Exhibit 10.14
EIGHT YEARS SILICON SALES CONTRACT
C/NO. KMX-LDK-121406
DATE: 8TH DEC_2006
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THE SELLER: KOMEX INC.
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Address: #0000, XXXXXXXX X/X, 705-1 XXXXXXX-XXXX, XXXXXXXX-XXXXXXX 000
-000, XXXXX.
Tel: x00- 0 000 0000 Fax: x00-0 000 0000
Link Person: XX XXX/PRESIDENT
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THE BUYER: JIANGXI LDK SOLAR HI-TECH CO., LTD.
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Address: High Technology Industrial Park, Xinyu City, Jiangxi Province, P.R
China.
Tel: x00-000-000-00000 Fax: x00-000-000-00000
Link Person: Mr. Xxxxx XX Xxxx/Chair Man.
This contract is made by and between above the Buyer and the Seller,
whereby the Buyer agree to buy and the Seller agree to sell the under
mentioned commodity according to the terms and conditions stipulated below:
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TERMS OF SALES CONTRACT : 2007.1 - 2015.1(8 YEARS)
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(1) Commodity and Specifications (2) Quantity (3) Unit Price(USD) (3) Reference
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A. SOLAR GRADE SILICON FEEDSTOCK AT LEAST 35MT MARKET PRICE AT LEAST
(Almost of originated from Semiconductor company) / MONTH FROM JAN 420MT SILICON
2007 TILL DEC SUPPLYING TO
1.Silicon mono ingot & multicrystalline block. 2015. LDK PER YEAR.
2.Tops/Tails & pots scrap
3.Silicon remelt side block
4.Silicon Wafers & broken wafer
5.Silicon Remelt Scrap
6.Polysilicon Chunks
7.Polysilicon Granular and silicon powder
8.Other silicon materials for solar
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1. Time of Shipment
Shipment : Every month during sales contract term.
The shipment time and date could be discussible and changeable.
2. Terms of Payment:
100% T/T in advance before shipment.
3. Port of Shipment:
By Xxxxxx's forwarder.
By Air or By Ocean - CIF SHANGHAI
4. Packing:
Put into Carton or styrofoam box and suitable for long distance transportation
and well protected against shock and rough handling. The Seller shall be liable
for any serious damage to the goods on account of improper packing and for any
rust damage attributable to inadequate or improper protective measures taken by
the Seller except in case of transportation compan[y]'s fault. If in case Xxxxx
claims the case as Xxxxxx's fault, Seller reserves the right to choose the third
party such as SGA to determine who is responsible for the claim.
5. Shipping Mark:
On the surface of each package, "HANDLE WITH CARE"
6. Advise of shipment
The Seller shall, immediately upon the completion of the loading of the goods,
advise by fax the Buyer of the Contract number, name of the Goods, number of
packages, quantity, gross/net weight and dimension of each package, invoice
value, name of vessel, port of shipment and port of destination and date of
shipment etc.
7. Guarantee of Quality:
The Seller shall guarantee that the goods are correspond in all respects with
proforma invoice and Sales offer from actual material. If quality of any
shipment from Seller doesn't meet proforma invoice and Sales offer, Buyer can
seek the replacement or pay-back within proper schedule by mutual discussion.
8. Inspection and Claims
Should the quality and/or the specification of goods be found not in
conformity with the contracted stipulations, the Buyer shall arrange for an
inspect to be carried out by incoming test and have the right to claim against
the Seller on the strength of the inspection certificate issued by CIQ. This
claim shall be made and be reported to Seller within 30 days if the material is
airflown and 50 days if sea freighted from the date of Bill of Lading.
Any and all claim shall be regarded as accepted if the Seller fail to reply
within 30 days after receipt of the Buyer's claim.
9. Settlement of Claims:
In case the Seller are liable for the discrepancies and a claim is made by the
Buyer, the Seller shall settle the claim upon the agreement of the Buyer in the
following ways.
X. Xxxxx to the rejection of the goods and refund to the Buyer the value of the
goods so rejected in the same currency as contracted herein.
B. Devaluate the goods according to the degree of inferiority or extent of
damage.
10. Force Majeure:
The Seller shall not be held responsible for any delay in delivery or
nondelivery of the goods due to Force Majeure. However, the Seller shall advise
the Buyer immediately of such occurrence and within fourteen days thereafter,
shall send by airmail to the Buyer for their acceptance a certificate issued by
the competent government authorities of the place where the accident occurs as
evidence thereof. Under such circumstances the Seller, however, are still under
the obligation to take all necessary measures to hasten the delivery of the
goods. In case the accident lasts for more than ten weeks, the Buyer shall have
the right to cancel this contract.
11. Late Delivery and Penalty:
In case of delayed delivery, except for force majeure cases, the Seller shall
pay to the Buyer for every week of delay a penalty amounting to 0.3% of the
total value of the goods whose delivery has been delayed. Any fractional part
of a week is to be considered a full week. The total amount of penalty shall
not, however, exceed 3% of the total of the goods involved in late delivery and
is to be deducted from the amount due to the Seller by the paying bank at the
time of negotiation, or by the Buyer direct at the time of payment, in case the
period of delay exceeds 3 weeks after the stipulated delivery date the Buyer
have the right to terminate this contract but the Seller shall not thereby be
exempted from the payment of penalty.
13. Arbitration:
All disputes in connection with this contract or the execution thereof shall be
settled through friendly negotiations.
In case no settlement can be reached through negotiations, the case then will
be submitted for arbitration to the International Chamber of Commerce in Hague.
This Contract is made out in two originals, one original to be held by each
party in witness thereof.
The Buyer: The Seller:
THE BUYER: JIANGXI LDK SOLAR HI-TECH CO., LTD. KOMEX INC.
Address:High Technology Industrial Park, Xinyu City, Address: #0000, XXXXXXXX X/X, 000-0 XXXXXXX-XXXX,
Xxxxxxx Xxxxxxxx, X.X Xxxxx. XXXXXXXX-XXXXXXX, 135-709, KOREA.
Tel:x00-000-000-00000 Fax:x00-000-000-00000 Tel:x00-0 000 0000 Fax:x00-0 000 0000
Link Person : Mr. Xxxxx XX Xxxx President. Link Person : Xx. XX XXX/PRESIDENT
JIANGXI LDK SOLAR HI-TECH CO., LTD. KOMEX INC.
Signed by /s/ Xxxxxxxx Xxxx DEC.8.2006 Signed by /s/ X.X. Xxx DEC.21.06
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Light xx xxxx / president X.X. Xxx / president
