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Exhibit 10.31
Translation
PURCHASE CONTRACT
Party A: Baoding Tianwei Yingli New Energy Resources Co., Ltd. Contract No.: YLXG070418
Party B: Sichuan Xinguang Silicon Science and Technology Co., Ltd. Date of Execution: April 10, 2007
After friendly discussions, in accordance with the Contract Law of People's
Republic of China, Party A and Party B hereby enter into this contract (this
"Contract") in Baoding, Hebei Province.
I. Product Description, Specification, Quantity, Unit Price and Total
Price:
Product Specification Time of Quantity Unit Price (per Total Price
Description Delivery kilogram, tax
included)
------------------ ------------------- ---------------- ------------- --------------------- ---------------------
Solar Grade Please see By December 200 Tons 0000 XXX 330,000,000 (In
Silicon Exhibit I 31, 2007 Words): Three
Washing-free (Product Hundred and Thirty
Specification Million
Description) for (Tax Included)
details.
Product Specification Time of Quantity Unit Price (per kilogram, tax
Description Delivery included)
------------------ -------------------------- ---------------- ------------ -------------------------------------
Solar Grade Please see Exhibit I By December 1,000 Tons Fluctuates with the Market Price in
Silicon (Product Specification 31, 2008 2008
Washing-free Description) for details.
II. Transportation and Packaging Criteria:
The seller shall be responsible for delivery of the goods to Baoding
Tianwei Yingli New Energy.
Packing Criteria: Plastic Packaging: 5 kilograms/package.
III. Time of Delivery:
The shipment shall be made within 30 days after the Contract has been
signed;
All goods to be delivered in 2007 shall be delivered in batch to the
place of delivery designated by the purchaser by December 31, 2007.
IV. Acceptance Method:
1. An acceptance test shall be made with respect to the brand,
quantity, type, specification and defects in appearance within 15
days after the goods have been delivered to the purchaser's
plant.
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2. Acceptance Method: Sample Test.
3. In the event of any dispute in connection with the acceptance,
the relevant State inspection authority shall conduct a test for
the products in accordance with the inspection criteria and
methods for solar grade silicon washing-free materials,
V. Terms of Payment:
100% Advance Payment: the seller shall give notice to the purchaser at
least 7 days prior to delivery, and the purchaser shall make advance
payment for all goods in this batch within 7 days; and the seller shall
issue the VAT invoice (at a tax rate of 17%).
VI. Liability for Breach
In the event that either party breaches this Contract during the term
hereof, the breaching party shall be liable for all responsibilities,
including, but not limited to, actual losses, and litigation fees,
attorney's fees and travel fees in connection with such liability.
During the effective term hereof, Party A and Party B shall fully
perform their obligations hereunder. In the event that either party
fails to perform this Contract for any special reason, it shall give
written notice to the other party hereto at least 90 days in advance;
provided that the obligations of the parties hereto may only be revoked
upon mutual agreement after friendly discussions with the other party
hereto; and provided further that the liquidated damages shall be
settled by the parties hereto through consultation.
VII. Anything not addressed herein shall be solved by the parties through
consultation. If no settlement can be reached through such
consultation, the parties agree that either party may bring such
dispute for judgment before the People's Court of competent
jurisdiction where this Contract is executed.
VIII. This Contract shall be executed in two (2) copies with each of the
Party A and Party B holding one (1) copy, all of which shall become
effective upon execution by the parties (a faxed copy of which shall be
valid).
Purchaser: Baoding Tianwei Yingli New Energy Seller: Sichuan Xinguang Silicon Science
Resources Co., Ltd. (Seal) and Technology Co., Ltd. (Seal)
Representative: /s/Xxxx Xxxxxxxx Representative: /s/Xxxx Xxxxxxxx
Address: 3055 Fuxingzhong Road, Baoding, Address: Leshan High&New Tech Industrial
Heibei Development Zone, Leshan
Telephone: 0000-0000000 Telephone: 0000-0000000
Fax: 0312-8929800 Fax: 0000-0000000
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SUPPLEMENTAL AGREEMENT
Party A: Baoding Tianwei Yingli New Energy Resources Co., Ltd.
Party B: Sichuan Xinguang Silicon Science and Technology Co., Ltd.
Date: April 10, 2007
With respect to the
purchase contract entered into by Party A and Party B on
April 10, 2007 (Contract No: YLXG070418) (the "
Purchase Contract"), the parties
hereby further agree as follows:
The quantity of the goods to be delivered as set forth in Article I of the
Purchase Contract (Contract No: YLXG070418) shall be subject to the actual
quantity produced by Party B, and shall not be contractually binding upon Party
B. The parties shall have the friendly cooperation spirit, and Party B shall use
its best endeavors to assist Party A with the purchase of polycrystalline
silicon.
Party A: Baoding Tianwei Yingli New Energy Party B: Sichuan Xinguang Silicon Science
Resources Co., Ltd. (Seal) and Technology Co., Ltd. (Seal)
Representative: /s/Xxxx Xxxxxxxx Representative: /s/Xxxx Xxxxxxxx
Address: 3055 Fuxingzhong Road, Baoding, Address: Leshan High&New Tech Industrial
Heibei Development Zone, Leshan
Telephone: 0000-0000000 Telephone: 0000-0000000
Fax: 0312-8929800 Fax: 0000-0000000
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Exhibit I
Product Specification Description
1. Phosphorus test: type N, resistivity >100 XXXXX.xx; Boron test: type
P, > 1000 XXXXX.xx; minority carriers lifetime >100 OM s; oxygen
content: less than 10 to the 17th power/cm cubed; carbon content: less
than 10 to the 16th power/cm cubed
2. There shall be no oxidizing layer or insoluble substance.
3. Chunk: diameter >40mm
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