Confidential Exhibit 10.5
(English Translation of the Original Contract in Chinese)
SILICON SUPPLY AGREEMENT
Contract Number: SF060706GP
Place of Signing: Qidong, Jiangsu Province
Date of Signing: July 6, 2006
The Seller: ReneSola Co., Ltd.
The Buyer: Jiangsu Linyang Solarfun Co., Ltd.
This Contract is entered into by and between the Buyer and the Seller after
friendly negotiations, whereby the Seller agrees to supply silicon wafers to the
Buyer as follows.
Article 1. Name of Products, Technical Specifications, Quantity, Price and
Delivery Schedule:
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NAME OF PRODUCTS TECHNICAL SPECIFICATIONS QUANTITY PRETAX UNIT DELIVERY SCHEDULE
PRICE
(RMB
YUAN/PIECE)
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1. Type: Type P
2. Width of silicon wafers: 125+/-0.5mm
3. Diameter of silicon wafers: 150+/-0.5mm
4. Thickness of silicon wafers: 220(+30/-0)(u)m
5. Resistivity: 0.5~3 (ohm symbol).cm,
3~6 (ohm symbol).cm
6. Minority carrier lifetime: > or = 8 (u)s
7. Surface damage: <15 (u)m
8. Cutting mode: multi-thread cutting 0.4 million pieces
shall be supplied
9. Crystal orientation: (100)+/-1 degree per month during
the period from
10. TTV < or = 30 (u)m January 2007 to
Monocrystalline June 2007, then
Silicon Wafer 11. Vertical angle: 90 degrees+/-0.3 degrees 6 million pieces [*] 0.6 million pieces
shall be supplied
12. Oxygen concentration: < 1x10(18)at/cm(3) per month until
December 2007.
13. Carbon concentration: < 5x10(16)at/cm(3)
14. Dislocation Density: < or = 3x10(3)/cm(2)
15. Notch: notch of crystal orientation shall be
no bigger than 1x0.3mm, and there shall be no
more than one notch on each wafer.
16. Broken edge: broken edge of wafers shall be
no bigger than 1x0.5 mm, and there shall be no
more than one on each wafer.
17. No stain and abnormal spot on surface. No
curve under naked eyes.
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Total Price [*]
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*Confidential Treatment Requested. The redacted material has been separately
filed with the Securities and Exchange Commission.
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Article 2. Quality Requirement and Technical Standards: as set forth above
in this Contract.
Article 3. Place and Manner of Delivery: The products shall be delivered to
the warehouse of the Buyer.
Article 4. Manner and Cost of Transportation: The Seller shall be
responsible for delivery and bear the cost.
Article 5. Packaging Standard: Suitable for long-distance transportation of
solar-grade monocrystalline silicon wafers.
Article 6. Standard and Manner of Inspection and Period for Objection: After
each delivery of the silicon wafers to the Buyer, the Buyer shall
conduct full inspection of such silicon wafers pursuant to the
specifications set forth herein before warehousing within a
period of one workday for each 30 thousand pieces of silicon
wafers. Silicon wafers shall be deemed defective if they are not
in conformity with the specifications set forth herein, and the
Seller shall remedy the defect by one-to-one replacement within 7
days. If the Buyer discovers during the inspection that the
quantity of any silicon wafers delivered is lower than the
contract stipulated quantity, the Seller shall make up such
shortfall within 7 days.
Article 7. Terms of Payment: After this Contract is signed, the Buyer shall
pay RMB30 million by July 12, 2006, another RMB30 million by July
31, 2006, and RMB40 million by August 18, 2006 as deposits. Such
deposit totaling RMB100 million will be set off against the
payment for each shipment of products on an average basis. The
remaining payment for each shipment of products shall be paid
based on the actual quantity of such shipment of products within
2 workdays after inspection and warehousing of the products by
the Buyer.
Article 8. Effectiveness of the Contract: This Contract shall take effect
upon execution and terminate when all the obligations hereunder
have been performed.
Article 9. Liabilities for Breach of Contract: (1) If there is delay of
payment by the Buyer over 7 workdays, then this Contract shall be
terminated. (2) If either party fails to perform any of its
obligations hereunder, the breaching party shall pay the
non-breaching party liquidated damages equal to 1% of the amount
in issue per month and this Contract shall continue in effect.
(3) If this Contract is rendered unable to be performed due to a
breach by either party hereto, the breaching party shall be
liable under the Contract Law of the People's Republic of China.
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Article 10. Any dispute in connection with the performance of this Contract
shall be settled through negotiations between the parties hereto.
If no settlement can be reached, the dispute shall be submitted
for arbitration to the arbitration commission in the place where
this Contract is signed.
Article 11. Miscellaneous: This Contract shall become effective after signed
by and affixed with Companies' Seals of both parties. This
Contract shall be executed in four originals, with each party to
hold two. This Contract can be signed by fax. The Seller shall
supply no less than 25MW silicon wafers to the Buyer in the year
2008 and the price shall be negotiated separately. The price can
vary in accordance with the thickness of silicon wafers.
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The Seller The Buyer
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Name of the Company (seal): ReneSola Co., Ltd. Name of the Company (seal): Jiangsu Linyang
Solarfun Co., Ltd.
Address: Yaozhuang Zhen Industrial Park, Jiashan, Address: 000 Xxxxxxx Xxxx, Xxxxxx, Xxxxxxx
Xxxxxxxx Xxxxxxxx Xxxxxxxx
Legal Representative: Li Xianshou Legal Representative: Xx Xxxxxxx
Authorized Agent: Li Xianshou Authorized Agent: Xx Xxxxxxx
(SIGNATURE) (SIGNATURE)
Tel: 0000-0000000 Tel: 0000-00000000
Fax: 0000-0000000 Fax: 0000-00000000
Bank Name: Industrial and Commercial Bank of China, Bank Name: Bank of China, Qidong Branch,
Jiashan Branch Business Department
Account No.: 1204070009242025955 Account No.: 647032159808091001
Tax No.: 330421753019961 Tax No.: 320681765140726
Code: 314117 Zip Code: 226200
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