Supply Contract
Contract No.: YD4080402
Signing Place: Anzhen Town, Wuxi
Party
A:
Jiangsu Yadea Science & Technology Development Co., Ltd.
Party
B:
Changxing Chisen Electric Co., Ltd.
Validity
period of this Contract: January
1, 2008
through
January
1, 2009
(after
the expiration of this Contract and prior to the signing of new contract, if
both parties have business to be continued, this Contract shall continue to
be
effective).
After
friendly consultation and in the principle of mutual benefit and common
development, both parties hereby enter into this Contract and hereby agree
as
follows:
I
Party A
shall provide Party B will the following products:
Order
|
Product Name
|
Specification
|
Unit
|
Unit Price
|
Remarks
|
|||||
1
|
Lead-acid battery
|
48V10AH
|
Set
|
4 batteries each set
|
||||||
2
|
Lead-acid battery
|
48V12AH
|
Set
|
4 batteries each set
|
||||||
3
|
Lead-acid battery
|
48V16AH
|
Set
|
4 batteries each set
|
||||||
4
|
Lead-acid battery
|
48V20AH
|
Set
|
4 batteries each set
|
II
In the
event of rise or fall in price pf raw materials, both parties agree to carry
out
the new price after consultation.
III
Packing Method:
1.
|
Packed
with carton, with product name, quantity, specification clearly marked
outside.
|
2.
|
Upon
the request by Party A, Party B may provide special package but the
costs
arising therefrom should be born by Party
A.
|
IV
Quality Warranty
Party
B
shall provide Party A with the battery in compliance with Party A's requirement
as detailed in the quality and technical agreement entered into between both
parties.
V
Supply
Service
1.
|
Party
B shall provide Party A with the products at its lowest price, otherwise,
Party B shall make compensation for Party A ten times the values
of all
products supplied previously.
|
2.
|
Party
B shall return Party A’s order within 6 hours after its receipt, or it
shall be deemed that Party B accepts all contents thereon.
|
3.
|
The
delivery time, specific product name and specification shall be subject
to
the purchase order.
|
4.
|
If
Party A stops production as a result of Party B’s delayed supply of goods,
Party B shall compensate Party A according to the standard of RMB2,000
per
hour.
|
5.
|
In
the event of change of order, Party A shall give Party B a notice
of two
days.
|
6.
|
If
Party B’s products can’t meet Party A/s technical standard, such products
should be depreciated by 5%~10% of such lot upon the consent of Party
A.
For three continuous unconformity, Party A will suspend Party B’s supply
of goods and Party B shall compensate Party A for all its losses
arising
therefrom.
|
7.
|
Party
B shall hold in confidentiality Party A’s special requirements for goods
and may not provide the related information to other party; otherwise,
Party B shall compensate Party A for all its losses arising
therefrom.
|
8.
|
Party
B shall supply the goods to Party A in accordance with the quantity
required. The products that Party A does not want may be returned
to Party
B. If Party B fails to supply Party A the products wanted, it shall
compensate Party A for all its losses arising
therefrom.
|
9.
|
The
Party B’s supply time error may not exceed 5 days.
|
VI
Transportation: Party B shall deliver the products to Party A’s warehouse and
bear the expenses arising therefrom.
VI
After-sale Service:
(i)
1.
|
48V10AH
battery should have 15
months
of warranty period and should be replaced for free if found defective
within 8
months, or maintained for free if found defective within 8
to 15
months.
|
2.
|
48V12AH
battery should have 15
months
of warranty period and should be replaced for free if found defective
within 8
months, or maintained for free if found defective within 8
to 15
months.
|
3.
|
48V16AH
battery should have 15
months
of warranty period and should be replaced for free if found defective
within 8
months, or maintained for free if found defective within 8
to 15
months.
|
4.
|
48V20AH
battery should have 15
months
of warranty period and should be replaced for free if found defective
within 8
months, or maintained for free if found defective within 8
to 15
months.
|
5.
|
48V20AH
(electric motorcycle) battery should have 11
months
of warranty period and should be replaced for free if found defective
within 6 months, or maintained for free if found defective within
6
to 11
months.
|
(ii)
Party B shall be liable for after-sale service to all batteries used in Party
A’s entire vehicle since the date of leaving factory.
(iii)
For
the places in which Party B has no direct after-sale service and so entrusts
Party A, Party B shall bear all expenses arising therefrom.
VIII
Payment
1.
|
For
each payment, Party A shall deduct 10% of the money as after-sale
security, until such deduction reaches to RMB300,000. Such security
should
be paid off upon the expiration of the warranty period of last lot
of
products.
|
2.
|
Party
A shall pay Party B the money on the 30th
day of the month in which Party B supplies goods. The last payment
should
be paid in full within 1 month after Party B’s stopping of supply.
|
IX
Party
A shall be entitled to require Party B to develop relevant accessories prior
to
the termination of this Contract.
X
Without
the consent of Party A, Party B may not bilaterally stop the supply; otherwise
it shall compensate Party A for all its losses arising therefrom.
XI
Miscellaneous
1.
|
The
products supplied by Party B to Party A may not offend the intellectual
property of other party.
|
2.
|
Trademark:
if Party A entrusts Party B to print the words “Yadea” or “”,
Party B shall ensure such marked products only to be sold to Party
A;
otherwise, Party B shall pay Party A default fine of RMB100,000 for
each
time of default.
|
XII
Change of Contract
This
Contract may be changed by both parties after consultation in writing.
XIV
For
matters not mentioned herein, the Contract Law shall govern.
XV
This
Contract shall be executed in two copies, one for each party.
Party
A:
Jiangsu Yadea Science & Technology Development Co., Ltd. (seal)
Signature:
/s/ Authorized Representative
Date:
April 20, 2008
Party
B:
Changxing Chisen Electric Co., Ltd. (seal)
Signature:
/s/ Authorized Representative
Date:
April 22, 2008