SALE OF VESSEL SAND DREDGER PHOENIX 88 BY PUBLIC TENDER UNDER COURT ORDER.
INTERESTED PARTIES are invited to tender for the purchase of the Tonga registered vessel Phoenix 88 as more particularly described below, (hereinafter referred to as “the Vessel”) by Ports Authority Tonga("PAT") under and pursuant to the terms of an Order for the Sale of the Vessel granted to PAT by the Supreme Court of Tonga on the 4th day of January 2022 (“the Court Order”), consequent upon non-payment of wharfage and mooring fees.
Details of the Vessel are as follows:
- Name of Vessel: Phoenix 88
- Registered Owner of Vessel: Fulong Dredging Tonga Company Limited (“Fulong”)
- Official Number: 209
- Call Sign: A3CE9
- Other Details: Sand Dredger, Gross Tonnage, 1276 tons, built in China in 1991, steel construction.
The Vessel is offered on an "as is where is" basis, and is presently moored at the Port of Nuku’alofa, nearing the Pangaimotu Island. The Tenderer(s) shall be responsible to conduct their own due diligence in respect of the Vessel, including but not limited to the condition of the vessel and its registration status under the Tonga Shipping Act, and PAT gives no representations, undertakings or warranties regarding the Vessel other than its right and authority to sell the vessel under and pursuant to the Court Order.
The highest or any tender need not necessarily be accepted.
Each tender bid is be accompanied by a bank cheque for the amount of 10% of the bid lodged, such cheque being payable to Ports Authority Tonga.
Deposits will be returned to the unsuccessful tenderers within fourteen days of the successful tenderer (if any) being determined
The successful tenderer will be notified in writing and will be required, as a condition precedent, to pay a further 10 % of the purchase price by bank cheque within five working days of being notified of the acceptance of their offer, and to enter into a formal agreement for the purchase of the property reflecting the terms of this tender and otherwise acceptable to PAT. If the further deposit is not paid and the tenderer has not signed the Agreement within that time, then any Agreement pursuant the tender and its acceptance shall, unless otherwise agreed in writing by PAT, be at an end and the deposit paid shall be forfeit to PAT.
All costs required for the completion of the sale and transfer of the vessel to the successful tenderer such as registration fees etc. shall be borne by the successful tenderer.
All bids will be deemed to be exclusive of consumption tax (if any), and any such tax will be payable by the successful the tenderer in addition to the purchase price.
PAT will not be liable for any costs associated with the vessel before or after the transfer of the vessel to the successful tenderer has been completed, provided that the unpaid mooring and wharfage fees due to PAT shall be extinguished against the vessel upon payment in full of the purchase price to PAT (but without releasing Fulong from its continuing liability for that debt).
All enquiries regarding the vessel should be directed to Mr. ‘Aisea Petelo, Ports Authority Tonga (phone no.23-168 )
Tenders close on the 13th day of May 2022 and should be delivered in a sealed envelope marked Phoenix 88 Tender and addressed to: -
Ports Authority Tonga
Ports Authority Building
Queen Salote Wharf
KINGDOM OF TONGA
Attn. Mr. ‘Aisea Petelo
No tenders will be received or considered after this date