MONOCRYSTALLINE SILICON MODULAR LONG TERM SUPPLY SUPPLEMENTAL AGREEMENT (English Translation)
MONOCRYSTALLINE
SILICON MODULAR
LONG
TERM SUPPLY
SUPPLEMENTAL
AGREEMENT
(English
Translation)
Entered
by
Tianjin
Huan-ou Semiconductor Technology Inc. Ltd.
And
Perfectenergy
(Shanghai), Co. Ltd.
Date:
January 21, 2009
|
I.
|
The
Parties
|
Seller:
Tianjin Huan-ou Semiconductor Technology Inc, Ltd. (hereinafter, known as
“Seller”)
Address:
Xx. 00 X Xxxxxx Xx., Xxxxxxx Xxxxxxxxxx Xxxxxxxx (Huanwai)
Tianjin,
China
Business
License Number: 120193000006017
Legal
Representative: Donghu Jin
Buyer:
Perfectenergy (Shanghai), Ltd. (hereinafter, known as “Buyer”)
Address:
Xx. 000 Xxxx Xxxxxxxxx Xx.,
Xxxxxxxx,
Xxxxx
Business
License Number: 310000400431094
Legal
Representative: Xxxxxx Xx
|
XX.
|
Background
|
|
2.1
|
The
Seller is a manufacturer of semiconducting silicon and solar
monocrystalline silicon.
|
|
2.2
|
The
Buyer is a manufacturer of solar cell
module.
|
|
2.3
|
The
Parties have entered into a Monocrystalline Silicon Modular Long Term
Supply Contract in August, 2008 (hereinafter, known as “the Original
Contract”) to ensure the rights and obligations of the parties in the
sales and purchases of monocrystalline silicon modular during the agreed
term of 5 years from the signing date to December 31,
2013.
|
|
2.4
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The
global market of polycrystalline silicon and monocrystalline silicon has
experienced a significant change at the end of 2008. Therefore, the terms
and conditions under the Original Contract now discord with the long term
benefit of the Parties.
|
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III.
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Supplemental
Terms
|
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3.1
|
The
following supplemental terms are agreed and entered into by and between
the Parties after negotiation.
|
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3.2
|
Section
4.2 and Appendix 4 of the Original Contract are revised as: the price for
the purchased product shall be negotiated by the Parties based on the
market price. The agreed price and price floatation limit are no longer
effective.
|
|
3.3
|
The
deadline of advance payment in Section 4.3.1 of the Original Contract is
changed to 4/20/2009.
|
|
3.4
|
The
Condition B of the conditions of effectiveness under Section 9.1 of the
Original Contract is revised as: when condition A satisfied, the parties
agree that the Agreement becomes effective on January 1,
2009.
|
|
3.5
|
This
Agreement is a part of Appendix 6: Supplement Agreement and Modification
of the Original Contract.
|
Seller:
Tianjin Huan-ou Semiconductor Technology Inc, Ltd.
Address:
Xx. 00 X Xxxxxx Xx., Xxxxxxx Xxxxxxxxxx Xxxxxxxx (Huanwai), Tianjin,
China
Signature:
Stamp:
Title:
Date:
Buyer:
Perfectenergy (Shanghai), Ltd.
Address:
No. 000 X Xxxxxxxxx Xx., Xxxxxxxx, Xxxxx 000000
Signature:
Stamp:
Title:
Date:
