(Ⅱ):the buyers to attend to some items during bargaining
'B2~!@#\%S*r*B6O"o0s(p7N[A Professional Business Forum]Source: LIAONING BANDCN LAW FIRM
www.bandcn.com.cn written by : Liu Jun
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General situations of second-hand vessel trade markets
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Chinese second-hand vessel trade markets are mostly located in Shanghai, Dalian, Zhoushan in
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Zhejiang province, Fuan in Fujian province, etc. The trade markets in Shanghai and Dalian focus in large
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and middle vessels and foreign vessels, and the else in small vessels. The buyers also ought to master
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the supply and demand situations of second-hand vessels. Usually, vessels over 5000 gross tonnage on
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q5`&_+O7G:b;i-a(t.O;lFOB Business Forumsale is scarce but the demand on them is to the contrary. So is the demand on engineering vessels or
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specialized vessels. For foreign second-hand vessels on sale, most ship owners are from Japan and
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-}*m1T1m0g!A.VFOB Business ForumKorea. The trade of foreign second-hand vessels is usually unknown outside because it is involved in the
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competent authorities approval and tariff. At present, trade of second-hand vessels on internet is
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8Y+m0P%u,i+a/P:fFOB Business Forumwidespread and the markets of it are more and more mature. So, the buyers may easily achieve
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information on second-hand vessels on sale.
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2?:B4|6|4d2i E[A Professional Business Forum]The buyers should set an appropriate standard for purchase
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8~,F.Q5U5Q6[[A Professional Business Forum]Firstly, the buyers should ascertain which type and what deadweight tonnage of second-hand vessels to
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purchase. Most buyers buy the vessels for the purpose of operation. Generally, the buyers apperceive
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:d#M A9g'?5o q'IFOB Business Forumbusiness chance in shipping market or they master steady channels to obtain cargo for transportation,
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then they decide to buy which type and what deadweight tons of vessels according to the situations said
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2|9p!_'\&}2[FOB Business Forumabove. Secondly, the buyers should pay attention to the age of second-hand vessels. In making decision
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.`+o)u9g!A!x3O2V9Ato buy what age of vessels, the buyers must take into consideration of Chinese compulsory regulations
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of aged and old vessel. Ministry of Communications of China had enacted Administration Regulations of
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5M%E!x1o7U.e7bAged and Old Transportation Ships, which took effect on August 1, 2006 and renewedly provides
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classification standard on aged and old vessel, age of vessel for special and regular survey and
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compulsory scrap. Provided the buyers do not learn about these regulations and purchase one vessel
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+|8T"l+Q.y9W+s9~forum.fobshanghai.comnearing to or coming at age of vessel for compulsory scrap to fly Chinese flags, the buyers shall
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undoubtedly encounter many troubles when in operation of the vessels in future. When above said
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situation occurs, the buyers may probably make the vessel fly a flag of convenience. However, the
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vessel flying flag of convenience is difficult to obtain qualification to engage in the maritime transport
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:m*Z&A2c%]$Y1f7]FOB Business Forumbetween the Chinese ports. As a result, the buyers maybe not reach the purpose of purchasing the
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second-hand vessel. Thirdly, the buyers must also ascertain built country, classification,
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.}9k7m+~ M#s&Q/l"p[A Professional Business Forum]deadweight tons, engine type and horsepower, etc. the more particular are the standards set, the more
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possibly the vessels are finally bargained after original selection. But the buyers should practically set the
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![4Q(f8p$A%m7kforum.fobshanghai.comstandards for purchasing second-ship vessel. Lastly, the buyers must decide appropriate bargain price
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#}-L+a%A#oFOB Business Forumand the price should match other standards. When vessel type and tonnage are fixed, the price depends
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on age of vessel, situations of vessel, design grade of vessel, etc.
