Common use of Purchase Orders and Order Acknowledgements Clause in Contracts

Purchase Orders and Order Acknowledgements. SolarMax will issue each written purchase order to SunSpark through e-mail, fax or internationally recognized carrier. Such purchase orders shall contain the requested delivery dates. All such purchase orders shall be subject to the terms and conditions set forth in this Agreement. SunSpark shall, within five (5) Business Days after it receives any such purchase order, respond to such SolarMax purchase orders with a written order acknowledgement (a “SunSpark Order Acknowledgement”), which SunSpark Order Acknowledgement will set forth those requested SolarMax quantities for which SunSpark can then confirm a quantity (which quantity may be a partial quantity of the SolarMax purchase order) and an estimated shipment calendar week. Each SunSpark Order Acknowledgements shall reference the applicable SolarMax purchase order. Until such time as SunSpark has provided SolarMax with an SunSpark Order Acknowledgement for all Modules requested on a SolarMax purchase order, such purchase order shall not be deemed accepted by SunSpark for the full amount of Modules, but shall only be deemed accepted by SunSpark for that amount of Modules for which a confirmed quantity and shipment week has been provided. Unless expressly agreed in writing by SunSpark and SolarMax, no additional or different terms or conditions contained in any quotation, sales order, acknowledgement form, purchase order or other communication from SunSpark or SolarMax shall be binding upon SunSpark or SolarMax, and each Party hereby objects to any such additional or different terms or conditions. SolarMax shall, within seven (7) days after receipt of a SunSpark Order Acknowledgement, make arrangements for SunSpark to receive payment of 30% of the purchase price for that amount of Modules in the purchase order deemed accepted by SunSpark. To the extent there is any conflict among the terms and conditions of this Agreement, any SolarMax purchase order and any SunSpark Order Acknowledgement, the terms of this Agreement shall apply.

Purchase Orders and Order Acknowledgements. SolarMax Conergy will issue each a written purchase order to SunSpark MEMC through e-mailemail, fax or internationally recognized carriercarrier on at least a monthly basis. Such purchase orders shall contain the requested delivery dates. All such purchase orders shall be subject to the terms and conditions set forth in this Agreement. SunSpark MEMC shall, within five (5) Business Days after it receives any such purchase order, respond to such SolarMax Conergy purchase orders with a written order acknowledgement (a “SunSpark MEMC Order Acknowledgement”), which SunSpark MEMC Order Acknowledgement will set forth those requested SolarMax Conergy quantities for which SunSpark MEMC can then confirm a quantity (which quantity may be a partial quantity of the SolarMax Conergy purchase order) and an estimated shipment calendar week. Each SunSpark MEMC Order Acknowledgements shall reference the applicable SolarMax Conergy purchase order. Until such time as SunSpark MEMC has provided SolarMax Conergy with an SunSpark MEMC Order Acknowledgement for all Modules Wafers requested on a SolarMax Conergy purchase order, such purchase order shall not be deemed accepted by SunSpark MEMC for the full amount of ModulesWafers, but shall only be deemed accepted by SunSpark MEMC for that amount of Modules Wafers for which a confirmed quantity and shipment week has been provided. At all times during the term of this Agreement, unless otherwise mutually agreed by the parties, Conergy shall have provided MEMC with binding purchase orders requesting shipments of Wafers over at least the next ninety (90) days. Unless expressly agreed in writing by SunSpark MEMC and SolarMaxConergy, no additional or different terms or conditions contained in any quotation, sales order, acknowledgement form, purchase order or other communication from SunSpark MEMC or SolarMax Conergy shall be binding upon SunSpark MEMC or SolarMaxConergy, and each Party hereby objects to any such additional or different terms or conditions. SolarMax shall, within seven (7) days after receipt of a SunSpark Order Acknowledgement, make arrangements for SunSpark to receive payment of 30% of the purchase price for that amount of Modules in the purchase order deemed accepted by SunSpark. To the extent there is any conflict among the terms and conditions of this Agreement, any SolarMax Conergy purchase order and any SunSpark MEMC Order Acknowledgement, the terms of this Agreement shall apply.

Purchase Orders and Order Acknowledgements. SolarMax Suntech will issue each a written purchase order to SunSpark MEMC through e-mailemail, fax or internationally recognized carriercarrier on at least a monthly basis. Such purchase orders shall contain the requested delivery dates. All such purchase orders shall be subject to the terms and conditions set forth in this Agreement. SunSpark MEMC shall, within five (5) Business Days after it receives any such purchase order, respond to such SolarMax Suntech purchase orders with a written order acknowledgement (a “SunSpark MEMC Order Acknowledgement”), which SunSpark MEMC Order Acknowledgement will set forth those requested SolarMax Suntech quantities for which SunSpark MEMC can then confirm a quantity (which quantity may be a partial quantity of the SolarMax Suntech purchase order) and an estimated shipment calendar week. Each SunSpark MEMC Order Acknowledgements shall reference the applicable SolarMax Suntech purchase order. Until such time as SunSpark MEMC has provided SolarMax Suntech with an SunSpark MEMC Order Acknowledgement for all Modules Wafers requested on a SolarMax Suntech purchase order, such purchase order shall not be deemed accepted by SunSpark MEMC for the full amount of ModulesWafers, but shall only be deemed accepted by SunSpark MEMC for that amount of Modules Wafers for which a confirmed quantity and shipment week has been provided. At all times during the term of this Agreement, unless otherwise mutually agreed by the parties, Suntech shall have provided MEMC with binding purchase orders requesting shipments of Wafers over at least the next ninety (90) days. Unless expressly agreed in writing by SunSpark MEMC and SolarMaxSuntech, no additional or different terms or conditions contained in any quotation, sales order, acknowledgement form, purchase order or other communication from SunSpark MEMC or SolarMax Suntech shall be binding upon SunSpark MEMC or SolarMaxSuntech, and each Party hereby objects to any such additional or different terms or conditions. SolarMax shall, within seven (7) days after receipt of a SunSpark Order Acknowledgement, make arrangements for SunSpark to receive payment of 30% of the purchase price for that amount of Modules in the purchase order deemed accepted by SunSpark. To the extent there is any conflict among the terms and conditions of this Agreement, any SolarMax Suntech purchase order and any SunSpark MEMC Order Acknowledgement, the terms of this Agreement shall apply.

