Three Party Strategic Cooperation Agreement
This
agreement is entered into by the following three parties:
A:
Tianjin Huanou Semiconductor Material Technology Co, Ltd
Address:
#000 Xxxxxxxx Xxxx, Xxxxxx Disrict, Tianjin
Zip:
300161
B:
Perfectenergy (Shanghai) Co., Ltd
Address:
#000 Xxxxxxx Xxxx, Xxxxxxxxx, Xxxxxxxx
Zip:
201100
C:
Shanghai Solar Science & Technology Co., Ltd
Address:
#555 Shennan Road, Xinzhuang Industrial District, Minhang District,
Shanghai
Zip:
201108
According
to the “The Economic Contract Law of the People’s Republic of China”, Parties A,
B and C sign this agreement after friendly negotiation. This agreement states
that Party A shall provide Party B solar silicon film, which Party B shall
process into velvet (textured) silicon film or solar cell film and shall
sell to
Party C.
|
1.
|
Party
B shall purchase the following item from Party
A:
|
CZ
solar
monocrystalline silicon film, the dimension is adjusted to 126mm X 126 mm
±0.5mm
quasi-side element, Diagonal Diameter F
=
150mm.
|
2.
|
Supply
Quantity and Delivery Time:
|
From
May
2007 to October 2007, the delivery quantity is listed as follows:
|
May
|
June
|
July
|
August
|
September
|
October
|
|
|
Total
(pieces)
|
150,000
|
450,000
|
450,000
|
450,000
|
450,000
|
450,000
|
The
product shall be delivered once a week.
|
3.
|
Payment
method between Party A and B:
|
From
the
date of signing this agreement, after Party A delivers the product to Party
B,
payment shall be calculated on the 11th,
18th
and
27th
of each
month and shall be paid in full for the month.
From
May
2007 to October 2007, the amount of payment is listed as follows:
|
May
|
June
|
July
|
August
|
September
|
October
|
|
|
Total
(pieces)
|
150,000
|
450,000
|
450,000
|
450,000
|
450,000
|
450,000
|
|
Payment
(Yuan)
|
7,050,000.00
|
21,150,000.00
|
21,150,000.00
|
21,150,000.00
|
21,150,000.00
|
21,150,000.00
|
|
4.
|
Party
C purchases the following product from Party
B:
|
126mm
X
126mm F
150mm
solar monocrystalline silicon film, with velvet (textured) surface
finishing
126mm
X
126mm F
150mm
solar monocrystalline silicon cell film
|
5.
|
Supply
Quantity and Delivery Time
|
From
May
2007 to October, 2007, the delivery amount is listed as follows:
|
May
|
June
|
July
|
August
|
September
|
October
|
|
|
Total
(pieces)
|
150,000
|
450,000
|
450,000
|
450,000
|
450,000
|
450,000
|
|
#
of Cell Film (pieces)
|
50,000
|
150,000
|
150,000
|
150,000
|
150,000
|
150,000
|
|
#
of Velvet Film (pieces)
|
100,000
|
300,000
|
300,000
|
300,000
|
300,000
|
300,000
|
The
products will be delivered once a week.
|
6.
|
Three
Party Payment Method:
|
|
1)
|
From
June to October, 2007, Party A shall provide Party B the specified
quantity of conforming solar silicon films in batches as stated
in this
agreement. Party B shall pay Party A the full amount on time
according to
the payment term to avoid production delay due to funding issues.
If
delivery is delayed due to party B’s funding issue, Party A shall not be
responsible.
|
|
2)
|
From
June to October, 2007, Party B shall provide Party C the specified
quantity of conforming velvet solar silicon films and solar cell
films in
batches as stated in this agreement. Party C shall pay Party
B the full
amount on time according to the payment term to avoid production
delay due
to funding issues. If delivery is delayed due to party C’s funding issue,
Party B shall not be responsible.
|
|
3)
|
Due
to the unconventional mechanical parameters of the product as
stated in
this three-party agreement, Party A shall produce the special
product
according to Parties B and C’s specifications. Because this type of
product has no other intended user, if there is a sudden change
in the
course of carrying out this agreement, Party A shall be informed
in
advance, and Parties B and C shall take and use all of the products
in
production at the time.
|
From
the
date of signing this agreement, party B shall deliver the product to Party
C in
batches. Both parties agree that the payment will be calculated on 8th,
16th
and
25th
of each
month, with the payment for the month to be paid in full.
|
7.
|
Product
Testing and Acceptance
|
Parties
B
and C shall inspect the quality and quantity within 5 days of receiving
the
products according to the content of this agreement. If any product does
not
meet the specified requirement, Parties B and C shall inform Party A in
writing.
If no written notice is received within the time period stated, the products
shall be deemed to be examined and accepted.
Parties
B
and C can refuse to accept any batch of products that does not meet the
required
standard.
For
any
product that does not pass the testing standard, Party B may request a
replacement from Party A and Party C may request a replacement from Party
B.
|
8.
|
Dispute
Resolution
|
During
the term of this agreement, any dispute shall be resolved through discussion
and
negotiation of the parties. If a resolution can not be reached after
negotiation, the disputing parties may file a law suit at the local People’s
Court where the agreement is signed. The court’s decision regarding the dispute
will be deemed final.
Party
A:
Tianjin Huanou Semiconductor Material Technology Co, Ltd
Signature:
Stamp:
Date:
June 6, 2007
[Company
Seal]
Party
B:
Perfectenergy (Shanghai) Co., Ltd
Signature:
Stamp:
Date:
June, 6 2007
[Company
Seal]
Party
C:
Shanghai Solar Science & Technolofy Co., Ltd
Signature:
Stamp:
Date:
[Company
Seal]
