OFFICE OF THE ADMIRALTY MARSHAL
Supreme Court
Gibraltar

ADMIRALTY MARSHAL’S CONDITIONS OF SALE

 

  1. All bids are to be submitted in writing to the office of Howe Robinson Partners (Gibraltar) Limited, Suite 4, 3rd Floor, Leon House, 1 Secretary’s Lane, Gibraltar, either
    1. in a sealed envelope marked with the name of the vessel and in the format as provided, or
    2. by fax to Howe Robinson Partners (Gibraltar) Limited, by (fax number +350 20075730) also in the format which can be downloaded from the website, or
    3. via the on-line bid form (see www.hrpauctions.com)
  2. Bids must be received at the office of Howe Robinson Partners (Gibraltar) Limited, by latest noon Gibraltar local time on the day as advertised. However fax and on-line bids should not be sent more than 36 hours earlier.
  3. All bidders, or their appointed Agents, will be notified by fax or e-mail by Howe Robinson Partners (Gibraltar) Limited, acting on behalf of the Admiralty Marshal, as to the outcome of sale.

SUBJECT MATTER OF SALE

  1. In these conditions the expression ‘the Vessel’ means the Vessel agreed to be sold with everything on board belonging to her, but excluding any equipment on hire (see clause 13).
  2. The Buyer shall take over and pay extra for the unused bunker fuel and lubricants remaining on board her (if any) in accordance with clauses 5, 6 and 7 below.

BASIS OF SALE

  1. The Buyer undertakes that in making his offer, he has not relied upon any information which he may have been given by or on behalf of the Admiralty Marshal, or the Admiralty Marshal’s broker and that he has relied solely upon his own inquiries and/or inspection.
  2. The Vessel is sold on a strictly ‘as is/where lies’ basis as at the time and date of delivery to the buyers, with all her faults and all errors of description whatsoever. The Buyers shall not be entitled to reject the Vessel nor to claim any damages or diminution in price, by reason of any fault of, or in, the Vessel, or any error of description whatever.
  3. Payment shall be made by the Buyer in cash in Sterling, or United States Dollars, in Gibraltar to the Admiralty Marshal, net of all bank charges, as follows –
    1. within three Gibraltar banking days of acceptance of the offer, 10 pct of the purchase price;
    2. within five Gibraltar banking days after receipt of the 10 pct referred to in (a) above;
      1. the balance of 90 pct of the purchase price, and
      2. a sum in respect of bunker fuel and lubricants (if any) calculated in accordance with clause 6.
  4. The sum (if any) payable in respect of unused bunker fuel and lubricating oil shall be calculated by reference to –
    1. the quantities (if any) remaining on board, unused, on the day of the Admiralty Marshal’s acceptance of the offer, allowances being calculated to cover the period from the sale of the vessel up to the time of physical delivery as per 5(b) above and
    2. the current delivered prices ruling in Gibraltar at the time of the sale.
    The quantities and prices shall be determined by the Admiralty Marshal or the Court appointed Surveyor and shall be deemed as binding and non negotiable.
  5. On completion of the payments referred to in clause 5 the Admiralty Marshal shall give and the Buyer shall take immediately delivery of the Vessel (together with her bunker fuel and lubricating oil).
  6. If the Buyer requires delivery of the Vessel to an Agent such Agent must produce the Buyer’s written authority to that effect, signed by the Buyer and addressed to the Admiralty Marshal.
  7. On delivery the Buyer shall receive the Admiralty Marshal’s Bill of Sale for the Vessel, showing the vessel to be free of all mortgages, maritime liens or any other debts, together with any documents belonging to the Vessel which are in the Admiralty Marshal’s possession.
    On receipt of the Admiralty Marshal’s Bill of Sale, the Buyer shall sign a protocol of delivery, duly acknowledging and accepting full responsibility for the vessel and will thereafter become responsible for the deletion of the vessel from the Ship’s Register as applicable to the vessel at the time of the vessel’s sale.
  8. Although the Bill of Sale will state that the vessel to be free of all mortgages, maritime liens or any other debts, the Admiralty Marshal shall not be responsible for any claims from third parties relating to the previous ownership of the vessel.

RISK etc.

  1. The Vessel shall be at the Buyer’s risk from the time when the payments referred to in clause 5 (b) are made or become due, whichever is earlier, and from that time all expenses relating to the Vessel, including dock, port, anchorage charges and other dues, shall be for the Buyer’s account.
  2. If the Vessel is lost, destroyed or damaged in any way whatsoever before the risks in the Vessel have passed to the Buyer under clause 11, the Admiralty Marshal may rescind the contract of sale by notice in writing to the Buyer and repaying to the Buyer, without interest or cost of compensation, any sums the Buyer has paid under clause 5.

DEFAULT OF BUYER

  1. If the Buyer is in default in making any of the payments referred to in clause 5, or is in any other respect whatsoever in breach of any of these conditions, the Admiralty Marshal shall have the right to exercise all or any of the following rights –
    1. by notice in writing rescind the contract and/or the sale;
    2. if the Buyer has made the payment referred to in clause 5(a) declare it to be forfeited to him;
    3. resell the Vessel by public or private sale;
    4. recover from the Buyer all losses, damages costs and expenses caused by the Buyer’s default including, in the event of such resale, any loss suffered as a result thereof;
    5. if the Buyer has made further payments besides that referred to in clause 5(a) retain in satisfaction, or part satisfaction, of the right or recovery given by sub-clause (d) above, the whole or part of such further payments not without prejudice to any other means of enforcing such right.

EQUIPMENT ON HIRE

  1. If any equipment of any kind on board the Vessel is on hire, it shall not be included in the sale but the Buyer shall make his own arrangements in respect of such equipment with its Owners, and if he fails to do so shall indemnify the Admiralty Marshal in respect of any claims arising from such failure.

Head Office

Howe Robinson Partners (UK) Ltd,
40 Gracechurch Street,
London EC3V 0BT.

Tel: +44 20 7457 8435
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