Exhibit 10.17
WAFER SUPPLY AGREEMENT
PARTIES:
1.JIANGXI LDK Solar Hi-Tech Co., Ltd, a company organized and existing under the
laws of P.R. China, with its registered office at HIGH TECHNOLOGY INDUSTRIAL
PARK, XINYU CITY,JIANGXl PROVINCE, PC 215128, P.R. China, duly represented by
Mr. Light XX Xxxx (hereinafter referred to as "Supplier")
and
2.Xxxxxxx Solar Energy B.V., a company organized and existing under the laws of
The Netherlands, with its registered office at 6422 RL Heerlen, Xxxx 10 -
Avantis, The Netherlands, duly represented by Xx. X. Xxxxxxxx and Mr. X-X.
Xxxxxxxx, hereinafter referred to as "Xxxxxxx Solar";
hereinafter together referred to as 'Parties' and individually as 'Party'
WHEREAS:
- Supplier is a manufacturer and seller of multi-crystalline silicon wafers
with production facilities in Xinyu City, Jiangxi Province, P.R. China
- Xxxxxxx Solar is a manufacturer of multi-crystalline silicon-,
mono-crystalline silicon- and special solar cells;
- Xxxxxxx Solar is interested in purchasing certain Wafers (as defined
hereinafter) from Supplier;
- Supplier is willing to supply the Wafers to Xxxxxxx Solar;
- Parties now wish to lay down the terms and conditions for the supply of
Wafers in this Agreement.
THEREFORE IT IS HEREBY AGREED AS FOLLOWS:
1. DEFINITIONS
The following definitions shall be used for the purpose of interpreting the
Agreement and all documents relating thereto. Words incorporating the singular
will also include the plural and vice versa, where the context so requires.
'Affiliate': mean[s] Parties and any company other than Parties which is for the
time being directly or indirectly controlled by a Party;
For the purpose of this definition a particular company is:
(i) directly controlled by another company (or companies) if that other company
(or companies) beneficially hold(s) shares carrying fifty percent (50%) or more
of the votes at a general meeting (or its equivalent) of the first mentioned
company; and
(ii) indirectly controlled by another company (the "Parent Company") if a series
of companies can be specified, beginning with the Parent Company and ending with
the particular company, so related that each company of the series is directly
controlled by one or more of the companies earlier in series.
'Agreement': means this wafer supply agreement, including all appendices and
subsequent amendments as agreed in writing by the Parties.
'CONFIDENTIAL INFORMATION': means any information (including formulations,
designs and other intellectual property rights) given to Supplier by or on
behalf of Xxxxxxx Solar or given to Xxxxxxx Solar by or on behalf of Supplier in
any form whatsoever and all data derived directly or indirectly from such
information received from the respective other Party.
'DELIVERY SCHEDULE': means the schedule specifying the amount of Wafers to be
purchased by Xxxxxxx Solar and delivered by Supplier through the issuance of
monthly Purchase Orders based on the agreed Volume, covering a period of at
least three months, which shall be basically in the format attached hereto as
Appendix D.
'MINIMUM ANNUAL QUANTITIES': means the minimum amount of Wafers as specified in
Appendix D that Supplier can be obliged to supply to Xxxxxxx Solar in any given
year.
'PURCHASE ORDER': means Xxxxxxx Solar's written order or written confirmation,
by virtue of which Supplier shall supply the Wafers to Xxxxxxx Solar, together
with any annex, addition or modification thereto, which shall be basically in
the format attached hereto as Appendix C, which forms an integral part hereof.
'SHIPMENT': means a delivery of Wafers under this Agreement.
'SPECIFICATIONS': shall mean the technical and functional specification for the
Wafer attached hereto as Appendix A, which forms an integral part hereof.
'WAFERS': shall mean multi-crystalline silicon wafers or any other product
falling under the scope of this Agreement produced and/or delivered by Supplier
in accordance with the Specifications as provided in Appendix A of this
Agreement, which forms an integral part hereof.
2. WAFER SUPPLY
2.1 Supplier irrevocably offers to sell and deliver to Xxxxxxx Solar and Xxxxxxx
Solar shall purchase from Supplier the quantities of Wafers as specified in
Appendix D in accordance with the Delivery Schedule.
2.2 It is understood by Parties that any mutually agreed change in the
Specifications of the Wafers during a year decreasing the volume of silicon
feedstock and/or raw materials incorporated in the Wafers shall result in a
proportional increase of the number of Wafers to be supplied in that year.
2.3 Xxxxxxx Solar shall order the Wafers to be supplied by Supplier by means of
separate monthly to be issued Purchase Orders in accordance with the Delivery
Schedule and with reference to this Agreement.
2.5 Xxxxxxx Solar shall order the Wafers at least two (2) months before the
stipulated date of delivery.
2.6 The ordered Wafers shall be supplied by Supplier to Xxxxxxx Solar in
accordance with the respective Purchase Order.
2.7 The time stipulated for delivery of the Wafers shall be of the essence.
Without prejudice to Supplier's obligation to deliver the Wafers on time,
Supplier shall give Xxxxxxx Solar immediately notice in writing if any delay in
the delivery of the Wafers is foreseen. Further, Supplier shall promptly submit
its proposal indicating the measures Supplier shall take at its own account to
make good the delay in order to maintain the agreed upon delivery date.
3. WAFER PRICING
3.1 For the supply of Wafers under this Agreement Xxxxxxx Solar shall pay the
initial prices in USD as specified in Appendix B. Fob Shanghai, P.R. China as
per the Incoterms 2000.