Purchase Orders and Order Acknowledgements. SolarMax Gintech will issue each a written purchase order to SunSpark MEMC through e-mailemail, fax or internationally recognized carriercarrier on at least a monthly basis. Such purchase orders shall contain the requested delivery dates. All such purchase orders shall be subject to the terms and conditions set forth in this Agreement. SunSpark MEMC shall, within five (5) Business Days after it receives any such purchase order, respond to such SolarMax Gintech purchase orders with a written order acknowledgement (a “SunSpark MEMC Order Acknowledgement”), which SunSpark MEMC Order Acknowledgement will set forth those requested SolarMax Gintech quantities for which SunSpark MEMC can then confirm a quantity (which quantity may be a partial quantity of the SolarMax Gintech purchase order) and an estimated shipment calendar week. Each SunSpark MEMC Order Acknowledgements shall reference the applicable SolarMax Gintech purchase order. Until such time as SunSpark MEMC has provided SolarMax Gintech with an SunSpark MEMC Order Acknowledgement for all Modules Wafers requested on a SolarMax Gintech purchase order, such purchase order shall not be deemed accepted by SunSpark MEMC for the full amount of ModulesWafers, but shall only be deemed accepted by SunSpark MEMC for that amount of Modules Wafers for which a confirmed quantity and shipment week has been provided. At all times during the term of this Agreement, unless otherwise mutually agreed by the parties, Gintech shall have provided MEMC with binding purchase orders requesting shipments of Wafers over at least the next ninety (90) days. Unless expressly agreed in writing by SunSpark MEMC and SolarMaxGintech, no additional or different terms or conditions contained in any quotation, sales order, acknowledgement form, purchase order or other communication from SunSpark MEMC or SolarMax Gintech shall be binding upon SunSpark MEMC or SolarMaxGintech, and each Party hereby objects to any such additional or different terms or conditions. SolarMax shall, within seven (7) days after receipt of a SunSpark Order Acknowledgement, make arrangements for SunSpark to receive payment of 30% of the purchase price for that amount of Modules in the purchase order deemed accepted by SunSpark. To the extent there is any conflict among the terms and conditions of this Agreement, any SolarMax Gintech purchase order and any SunSpark MEMC Order Acknowledgement, the terms of this Agreement shall apply.

Purchase Orders and Order Acknowledgements. SolarMax Tainergy will issue each a written purchase order to SunSpark MEMC through e-mailemail, fax or internationally recognized carriercarrier on at least a monthly basis. Such purchase orders shall contain the requested delivery dates. All such purchase orders shall be subject to the terms and conditions set forth in this Agreement. SunSpark MEMC shall, within five (5) Business Days after it receives any such purchase order, respond to such SolarMax Tainergy purchase orders with a written order acknowledgement (a “SunSpark MEMC Order Acknowledgement”), which SunSpark MEMC Order Acknowledgement will set forth those requested SolarMax Tainergy quantities for which SunSpark MEMC can then confirm a quantity (which quantity may be a partial quantity of the SolarMax Tainergy purchase order) and an estimated shipment calendar week. Each SunSpark MEMC Order Acknowledgements shall reference the applicable SolarMax Tainergy purchase order. Until such time as SunSpark MEMC has provided SolarMax Tainergy with an SunSpark MEMC Order Acknowledgement for all Modules Wafers requested on a SolarMax Tainergy purchase order, such purchase order shall not be deemed accepted by SunSpark MEMC for the full amount of ModulesWafers, but shall only be deemed accepted by SunSpark MEMC for that amount of Modules Wafers for which a confirmed quantity and shipment week has been provided. At all times during the term of this Agreement, unless otherwise mutually agreed by the parties, Tainergy shall have provided MEMC with binding purchase orders requesting shipments of Wafers over at least the next ninety (90) days. Unless expressly agreed in writing by SunSpark MEMC and SolarMaxTainergy, no additional or different terms or conditions contained in any quotation, sales order, acknowledgement form, purchase order or other communication from SunSpark MEMC or SolarMax Tainergy shall be binding upon SunSpark MEMC or SolarMaxTainergy, and each Party hereby objects to any such additional or different terms or conditions. SolarMax shall, within seven (7) days after receipt of a SunSpark Order Acknowledgement, make arrangements for SunSpark to receive payment of 30% of the purchase price for that amount of Modules in the purchase order deemed accepted by SunSpark. To the extent there is any conflict among the terms and conditions of this Agreement, any SolarMax Tainergy purchase order and any SunSpark MEMC Order Acknowledgement, the terms of this Agreement shall apply.