Sales Contract
Exhibit 4.47
| Contract No: | |
| Signed at : Nanjing, China |
This Sales Contract (“Sales Contract”) is executed by and between:
| 1. | China Sunergy Europe GmbH, a company duly organized, validly existing and in good standing as a legal person under the laws of Germany, with its registered address at Xxxxxxxxxxx.00 00000 Xxxxxxxxx xx Xxxx (Hereinafter referred to as “Seller”) |
| 2. | AEE Renewables UK 6 Limited, a company duly organized, validly existing and in good standing as a legal person under the laws of England and Wales ,with its registered address at 00 Xxxxxxxxxx Xxxxx, Xxxxxx, Xxxxxx Xxxxxxx X0X 0XX, Registered No. 7423716 (Hereinafter referred to as “Buyer”). |
Each individually referred to as a “Party” and collectively as the “Parties”.
| (A) | Whereas, Seller acknowledges that Buyer is purchasing the Goods for use on a solar project at Tregavethan, Xxxxx Xxxx, Xxxxxx, Xxxxx, Xxxxxxxx, Xxxxxx Xxxxxxx (“Buyer’s Project”) and has or intends to enter into an EPC contract (“EPC Contract”) with a contractor (“the Contractor”) in connection with the design and installation of the Goods, and the supply and installation of other plant and materials in relation to Buyer’s Project. |
| (B) | Whereas, Seller shall be responsible to Buyer for the performance of the Goods in accordance with this Contract and the EPC Contractor shall be responsible to the Buyer for the works and services provided under the EPC Contract. |
| (C) | Whereas, Seller and the EPC Contractor shall enter into a Performance Ratio Guarantee in favour of the Buyer in accordance with this Contract and the EPC Contract respectively. |
Buyer hereby agrees to buy and Seller hereby agrees to sell the under mentioned Goods according to the terms and conditions stipulated herein:
1. Goods Description
| Agreed Quantity | Unit Value | |||||||||||||||||||||
| Item | Description of Goods | (W) | (PCS) | (EUR/W) | (EUR/PC) | Total Amount ( EUR) | ||||||||||||||||
| 1 | CSUN250-60P | 5,000,000 | 20,000 | 0.50 | 125.00 | 2,500,000 | ||||||||||||||||
| Total | 2,500,000 | |||||||||||||||||||||
2. Payment
2.1 The Total Amount (as stated in the table at paragraph 1) shall be paid by Buyer within 90 days of the delivery of the Goods to Buyer’s Project site at Tregavethan, Xxxxx Xxxx, Xxxxxx, Xxxxx, Xxxxxxxx, Xxxxxx Xxxxxxx.
3. Shipment of Goods
3.1 The Goods shall be delivered to the Port/Place of Destination in accordance with the Delivery Schedule at Annex 2.
3.2 Port of Shipment:
Port of Loading: Shanghai
Port/Place of Destination: Buyer’s Project site, Causilgey Xxxxxx, Tregavethan, Xxxxx Xxxxxxxx, XX0 0XX Xxxxxx Xxxxxxx
Under trade terms DDP (Incoterms 2000), it shall be deemed that the Goods have been delivered by the Seller once the Goods have been delivered to Buyer’s Project site at Causilgey Xxxxxx, Tregavethan, Xxxxx Xxxxxxxx, XX0 0XX Xxxxxx Xxxxxxx.
4. Packing
Seller is responsible for packing and the packing shall be in accordance with the standard of [1] below. Seller shall be liable for damages of the Goods under the Contract as the result of inadequate or improper packing, except for losses or damages as the result of the fault of the forwarder or of the causes that are beyond control of, or not imputable to Seller.
[1] Standard export packing for ocean transportation.
[2] Standard export packing for air transportation.
5. Effectiveness of Contract
5.1 The Contract shall be made in two identical and same copies with each Party keeping one copy, and shall become effective upon being signed by Seller and Buyer.
6. Contract Provisions
6.1 The General Terms and Conditions attached hereto at Annex 1 shall be incorporated into and form part of this Contract.
6.2 Either party that changes its contact person shall forthwith notify the other Party in writing.
| Seller | Buyer: |
| China Sunergy Europe GmbH | AEE Renewables UK 6 Limited |
| Signature/Seal: | Signature/Seal: |
| /s/ China Sunergy Europe GmbH | /s/ Xxx Xxxxx |
| Title/: | Title: Vice President |