3.2 All taxes, fees and other charges including the cost of any certificate of
origin imposed on or required for the Wafers and sale thereof before delivery
shall be the responsibility of Supplier and for Supplier's account.
3.3 Supplier is committed to supply cost-effective Wafers (in line with global
market prices and conditions for similar Wafers).
4. DELIVERY - AND PAYMENT CONDITIONS
4.1 The Wafers will be delivered in Shipments Fob Shanghai, P.R. China as per
the Incoterms 2000, inclusive of adequate packing and labelling as specified in
Appendix A.
4.2 Deliveries shall be effected on the date as stipulated in the Purchase
Order.
4.3 Following the date of Shipment Supplier will invoice in USD for the value of
any Shipment. These invoices shall contain the following information: Wafer
code, number of Purchase Order, Xxxxxxx Solar article number and quantity. A
unit price in USD shall be provided and a total invoice value shall be
specified.
4.4 Invoices shall be paid as laid down in appendix B.
4.5 Payment does not constitute acceptance of the Wafers as being in compliance
with the requirements of this Agreement and the Purchase Order.
5. RISK AND OWNERSHIP
5.1 The risk and ownership of the Wafers shall pass from Supplier to Xxxxxxx
Solar at the time of the delivery of the Wafers according to the stipulations of
Fob in Incoterms 2000 and its later amendments.
5.2 The Supplier warrants that Xxxxxxx Solar will acquire the full and
unencumbered ownership of the Wafers.
6. TEST, INSPECTIONS AND QUALITY ASSURANCE
6.1 An inspection of appearance of the package shall be made by Xxxxxxx Solar
within one (1) week after receipt of the Wafers. In case the package has any
damage, Xxxxxxx Solar shall notify Supplier of the result of such an inspection.
6.2 The final inspection of the Wafers will take place by Xxxxxxx Solar when the
Wafer is being used for production of photovoltaic solar cells. The final
inspection shall take place ultimately within 60 (sixty) days after the delivery
of the Wafer. If the Wafer does not meet the Specifications, Xxxxxxx Solar shall
notify and submit to Supplier documentary evidence of the result of the final
inspection whereupon Supplier shall have the right to undertake own inspection.
6.3 Supplier shall provide Xxxxxxx Solar with a quality certificate for each
delivery of Wafers, proving that the Wafer(s) meet the Specifications.
6.4 In case of a defective Wafer, or other complaints (e.g. packaging), Parties
have agreed upon to comply with the Rejected Material Administration procedure
(RMA) as described in Appendix F, which forms an integral part of this
Agreement.
7. WARRANTY
7.1 Supplier warrants that the Wafers meet the Specifications and other
requirements of this Agreement and any Purchase Order issued hereunder.
7.2 The expiration of the warranty period shall be twelve (12) months after the
actual delivery date of the Wafers to Xxxxxxx Solar
If the warranty as referred to in Article 7.1 becomes apparent, other than for
reasons of normal wear and tear, abnormal operating conditions and/or disregard
by Xxxxxxx Solar of Supplier's operating instructions, Supplier shall forthwith
take all necessary action to remedy such defects at Supplier's own expense.
7.3 The warranty period of the Wafers shall be extended by (a) period(s) equal
to the period(s) during which;
(i) the Wafers have been out of operation; or
(ii) their putting into operation has been delayed as a result of a defect to
which this warranty applies.
7.4 Fresh guarantee periods equal to those specified in Article 7.2 shall apply
in respect of the replaced Wafers.
7.5 Xxxxxxx Solar shall notify Supplier, as soon as practically possible, of any
breach of the warranty referred to in Article 7.1 and shall give Supplier the
opportunity to inspect and remedy the defect(s)
7.6 In the event of a defect appearing, Xxxxxxx Solar shall either
(i) return to Supplier at Supplier's expense the Wafers or parts or components
thereof for replacement as the case may be; or
(ii) if appropriate, enable Supplier to effect replacement at Xxxxxxx Solar's
worksite(s) in which case Supplier may do so or authorise Xxxxxxx Solar to do
so.
7.7 Replaced Wafers shall be transported by Supplier at Supplier's, expense in a
manner acceptable to Xxxxxxx Solar.
7.8 Upon Xxxxxxx Solar's requests, Supplier shall provide to Xxxxxxx Solar
reports of the causes, and analysis of the defects and, to the extent required,
propose corrective actions to avoid similar defects to the Wafers in future
deliveries.
8. LIABILITY
8.1 Supplier shall be liable, without formal notice of non-compliance being
required, for any loss or damage reasonably incurred by Xxxxxxx Solar, such as,
but not limited to, the costs of detection of the defect in question,
inspection, removal, transport, replacement, retesting and cleaning up of the
Wafers, arising from Supplier's non-compliance with the terms and conditions of
this Agreement and any Purchase Order issued hereunder.
8.2 Supplier shall at its own expense upon Xxxxxxx Solar's notification of
defect forthwith replace the Wafers so rejected. Any corrective action shall not
relieve Supplier of its obligation as to the timely delivery of the Wafers in
accordance with this Agreement and any Purchase Order issued hereunder.
8.3 Unless expressly otherwise provided, the Supplier and Xxxxxxx Solar are not
liable towards each other for any consequential loss suffered by them in
connection with the performance of the Agreement. For the purpose of this
Article consequential loss is understood to mean: loss of profits loss of use,
loss of revenue, trading losses and loss as a result of the business being at a
standstill.
8.4 The limitations and exclusions of liability set forth in this Agreement
shall not apply in the case of damage resulting from wilfulness, gross fault or
gross negligence on the part of any party also falling within the scope of such
exclusions or limitations.
