SUPPLY CONTRACT (English Translation)
Exhibit
10.9
(English
Translation)
This
agreement is entered into by and between Perfectenergy (Shanghai), Ltd.
(hereinafter,
known as "Party A") and
Shanghai Solar Power Technology Research Center (hereinafter,
known as "Party B")
in
accordance with the Economic
Contract Laws of the People's Republic of China.
This
contract is the product of coordination and negotiationsbetween the two
parties.
The
product mentioned below will be supplied by Party A to Party B. Both parties
also agree to the following:
| 1. |
Content
of supply
|
| 1) |
125
mm x 125 mm monocrystalline silicon solar modular with
coating
|
| 2) |
125
mm x 125 mm monocrystalline silicon solar film battery (average efficiency
16%)
|
| 2. |
Pricing
|
| 1) |
Party
A charges 51.50 RMB/piece for each silicon chip with
coating.
|
| 2) |
Party
A charges 00 XXX/xxxx for each solar film
battery
|
| 3. |
Specifications
|
Specifications
must follow the technical agreement signed by both parties.
| 4. |
Supply
quantities
|
| 1) |
Per
request, Party A to supply 150,000 pieces to 200,000 pieces of coated
silicon to Party B on a monthly basis.
|
| 2) |
Per
request, Party A to supply 100,000 pieces of solar film battery to
Party B
on a monthly basis.
|
| 5. |
Delivery
|
Per
Party
B’s request, Party A to deliver the finished goods one week after receiving
Party B’s order.
| 6. |
Payment
terms
|
Party
B
to pay Party A three days after the order is issued.
| 7. |
Packaging
requirements
|
Party
A’s
packaging must comply with public transportation regulations.
| 8. |
Place
of delivery
|
The
goods
shall be delivered to the factory specified by Party B. Party A is responsible
for transportation costs.
| 9. |
Product
inspection
|
| 1) |
After
receiving the products, and within five business days of receipt, Party
B
will inspect the quantity and quality based on the specifications listed
in this contract. If there is anything that does not match the contract,
Party B shall notify Party A in writing. No written feedback from Party
B
shall be regarded as Party B’s acceptance and approval of all the goods.
|
| 2) |
For
any silicon chip that does not meet the specifications listed in the
contract, Party B may request from Party A a refund for the corresponding
defective good(s), or a replacement of products that meet the quality
standard.
|
| 3) |
The
ratio of broken chips upon opening the carton shall not be higher than
1%.
|
| 10. |
Dispute
resolution
|
If
there
is any dispute during the term of this contract, both parties shall attempt
to
resolve the dispute through negotiations. If the dispute remains unresolved,
a
lawsuit may be filed in a court where this contract is established, and the
court’s decision shall govern.
| 11. |
Others
|
| 1) |
Any
topics or terms that are not covered in this contract shall be reviewed
and negotiated by both parties.
|
| 2) |
This
contract will not come into force until signed by both parties with
stamps. Each party will hold one copy of this contract.
|
| 3) |
A
fax copy of this contract with signature is also effective.
|
| 4) |
Each
representative of Party A and Party B are authorized by such party
to
ensure the execution of this contract.
|
|
Party
A:
|
Party
B:
|
|
Perfectengergy
(Shanghai), Ltd.
|
Shanghai
Solar Power Technology
|
|
Xx.
000 Xxxx Xxxxxxxxx Xxxx,
|
Xxxxxxxx
Xxxxxx
|
|
Xxxxxxxx,
Xxxxx 000000
|
Xx.
000 Xxxxx Xxxxxxxxx Xxxx,
|
|
Xxxxxxxx,
Xxxxx 201108
|
|
|
Signature
|
Signature
|
|
Date
|
Date
|
|
Stamp
|
Stamp
|
