HARDWARE EQUIPMENT PURCHASE AGREEMENT
Purchaser: (“Party A”) Xxxxxx
Information Technology (Beijing) Co., Ltd.
Purchaser Address: RoomA1002,
Boya International Center, Lize Zhongyilu, Chaoyang District,
Beijing
Venditor: (“Party B”) Xi’an
Tianhu Communications Co., Ltd.
Venditor Address: 7th floor,
Fengye Tower No.A Gaoxin road, Gaoxin District, Xi’an
In
accordance with the Contract Law of the People’s Republic of China and other
relevant laws and regulations of the People’s Republic of China (“PRC”), with
friendly discussion about server purchase, the Parties hereby agree as
follows:
TARGETS
After
consultations among the Parties, Party A has the decision to purchase server
form Party B. The target of this agreement is RMB 1,620,024Yuan.
COMMUNICATION
SERVERS, PRODUCT TYPE, BASIC EQUIPMENT, NUMBER, UNIT PRICE
|
1.
|
Server
Manufacturer: DELL
|
|
2.
|
Product
Type: Sever DELL R710, array
Power Vault MP 3000
|
|
3.
|
Server
Basic Equipment: 5520/8G FBD DDR3/300G
SAS *2
|
|
4.
|
Array
Basic Equipment: IT SATA
*15
|
|
5.
|
Number:
Server:
84 Array: 12
|
|
6.
|
Server
Unit Price: 15286
Yuan
|
|
7.
|
Array
Unit Price: 00000
Xxxx
|
XXX,
XXXXXXXX AND TIME OF DELIVERY
|
1.
|
Way
of Delivery: actuals ( include software installation, program debug, shall
work when
power-on )
|
|
2.
|
Location
of Delivery: Designated place by the Party
A
|
|
3.
|
Time
of Delivery: 20th,
Jan 2010
|
QUALITY
STANDARD, ASSEMBLE AND INSTALL, ACCEPTANCE INSPECTION
|
1.
|
According
to the product description provided by the manufacturer, guarantee to
reach the quality standard of
products.
|
|
2.
|
Party
A shall, before acceptance, conduct the sample acceptance tests. Party B
shall guarantee that replace the poor quality products which do not
include in the sample of test within 7
days
|
AFTER-SALE
SERVICE
|
1.
|
Hardware
of server, array is guaranteed for 3 years. Software is
guaranteed for
1 years after the date of
appraisal;
|
|
2.
|
Except
the standard of manufacturer, party B shall provide the technical support
to the software which developed by Party B itself, after-sale service
shall be kept above the standard of manufacturer for the after-sale
service of server and array;
|
|
3.
|
Party
B shall provided technical support and service when Party A have technical
problems including but not limited to server connection, network
connection, software and hardware support for
free;
|
|
4.
|
Party
B shall responsible for the work of maintenance which shall not be assign
to third party for confidential of Party
A.
|
PAYMENT
TERM
Sales
amount 1,620,024Yuan should
be deposited by Party A after check and accept the qualification of
goods.
DEFAULT
RESPONSIBILITY
|
1.
|
Exclusive
of force majeure provided by the Contract Law of the People’s Republic of
China, as a breach of contract of Party A if in the following
circumstances:
|
|
1)
|
Party
A shall pay the liquidated damage at an amount of 0.5% in total
payment for goods to Party B, if Party A rejects products without any
justified reason.
|
|
2)
|
Party
A shall pay the late fee at an amount of 0.1% in total
target amount of the agreement to party B, if Party A can not pay the
payment on time in the period of payment as stipulated in the
agreement.
|
|
2.
|
Exclusive
of force majeure provided by the Contract Law of the People’s Republic of
China, as a breach of contract of Party B if in the following
circumstances:
|
|
1)
|
Party
B shall pay the late fee at an amount of 0.5% per day in
total target amount of the agreement to Party A, if Party B delayed
delivery.
|
|
2)
|
In
addition to charge late fees in accordance with present article 1), Party
A entitled to terminate the Agreement for Party B delayed delivery in
excess of 3 days.
|
|
3)
|
Party
B shall arrived at worksite of Party A to do the maintenance or service
within 24 hours when Party B get the notice asking technical support or
service in writing or by telephone form Party
A.
|
DISPUTE
RESOLUTION
As the
dispute resolution of the agreement, the parties shall choose one of the
following schemes:
|
1)
|
The
Parties shall attempt to resolve any such dispute about this Agreement. If
the dispute cannot be resolved in the aforementioned manner, the Parties
shall agree to submit to the Beijing Arbitration Commission
(“BAC”).
|
|
2)
|
The
Parties shall attempt to resolve any such dispute about this Agreement. If
the dispute cannot be resolved in the aforementioned manner, the Parties
shall agree to charge to the competent court within
China.
|
MISCELLANEOUS
|
1.
|
This
Agreement is executed in two (2) originals, with each Party holding one
(1) set of originals has equal legal effect, and shall become effective as
of the date when this Agreement is duly signed by the Parties. The Parties
shall attempt to resolve any other matters not mentioned herein. If the
matter cannot be resolved in the aforementioned manner, the Parties shall
agree to charge to the competent court in the location of Party
A.
|
|
2.
|
Mutual
consent to sign a supplementary agreement if the Agreement cannot be
executed or need to amend. Supplementary agreement has equal legal effect
with the Agreement.
|
Party A :
Xxxxxx Information Technology (Beijing) Co., Ltd.
Person:
Date:
Party B:
Xi’an Tianhu Communications Co., Ltd.
Person:
Date:
6th,
Jan. 2010