9. FORCE MAJEURE
9.1 A Force Majeure occurrence shall mean any occurrence which (i) hinders,
delays or prevents a Party in performing any of its obligations under the
Agreement, and (ii) is beyond the control of, and without the fault or
negligence of, such Party, and (iii) by the exercise of reasonable diligence
such Party is unable to prevent or provide against.
9.2 In the event of a Force Majeure occurrence, the Party whose performance of
any of its obligations under the Agreement is affected shall notify the other
Party as soon as is reasonably practicable giving the full relevant particulars
and shall use its reasonable efforts to remedy the situation immediately.
9.3 Except for any obligation to make payments, neither Party shall be
responsible for any failure to fulfil any term or condition of the Agreement to
the extent that fulfilment has been hindered or delayed or prevented by a Force
Majeure occurrence which has been notified in accordance with this Article and
the time for performance of the obligation(s) affected shall be adjusted by a
reasonable amount.
10. INTELLECTUAL PROPERTY RIGHTS
The Supplier warrants that the Wafers, the manner in which the Wafers are
realised and the use of the Wafers, in the widest sense, will not infringe any
patent rights, trademark rights, copyrights or other intellectual property
rights belonging to third parties. The Supplier shall indemnify and hold Xxxxxxx
Solar harmless from any claims from third parties on account of any such
infringement and from any costs, including litigation costs, incurred in
connection with such claims.
11. LIAISON AND COMMUNICATION
11.1 During the term of this Agreement the Parties shall liaise so as to assure
the Specifications of the Wafers and any related technical characteristics. In
light thereof the Parties shall convene on a regular basis upon first request of
a Party, in a place that is mutual agreed by Parties. The Parties shall
specifically address problems of technical nature, including electrical and
mechanical properties as well as mutual activities to improve wafer and cell
performance.
11.2 All notices or other communications to be sent by either Party to the other
Party under this Agreement shall be deemed to have been sufficiently given if in
writing and delivered by hand or sent by ordinary mail, e-mail, or telefax,
however e-mail and telefax to be confirmed by ordinary mail, to the addresses
given in Appendix E, provided that either Party may at any time designate
different or further addresses and contact-persons to which communications are
thenceforth to be sent.
12. CONFIDENTIAL INFORMATION AND COPYRIGHT
12.1 Xxxxxxx Solar and Supplier undertake with each other that both during the
currency of this Agreement and for a period of three (3) years immediately after
its termination or expiration Xxxxxxx Solar and Supplier will:
(a) not disclose to any third party (other than to an Affiliate or professional
advisers and financiers) any Confidential Information received from the other
except with the other's prior written consent or as required by applicable law;
and
(b) not use any such Confidential Information other than for the purpose for
which it has been disclosed by or on behalf of the other.
12.2 The undertaking given in Article 12.1 shall apply and/or continue to apply
insofar and for so long as the information in question:
(a) is not or has not become part of the public knowledge or literature without
default on the part of the receiving party; or
b) has not been disclosed to the receiving Party by a third party (other than
one disclosing on behalf of the other party) whose possession of such
information is lawful and who is under no secrecy obligation with respect to the
same; or
(c) is not lawfully known by the receiving Party or its Affiliate without binder
of secrecy at the time of receipt hereunder.
12.3 Upon termination of this Agreement each Party shall deliver to the other
all copies in their respective possession of any Confidential Information
supplied by, or on behalf of the other.
12.4 The patent, copyright or other intellectual property rights in any
Confidential Information supplied to Supplier by Xxxxxxx Solar under this
Agreement shall, in the absence of any express provision thereof, be vested in
Xxxxxxx Solar, and the patent, copyright or other intellectual property rights
in any Confidential Information supplied to Xxxxxxx Solar by Supplier under this
Agreement shall, in the absence of any express provision thereof, be vested in
Supplier.
12.5 In the event that either Party during the currency of this Agreement
acquires information about the other's or the other's Affiliates' customers and
the Wafers made or supplied by or on behalf of such Party or such Party's
Affiliates to third party customers in the course of visits or otherwise, such
information shall be considered Confidential Information and subject to the
terms of this Article:
12.6 Both Parties to this Agreement wish to keep the existence and terms of this
Agreement confidential and to this end each Party will, subject to applicable
law or stock exchange requirements, use its reasonable endeavours in so far as
it does not impede its performance of this Agreement not to disclose the
existence of this Agreement to a third party other than its affiliated
companies, professional advisors and financiers.
13. ENTIRETY AND MODIFICATIONS
13.1 The provisions stipulated in this Agreement including the Appendices are
complete, final and exclusive statements of all the terms of the Agreement
between Supplier and Xxxxxxx Solar for the matters contemplated under the
Agreement. There are no understandings, statements, promises or inducements,
oral or written, or contrary or supplementary to the terms of this Agreement.
The terms of this Agreement are applicable to each individual Purchase Order
unless otherwise agreed upon.
13.2 Any modifications relating to the Agreement shall be in the form of a
written document signed by duly authorized officers or representatives of the
Parties. Any modification or cancellation of any provision shall not constitute
a change in the validity of the remaining provisions of the Agreement.
13.3 If any provision of this Agreement were to prove unenforceable by virtue of
its being contrary to any mandatory rule of law, the validity of the remaining
provisions of this Agreement will in no way be affected. Parties shall, in that
case, be bound to perform as intended by the provision(s) thus affected as
closely as possible, without infringing any mandatory rules of law effectively
applicable.
14. ASSIGNMENT
Neither Party shall transfer or assign any of its rights and/or obligations
under this Agreement in whole or in part without prior consent in writing of the
other Party, which consent shall not be withhold unreasonably.