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The buyers to prepare much for purchase
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The buyers should prepare much before purchase, including but not limited to purchase qualification and
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4u;|,d$z+b.R[A Professional Business Forum]operation qualification, payment, application some certificates and practical operation, etc.
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Firstly, the buyers ought to obtain relevant qualification for engaging in international or between Chinese
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ports carriage by ocean. The buyers ought to obtain approval from their superior in charge to purchase
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second-hand vessel. If the buyers import second-hand vessel overseas, they ought to apply to Ministry
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#`(k0P)\*J1W:z;q+{%[*x:V[A Professional Business Forum]of Communications of China and competent authorities of mechanical and electrical products imports
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$j0o(O8n)g1k7{(Fforum.fobshanghai.comand exports for approval, as well as apply to custom for payment or abatement of tariff. Secondly, the
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buyers ought to prepare for payment. According to international practices, the buyers usually prepay the
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9Q4w'G!J2p2|FOB Business Forumdeposit of 10 per vessel price to the sellers after survey on board if the buyers think the said vessel
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,B.o7x!U3tFOB Business Forumsuitable. The else of vessel price is usually paid before deliver and acceptance of the said vessel. In
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addition, the buyers should prepare for purchase of the second-hand vessel in finance, operation, safety
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"Q5z/M7z%w%a2y"\7ebusiness forum,trade forum,business opportunity,Business China,Business India,Brazil businesson sea, engine management and set up safety management system, man seaman provided with
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.S8g)R,w:?7h5|;Cforum.fobshanghai.comqualification certificate. Thirdly, the buyers ought to prepare materials for application of second-hand
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vessel certificates. If the buyers do not plan to change the said vessel??s nationality, some present vessel
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certificates need not apply renewedly. Besides, the buyers may prepare relevant materials for application
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for vessel certificate after acceptance of the second-hand vessel. Even the buyers may apply in advance
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4l+w'|.n3K4E0a*b#W8QFOB Business Forumsome temporary certificate before acceptance so that the buyers shall operate the said vessel as soon
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as they accept the vessel. Lastly and very importantly, the buyers and the sellers are both provided with
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5f)v,h/@%u9H!|resolution of the shareholders convention or the board of directors of the companies on agreeing to
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#X+V:m+Z9^,c1p.NFOB Business Forumpurchase or sale of the said vessel, or else, the vessel sale contract is probably deemed void when the
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'K,{)j4~!Y%z7G:lFOB Business Forumparties have disputes on the contract.
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The disputes of the second-hand vessel sale contract are often affected by shipping markets.
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When tremendous changes excess the buyers?? and/or the sellers?? foresight in shipping market happens,
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probability of dispute will greatly increase. If shipping markets are good and the freight is increasing, the
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0e.{"r2I.K&Lforum.fobshanghai.comprice of the vessel is certainly rising. At the time, the buyers are not choosy about the defect of the vessel
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%d2d*S8M4[8G.w(o.]FOB Business Forumto terminate the contract or demand a lower price, but the sellers will be very particular with the buyers??
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.]#_2m(@/M D-r-{7j5jperformance. On the other hand, when the shipping markets are stagnant, the situation will be opposite.
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The buyers ought to weigh upon shipbrokers?? roles and identify good shipbrokers
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Shipbrokers are very important during the second-hand vessel sale and purchase. For example, they
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;b*C,H,E1v*~6~-Pforum.fobshanghai.complay a role, sometimes a key role in supplying suitable information for the buyers, passing on offer and
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counter-offer, negotiating sale clauses, survey on board, deliver and acceptance of the said vessel, even
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claim by the buyers, dispute settlement, etc. Therefore, the buyers ought to select competent
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5f$W;t.O.{'Kshipbrokers. In the second-hand vessel sale, the buyers?? risk is greater than the sellers, especially
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}6["U)h5m4A$J/J)k4R[A Professional Business Forum]purchase from a single-vessel company. The buyers may learn about fame, efficiency and operation size
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of shipbrokers and their company.