capable of making the payments in US Dollars as required under this Agreement.
3.3 The bidder shall submit the following documents for
registration (including but not limited to):
3.3.1 For domestic bidders
● Copy of Business License sealed with the company chop
● Copy of Legal Person's ID card sealed with the company chop
● Power of Attorney (if have), and scanning copy of the authorized
person's ID card with the company chop
● Undertaking for Bidding
● Bank slip of bidding deposit
3.3.2 For overseas bidders
● Certificate of Incorporation certified as true copy by the
director
● 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 time is to be determined (according to specific voyage
and port arrangement, and we will issue the notice in advance if possible), and
please confirm with the bidding company for details. Potential bidders who fail
to participate in the on-site inspection yet complete the registration
procedure before bidding shall be deemed to have recognized and accepted the
status quo and defects of the Vessel.
5. Account of Bidding Company
5.1 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: GOLDEN MAGPIE
5.2 CNY Acct:
● 戶名：浙江船舶交易市場有限公司
● 賬號：3309040160000036844
● 銀行：杭州銀行舟山分行
6. Contacts
Ms. Chen: +86 18058087026
Ms. Wen: +86 18058087023
E-mail: auction@shipbid.net
Zhejiang Shipping Exchange Market Co., Ltd.
October 24th, 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 Any corporation or organization in and outside the Peoples Republic of China with full capacity for civil conduct and legally existing 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 US dollar. 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.
This additional provision is a supplement to the bidding
announcement and rules, which has the same legal effect.
1. Bidding Object:
MV“GOLDEN MAGPIE”, Bulk Carrier;
IMO: 9657404;
Class: Bureau
Veritas ;
Class Notation: Bulk carrier
CSR BC-A (holds 2, 4 may be empty) ESP GRAB [20]; Unrestricted navigation; CPS
(WBT), VeriSTAR-HULL, AUT-UMS, MON-SHAFT, INWATERSURVEY;
Flag: HONG KONG;
Built Time: January 10th, 2014;
Builder: Huludao Bohai Shipyard Co., Ltd;
LOA: 179.88m; MLB: 28.80m; MLD: 14.60 m;
Summer DWT: 34527.4t on 10.27m Draft;
GRT/ NRT: 22400 / 11773;
Next SS/ DD: January 09th, 2024;
M/E: MAN
B&W 6S42MC, Tier II, 6480kW@136r/min, 1 set;
A/E:MAN 5L 16/24,
Tier II, 500 kW@1200r/min, 3 sets;
Remarks:
The Vessel is under navigation.
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.
2. After Bidding
2.1 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 an original Auction
Confirmation with the Bidding Company within two (2) working days of the
Bidding Day.
2.2 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 completion of the bidding
2.3 The Sellers and the Buyers shall together appoint Ince
& Co as the Escrow Agent, and the relevant costs will be equally borne
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 with the deduction
of bidding service fee to the Buyers within three (3) working days (without
interests) once the Escrow Agent confirms the safe receipt of the Purchase Deposit.
2.4 If the Buyers fail to sign the Auction Confirmation or
the MOA as scheduled, the Sellers shall be entitled to confiscate all the
bidding deposit.The bidding company shall release the bidding deposit with the deduction
of bidding service fee to the Sellers.
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 this Agreement and this Agreement shall be null and
void 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 Ship
Exchange Market Co., Ltd. shall have the right to re-organize the bidding
activity for the object Vessel against the instructions of the transferor.
3. Delivery and Transfer (Deletion) of the Ship
3.1 The Buyers shall pay the balance of the Purchase Price,
estimated ROB charge and other delivery monies (if any) to the escrow account by
T/T 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.
3.2 The original ship owner (as the Sellers) should complete all
the deletion procedures relating to the ship within 15 working days after
signing PODA.
Notice of Readiness shall not be tendered before: the 20th banking
day after MOA has been signed;
Cancelling Date: the 60th banking day after MOA has been signed;
The definition of “banking day” refers to the attached MOA.
If, for any reason related to the COVID-19 (Coronavirus) outbreak,
or other epidemic, pandemic or infectious diseases at the place of delivery, as
declared by the World Health Organization or any local governmental or port
authority, delivery of the Vessel becomes impractical or impossible by the Cancelling
Date, the Sellers and the Buyers shall mutually discuss alternative delivery
options. In such event, the Cancelling Date shall be extended.
3.3 Delivery Place:
The Sellers plan to
invite IDWAL MARINE SERVICES LIMITED
(hereinafter referred to as “IDWAL”) to inspect the Vessel and issue the
inspection report before the bidding activity. The Vessel shall be
delivered and taken over safely afloat as she was at the time of inspection
carried out by IDWAL and accessible berth or anchorage at/in Singapore –
Japan Range (including Korea and China) in the Sellers’ option (please find
full detail in MOA).
Once the bidders complete the online registration and participate
in the auction, shall be deemed to have recognized and accepted the status quo
and defects of the Ship, including but not limited to all known and unknown
defects related to the ship certificates and the ship condition, etc. Condition
on delivery shall be in accordance with MOA. The Buyers shall
be deemed to have confirmed to accept the ship’s condition
if they did not inspect the ship.
3.4 Documentation
provided by the Sellers and the Buyers on Closing shall be refer to MOA.
3.5 Items on board which are on
hire or owned by third parties are excluded from the sale without compensation:
Iridium pilot & Marinsat VSAT.
3.6 Three (3) attachments in total. Please download and check the
details.
4. Related expenses
4.1
Bidding service fee: After bidding, the Buyers shall pay the bidding
company 1% of the purchase price as service fee, which will be directly
deducted from the bidding deposit paid by the Buyers.
4.2 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.
4.3 The
Sellers would provide with Commercial Invoice of the Purchase Price
and the remaining bunkers & unused lubricating. All the taxes,
expenses and costs incurred after the ship delivery shall be borne by the
Buyers themselves.
4.4 The
final quantities of remaining bunkers, unused lubricating and hydraulic oils
and greases in storage tanks and unopened drums shall be measured jointly and
agreed by Sellers’ and Buyers’ representatives 2 days prior to the date of
Delivery with an agreed allowances of consumption up to the time of
closing/physical delivery.
The
Buyers shall take over remaining unused lubricating and hydraulic oils and
grease and pay:
(a) the actual net price (excluding barging expenses) as evidenced by
invoices or vouchers; or if such invoices
or vouchers not available, the Buyers
to pay as per the current net market price at the port of delivery.
The
Buyers shall take over the remaining bunkers at:
(b) the
actual net price (excluding barging expenses) as evidenced by invoices or
vouchers; or if not available, the Platts Singapore bunker price on the 3rd
business day prior to the delivery date shall be applied.
4.5 The
delivery time of the Vessel shall be subject to the signing time of the PODA. Unless otherwise specified
in the mutually signed MOA, the ship with everything belonging to her shall be at the Sellers'
risk and expense until she is delivered to the Buyers, while the Ship’s risk
and expenses shall be for the Buyers’ account after the delivery of the vessel.
4.6
The domestic Buyers shall appoint the Bidding Company as the import agent, and
relevant expense shall be borne by the domestic Buyers.
5. This Announcement is described in both Chinese and English. In
case of any discrepancy between the two languages,
Chinese version shall prevail.
6. Matters not covered herein shall be settled through
negotiation at good faith by the bidding company, the Sellers
and the Buyers.
Zhejiang
Shipping Exchange Market Co., Ltd.
October
24th, 2022