15. TERM AND TERMINATION
15.1 This Agreement shall be retroactively effective from 1 January 2006 and
shall expire on 31 December 2010. The Agreement shall be automatically extended
with consecutive periods of one year. The Parties hereto shall ultimately 90
days before the expiration date of this Agreement convene to discuss any
adjustment of the terms and conditions applicable to any such consecutive
period. The Agreement may be terminated by either Party by giving a prior 90
days' written notice to this effect.
15.2 Either Party may immediately terminate this Agreement if:
(a) the other Party commits a breach of the provisions of this Agreement and
fails to remedy such breach within two (2) weeks after written notice of the
existence of such breach, or
(b) the other Party should go into liquidation or public composition or should
do or suffer any similar act or thing under any applicable law.
15.3 Furthermore this Agreement is subject to the resolutory condition that the
trial relating to the delivery of the testbatch of 10,000 Wafers shall be
executed successfully as such that the Specifications of the Wafers to be
delivered by Supplier under this Agreement will meet the requirements of Xxxxxxx
Solar (at the sole discretion of Xxxxxxx Solar).
15.4 Termination or cancellation of this Agreement for any reason shall not
affect any obligation arising prior to the effective date of termination or
cancellation and any obligation which from the context thereof is intended to
survive the termination or cancellation of this Agreement. Termination or
cancellation of this Agreement by one Party shall not affect any Purchase Order
issued according to this Agreement prior to the termination or cancellation of
the Agreement, and Supplier shall continue to supply to Xxxxxxx Solar the Wafers
and Xxxxxxx Solar shall pay for the Wafers so ordered.
15.5 Any termination under this article shall be without liability for the act
of termination but shall be without prejudice to any right of action or claim
arising from the period prior to the date of termination.
16. APPLICABLE LAW AND DISPUTES
16.1 This Agreement and any Purchase Order issued there under shall be governed
by the laws of The Netherlands.
16.2 Any disputes among Parties, involving any rights or obligations arising out
of this Agreement or its interpretations, or to any activities performed
pertaining to the Agreement, which cannot be resolved by agreement, shall be
submitted and finally settled, in accordance with the Rules of Conciliation and
Arbitration of the International Chamber of Commerce (ICC). The Arbitration
Tribunal shall be composed of three arbitrators appointed in accordance with the
Rules. The place of arbitration shall be Brussels, Belgium. The arbitrators
shall have power to rule on their own competence and on the validity of the
agreement to submit to arbitration. Arbitration proceedings shall be conducted
in the English language.
IN WITNESS WHEREOF, Parties have agreed and signed this Agreement in two
originals
For JIANGXI LDK Solar Hi-Tech Co., LTD
Name: LIGHT XX XXXX Name: LAMBO ZHU
Date: 2006.03.05 Date:
-------------------- --------------------
Function: CEO Function: VICE PRESIDENT
Signature: /s/ Xxxxxxxx Xxxx Signature:
-------------------------- -----------------------------
For Xxxxxxx Solar Energy B.V.
Name: Xxxxx Boxhoorn Name: Jan-Xxxxxx Xxxxxxxx
Date: 5th of March, 2006 Date: 5th of March, 2006
Function: CEO Function: Director Marketing & Sales
Signature: /s/ Xxxxx Boxhoorn Signature: /s/ Jan-Xxxxxx Xxxxxxxx
-------------------------- -----------------------------
Appendices:
Appendix A : Wafers and Specifications (including packaging and labelling)
Appendix B : Prices
Appendix C : Standard format Purchase Order
Appendix D : Minimum Annual Quantities and Delivery Schedule
Appendix E : Contact details
Appendix F : Rejected Materials Administration (RMA)-procedure
APPENDIX A
WAFERS AND SPECIFICATIONS (INCLUDING PACKAGING AND LABELLING)
WAFER SPECIFICATION (PRELIMINARY):
For the 10,000 test wafers following wafer specification applies (submitted by
LDK):
WAFER FEATURES
Conductivity type: p-type (boron)
Crystal Characteristic: multi-crystalline
Crystal defects: No inclusions visible with naked eyes.
Resistivity: 0.5-2.0 ohm-cm (typical average: 1.5 ohm-cm)
Wafer Size Variation: +/- 0.5mm
Wafer Thickness Variation: +/- 20micro m
Bevel Edge Width (chamfer): 1 - 2 mm
Chips: < or = 3 chips, not deeper than 5 mm (length) x 0.5 mm (deep)
Wafer Surface: As cut and clean, no stains visible with naked eyes.
Life time: > = 2micro s
O content: < = 8x1017 atoms/cm3
C content: < = 2x1018 atoms/cm3
TTV: < = 50 micro m
Crack and pinhole: no cracks and pin holes visible with the naked eyes.
Wafer shape: square
Bevel edge angle 45degrees +/- 10 degrees
AQL: 1.5
WAFER SIZE: 156 x 156mm x 240/250micro m.
WAFER SPECIFICATION:
The ultimate wafer specification, yield and efficiency will be further subject
of discussion after a first trial of 10,000 PCS has been executed by Xxxxxxx
Solar (see PO. 00000139). The trial is planned for mid May, 2006.
TRACEABILITY/LABELLING:
Packaging: Duly packed in card board box. (alternative to be agreed separately)
Labelling: The label should contain at least the following information:
- Wafer size
- Wafer thickness
- Restitivity
- Ingot number
Traceability: The ingot number should guarantee information about producer and furnace
type.
Packaging on pallet: The wafer boxes should be duly packed shock proof and protected towards
breakage.
Ingot true: No split of ingot numbers over several pallets is allowed.
WAFER BREAKAGE:
If during any trial cell manufacturing a wafer breakage rate of > or = 30% is
being monitored, Xxxxxxx Solar will stop its production and the remaining batch
of Wafers will be returned to Supplier (in accordance with the RMA procedure as
mentioned in appendix F).
SHIPPING XXXX:
LDK SOLAR
SOLAR WAFER
ART.M. 156/240
SIZE: 156x156 MM
THICKNESS: 240 UM
QTY:
APPENDIX B
PRICES
PURCHASE PRICE:
The Purchase Price for the Wafer, according to the Specification given in
Appendix A, is as follows:
The Purchase Price for Wafers in size 156 x 156 mm and a wafer thickness of 240
microns is US$7.70/Pc. This price will be valid for the calendar year 2006.
For the calendar year 2007, prices and conditions will be discussed and agreed
upon in the month of October 2006. In line with article 3.3 Supplier anticipates
that pricing in 2007 and the years thereafter will be lower than the pricing of
2006.
Every reduction of the Wafer thickness with 30 Microns will result in
- A prices decrease of 3% on the price(s) as mentioned above.
- A quantity increase of 4,5% on the volumes as mentioned in appendix D.
Payment conditions:
1. Deposit/Advance Payment: an amount equal to 35% (thirty five percent) of the
price of the annual quantity to be deposited by T/T (hereinafter referred to as:
'the Advance Payment').
For the year 2006 the annual quantity is 850,000 PCS wafers at US$7.70 each.
The Advance Payment is therefore an amount of US$2,290,750.00, to be deposited
by T/T within 1 (one) week after the date of signing of this Agreement by both
Parties.
2. An amount equal to 65% (sixty five percent) of the price of the wafers to be
supplied during each month to be deposited by L/C ultimately 3 (three) months
before the agreed delivery date of the wafers each month.
In order to determine the remaining net balance of the Advance Payment as
defined in the Agreement, the Parties hereto agree that an amount of US$2.695
(*) shall be allocated to each wafer to a maximum of 850,000 PCS.
(*) US$2,290,750.00: 850,000 wafers
3. LDK warrants that at the date of signing of this Agreement by both Parties,
LDK shall be in the possession and the sole owner of a quantity poly silicon to
be allocated for manufacturing into Wafers that shall be exclusively supplied to
Xxxxxxx Solar, representing a market value equal to the amount of the Advance
Payment (hereinafter referred to as: 'the Allocated Poly Silicon Quantity').
Parties agree that as of the moment of receipt of the Advance Payment by LDK,
Xxxxxxx Solar will become the sole owner of the Allocated Poly Silicon Quantity.
LDK warrants that Xxxxxxx Solar will acquire the full and unecumbered ownership
of the Allocated Poly Silicon Quantity. However, all risks related to the
Allocated Poly Silicon Quantity shall remain at LDK (adequately insured) and
shall pass to Xxxxxxx Solar at the moment of delivery hereof to Xxxxxxx Solar,
or in case this Allocated Poly Silicon Quantity is manufactured into Wafers by
LDK, at the time of the delivery of these Wafers to Xxxxxxx Solar.
4. If Supplier during the calender year 2006 fails to supply the quantities of
wafers as mentioned in Appendix D, Xxxxxxx Solar has the option to either:
- demand immediate re-payment of the Advance Payment made by Xxxxxxx
Solar either in full or in part;
- demand the immediate delivery of the (remaining part of the) Allocated
Poly Silicon Quantity.
5. If Parties cannot agree upon the final Specifications of the Wafers after
execution of the trial as described in Appendix A, and after having followed the
agreed RMA-procedure, and as a consequence the Agreement will be terminated,
Supplier will at first request of Xxxxxxx Solar immediate refund the Advance
Payment of US$2,290,750.00 to Xxxxxxx Solar and in return Xxxxxxx Solar will
retransfer the ownership of the Allocated Poly Silicon Quantity to LDK.
APPENDIX C
STANDARD FORMAT PURCHASE ORDER
Telephone: x00 00 000 000
Fax: x00 00 000 000
Giro
VAT Registration: NL8129040059B01
Enterprise number:
Purchase Order Number: PO000000xx-x
(NUMBER TO BE QUOTED ON ALL DOCUMENTS AND PACKAGES
PERTAINING TO THIS ORDER)
Date: xx-xx-2006
Page: 1 of 2
Terms of delivery: DDP Delivery address XXXXXXX SOLAR ENERGY B.V.
Terms of payment: XX XXXX 00, XXXXXXX
0000 XX XXXXXXX
XXX XXXXXXXXXXX
Item number Description Delivery Quantity Price/Unit Amount
-----------------------------------------------------------------------------------------
XXX1030021 Wafer 156x156x240micro
BLANKET ORDER
With reference to the Water Supply Agreement dated................., we herewith
order as mentioned above.
Delivery schedule: as agreed in Wafer Supply Agreement appendix D.
Specification as described in Water Supply Agreement dated................
Quality certificate: each Shipment will contain a certificate which contains the
quality information of the Shipment and does show that the Shipment meets the
agreed Specification.
Shipping document: each Shipment does contain a packing list
Payment term: as agreed in Wafer Supply Agreement appendix B.
Billing address: same as delivery address
Document number:
The number as indicated on this Purchase Order has to be quoted on all documents
and packages pertaining to this Purchase Order.
Purchasing contact person: Xx. Xxxxxxx van den Hof, Tel. x00 (0) 00 0000 000
Sale balance Total Discount Misc. changes. Sales tax Round-off Total
----------------------------------------------------------------------------------------------------------
USD
We request you to confirm this Purchase Order by countersigning this document
and have it returned to the above mentioned address by Fax
Acceptance of our order implies your agreement with the General Purchase Conditions Xxxxxxx Solar
of Xxxxxxx Solar Energy Holding B.V. to the extend we agree otherwise in writing
APPENDIX D
MINIMUM ANNUAL QUANTITIES AND DELIVERY SCHEDULE
Following quantities are part of this agreement:
WAFER DIMENSION/ QUANTITIES IN PCS/MWP
THICKNESS MINIMUM MAXIMUM YEAR MONTHLY DELIVERY SCHEDULE
---------------------------------------------------------------------------------------------
156x156 mm 240mu 850,000 Pcs 850,000 Pcs 2006 July 50,000 pcs
August 100,000 pcs
September 100,000 pcs
October 200,000 pcs
November 200,000 pcs
December 200,000 pcs
---------------------------------------------------------------------------------------------
156x156 mm 240mu 2,730,000 Pcs 2,730,000 Pcs 2007 To be agreed upon
---------------------------------------------------------------------------------------------
Note:
Every reduction of the wafer thickness with 30 Microns will result in a quantity
increase of 4.5% on the volumes as mentioned in this appendix.
APPENDIX E
CONTACT DETAILS
SUPPLIER
COMMERCIAL CONTACT PERSON: LAMBO ZHU
LDK SOLAR HI-TECH CO., LTD.
E-MAIL: XXXXX@XXXXXXXX.XXX
TECHNICAL CONTACT PERSON: XXXXXX XX
LDK SOLAR HI-TECH CO., LTD.
E-MAIL: XXXXXX@XXXXXXXX.XXX
XXXXXXX SOLAR ENERGY B.V.
COMMERCIAL CONTACT PERSONS:
XX. XXXXXX XXXX
XXXXXXX SOLAR CELLS BV
REPRESENTATIVE OFFICE SHANGHAI
TEL 000 00000000
CELL 0000 00000000
XX. XXXXXXX XXX XXX XXX
XXXXXXX XXXXX XXXXX X.X.
XXXX 00 -- AVANTIS
0000 XX XXXXXXX
XXX XXXXXXXXXXX
TEL. x00 (0)00 000 0000
EMAIL: XXXXXXXXXX@XXXXXXXXXXXX.XXX
TECHNICAL CONTACT PERSON:
XX. XXXX XXXXX
XXXXXXX SOLAR CELLS B.V.
BOHR 10 -- AVANTIS
0000 XX XXXXXXX
XXX XXXXXXXXXXX
TEL. x00 (0)00 000 0000
EMAIL: XXXXXX@XXXXXXXXXXXX.XXX
APPENDIX F
REJECTED MATERIALS ADMINISTRATION (RMA) PROCEDURE
INTRODUCTION
1. This procedure outlined the handling of Wafers that the Xxxxxxx Solar
regards not being in conformity with the Specifications as given in
Appendix A. The Procedure is valid for all Wafers produced by Supplier's
manufacturing or subcontractor facility in Xinyu City, Jiangxi Province,
P.R. China
2. Handling of non-conformances
If the Xxxxxxx Solar is of the opinion that the whole or part of the
Shipment contains Wafers or other items which are not in conformity with
the agreed Specifications (including packing and labeling), following
steps shall be taken:
- The Xxxxxxx Solar shall notify the Supplier by fax or by e-mail that
there is an upcoming claim related to a non-conformance.
- Supplier shall upon such notification provide a RMA number to be
used as identification when Wafers are returned from the Xxxxxxx
Solar to the Supplier.
- As soon as the RMA Wafers and the RMA report (which describes the
non conformity) are received by Supplier, it will be checked for by
the Supplier.
The outcome of this inspection may fall into several categories, including but
not limited to:
(a) The Wafers that meet the agreed Specification will be returned to the
Xxxxxxx Solar.
(b) Wafers that do not meet the Specification shall be replaced by the
Supplier and the replacement of the Wafers shall be forwarded as part of
the next shipment.
(c) Should there after above inspection still be Wafers where the Supplier and
Xxxxxxx Solar cannot agree on classification, handling and possible
compensation, such cases shall be subject of further discussion in
dedicated meetings.
Confidential Page 1 of 10 26-10-2006
APPENDICES:
Appendix A : Wafers and Specifications (including packaging and labeling)
Appendix B : Prices
Appendix C : Standard format Purchase Order
Appendix D : Minimum Annual Quantities and Delivery Schedule
Appendix E : Contact details
Appendix F : Rejected Materials Administration (RMA)-procedure
Confidential Page 2 of 10 26-10-2006
APPENDIX A
WAFERS AND SPECIFICATIONS (INCLUDING PACKAGING AND LABELLING)
WAFER SPECIFICATION:
The following wafer specification applies to the delivery of wafers under this
Agreement (submitted by Xxxxxxx):
WAFER FEATURES
Conductivity type: p-type (boron)
Crystal Characteristic: multi-crystalline
Crystal defects: No inclusions visible with naked eyes.
Resistivity: 0.5 - 2.0 ohm-cm (typical average: 1.5 ohm-cm)
Wafer Size Variation: plus or minus 0.5 mm
Wafer Thickness Variation: plus or minus 20 mu m
Bevel Edge Width (chamfer): 1 - 2 mm
Chips: less than or equal to 3 chips, not deeper than
5mm (length)x0.5 mm (deep)
Wafer Surface: As cut and clean, no stains visible with naked
eyes.
Life time: greater than = 2mu s
O content: less than = 5x10(17) atoms/cm(3)
C content: less than = 1x10(18) atoms/cm(3)
TTV: less than = 30 mu m (thickness 200mu m)/50mu m
(thickness 240 mu m)
Saw marks less than or equal to 20mu m
Crack and pinhole: no cracks and pin holes visible with the naked
eyes
Wafer shape: square
Bevel edge angle: 45 degrees plus or minus 10 degrees
AQL: 1.5
Wafer size: 156 x 156mm x 200/240mu m.
TRACEABILITY/LABELLING:
Packaging: Duly packed in card board box. (alternative to be agreed
separately)
Labelling: The Label should contain at lest the following
information:
- Wafer size
- Wafer thickness
- Restitivity
- Ingot number
Traceability: The ingot number should guarantee information about
produce and furnace type.
Packaging on pallet: The wafer boxes should be duly packed shock
proof and protected towards breakage.
Ingot true: No split of ingot numbers over several pallets is allowed.
Confidential Page 3 of 10 26-10-2006
WAFER BREAKAGE:
Breakage in box (+ Unstacker) less than 0.1%
Any percentage higher will be replaced by Supplier.
If during cell manufacturing a wafer breakage rate of greater than or equal to
30% is being monitored, Xxxxxxx Solar will stop its production and the remaining
batch of Wafers will be returned to Supplier (in accordance with the RMA
procedure as mentioned in appendix F).
SHIPPING XXXX:
LDK SOLAR
SOLAR WAFER
ART.M. 156/240
SIZE: 156X156 MM
THICKNESS: 240UM
QTY:
CONFIDENTIAL PAGE 0 XX 00 00-00-0000
XXXXXXXX X
PRICES
PURCHASE PRICE:
The Purchase Price for the Product, according to the Specification given in
Appendix A, is as follows:
The Purchase Price for wafers in size 156 x 156 mm and a wafer thickness of
240 um is US$[*]/Pc. This price will be valid for the calendar year 2007.
For the subsequent calendar year, prices and conditions will be discussed and
agreed upon in the month of October of the foregoing year with due observance
of the general principle of reasonableness and fairness taken into account the
comparable market prices and the quality of the wafers supplied by LDK to
Xxxxxxx in the foregoing year. In line with article 3.3 Supplier anticipates
that generally pricing in the subsequent year and the years thereafter will be
lower than the pricing of the foregoing year.
Every reduction of the Wafer thickness with 30 Microns will result in
- A prices decrease of 3% on the price(s) as mentioned above.
- A quantity increase of 4,5% on the volumes as mentioned in appendix D.
* Confidential Treatment Requested. The redacted material has been separately
filed with the Securities and Exchange Commission.
Confidential Page 5 of 10 26-10-2006
Appendix C
Standard format Purchase Order.
Xxxxxxx
Telephone: x00 00 0000 000
Fax: x00 00 0000 000
Giro
VAT Registration: NL8129040059B01
Enterprise number.:
Purchase Order Number: PO000000xx-x
(Number to be quoted on ALL documents and packages
pertaining to this order)
Date: xx-xx-2006
Page: 1 of 2
Terms of delivery: DDP Delivery address Xxxxxxx Solar Energy B.V.
Terms of payment: XX Xxxx 00, Xxxxxxx
0000 XX Xxxxxxx
Xxx Xxxxxxxxxxx
Item number Description Delivery Quantity Price/unit Amount
--------------------------------------------------------------------------------
XXX1030021 Wafer 156x156x240u
BLANKET ORDER
With reference to the Wafer Supply Agreement dated................., we herewith
order as mentioned above.
Delivery schedule: as agreed in the Wafer Supply Agreement appendix D.
Specification as described in the Wafer Supply Agreement dated.............
Quality certificate: each Shipment will contain a certificate which contains
the quality information of the Shipment and does show that the Shipment meets
the agreed Specification.
Shipping document: each Shipment does contain a packing list
Payment term: as agreed in the Wafer Supply Agreement appendix B.
Billing address: same as delivery address
Document number:
The number as indicated on this Purchase Order has to be quoted on all
documents and packages pertaining to this Purchase Order.
Purchasing contact person: Xx. Xxxxxxx van den Hof, Tel. x00 (0) 00 0000 000
Sales balance Total Discount Misc. charges Sales tax Round-off Total
------------------------------------------------------------------------------
USD
We request you to confirm this Purchase Order by countersigning this document
and have it returned to the above mentioned address by Fax
Acceptance of our order implies your agreement with the General Purchase
Conditions of Xxxxxxx Solar Energy Holding B.V. to the extend we agree
otherwise in writing
Xxxxxxx Solar
CONFIDENTIAL Page 6 of 10 26-10-2006
APPENDIX D
QUANTITIES AND DELIVERY SCHEDULE
The following specific terms and conditions apply to the quantities of Wafers
to be supplied to Xxxxxxx Solar by LDK under this Agreement:
For the purpose of interpreting this Appendix and all documents relating
thereto, the following definitions are used. Words incorporating the singular
will also include the plural and vice versa, where the context so requires.
'MAXIMUM ANNUAL QUANTITY': means the maximum number of Wafers as specified
below that Supplier can be obliged to supply to Xxxxxxx Solar in any given year.
'MINIMUM ANNUAL QUANTITIES': means the minimum number of Wafers as specified
below to be purchased by Xxxxxxx Solar in any given year.
'AGREED ANNUAL QUANTITIES': means the agreed number of Wafers to be purchased
by Xxxxxxx and to be supplied by LDK in a specific calendar year under this
Agreement, being a number of Wafers within the range from the Minimum Annual
Quantities to the Maximum Annual Quantities, which number is determined and
communicated by Xxxxxxx Solar ultimately before November 1st in the foregoing
year.
1. MAXIMUM ANNUAL QUANTITIES
The Maximum Annual Quantities in a given calendar year starting in 2008 are
calculated as follows:
33 1/3% (thirty three one third per cent) of the actual total solar cells'
production volume of Xxxxxxx Solar in such given calendar year.
Xxxxxxx Solar's yearly solar cells' production capacity (end of the year
situation) is currently expected to develop as follows:
2007: 110 MWp *
2008: 210 MWp *
2009: 310 MWp *
2010: 460 MWp *
(* volumes calculated on basis of 20 MWp = 5,460,000 Pcs in 2007)
Xxxxxxx Solar's yearly solar cells' production volume is currently expected to
develop as follows:
2008: 150 MWp *
2009: 275 MWp *
2010: 400 MWp *
(* volumes calculated on basis of 20 MWp = 5,460,000 Pcs in 2007)
CONFIDENTIAL PAGE 7 OF 10 26-10-2006
2. MINIMUM ANNUAL QUANTITIES
The Minimum Annual Quantities in a given calendar year starting in 2008 are
calculated as follows:
25% (twenty five per cent) of the actual total solar cells' production volume
of Xxxxxxx Solar in such given calendar year.
For the year 2008 up to 2010 the following Annual quantities apply:
---------------------------------------------------------------------------------------
WAFER QUANTITIES IN PCS/MWP MONTHLY
DIMENSION/ DELIVERY
THICKNESS MINIMUM MAXIMUM YEAR SCHEDULE
---------------------------------------------------------------------------------------
156x156 5,460,000 5,460,000 2007 To be agreed upon
mm 240mu Pcs Pcs
---------------------------------------------------------------------------------------
156x156 10,700,000 14,250,000 2008 To be agreed
mm 200mu Pcs Pcs
---------------------------------------------------------------------------------------
156x156 19,600,000 26,125,000 2009 To be agreed
mm 200mu Pcs Pcs
---------------------------------------------------------------------------------------
156x156 29,790,000 39,710,000 2010 To be agreed
mm 170mu Pcs Pcs
---------------------------------------------------------------------------------------
3. AGREED ANNUAL QUANTITIES AND DELIVERY SCHEDULE
For the year 2006 and 2007 the following Agreed Annual Quantities and Delivery
Schedule apply:
-----------------------------------------------------------------------------------------
WAFER QUANTITIES IN PCS/MWP MONTHLY
DIMENSION/ DELIVERY
THICKNESS MINIMUM MAXIMUM YEAR SCHEDULE
-----------------------------------------------------------------------------------------
156x156 850,000 850,000 2006 July 50,000
mm 240mu Pcs Pcs pcs
-------------------
August 100,000
pcs
-------------------
September 100,000
pcs
-------------------
October 200,000
pcs
-------------------
November 200,000
pcs
-------------------
December 200,000
pcs
-----------------------------------------------------------------------------------------
Confidential Page 8 of 10 26-10-2006
-----------------------------------------------------------------------
WAFER QUANTITIES IN PCS/MWP YEAR MONTHLY
DIMENSION/ DELIVERY
THICKNESS MINIMUM MAXIMUM SCHEDULE
-----------------------------------------------------------------------
156x158 5,460,000 5,460,000 2007 January 300,000
mm 240mu Pcs Pcs pcs
---------------------
February 300,000
pcs
---------------------
March 350,000
pcs
---------------------
April 400,000
pcs
---------------------
May 450,000
pcs
---------------------
June 500,000
pcs
---------------------
July 530,000
pcs
---------------------
August 530,000
pcs
---------------------
September 530,000
pcs
---------------------
October 530,000
pcs
---------------------
November 530,000
pcs
---------------------
December 510,000
pcs
---------------------
Notes:
Every reduction of the wafer thickness with 30 Microns will result in a
quantity increase of 4.5% on the volumes as mentioned in this appendix.
CONFIDENTIAL Page 9 of 10 26-10-2006
APPENDIX E
CONTACT DETAILS
SUPPLIER
Commercial contact person: LAMBO ZHU
LDK SOLAR HI-TECH CO., LTD.
E-mail:xxxxx@xxxxxxxx.xxx
Technical contact person: XXXXXX XX
LDK SOLAR HI-TECH CO., LTD.
E-mail:xxxxxx@xxxxxxxx.xxx
XXXXXXX SOLAR ENERGY B.V.
Commercial contact Persons:
Xx. Xxxxxx Xxxx
Xxxxxxx Solar Cells BV
Representative office Shanghai
Tel 000 00000000
Cell 0000 00000000
Xx. Xxxxxxx xxx xxx Xxx
Xxxxxxx Xxxxx Xxxxx X.X.
Xxxx 00 -- Avantis
0000 XX Xxxxxxx,
Xxx Xxxxxxxxxxx.
Tel. x00 (0)00 000 0000
Email: xxxxxxxxxx@xxxxxxxxxxxx.xxx
Technical contact Person:
Xx. Xxxx Xxxxx
Xxxxxxx Solar Cells B.V.
Bohr 10 -- Avantis
0000 XX Xxxxxxx
Xxx Xxxxxxxxxxx.
Tel. x00 (0)00 000 0000
Email: xxxxxx@xxxxxxxxxxxx.xxx
Confidential Page 10 of 10 26-10-2006
APPENDIX F
REJECTED MATERIALS ADMINISTRATION (RMA) PROCEDURE
INTRODUCTION
1. This procedure outlined the handling of Wafers that the Xxxxxxx Solar regards
not being in conformity with the Specifications as given in Appendix A. The
Procedure is valid for all Wafers produced by Supplier's manufacturing or
subcontractor facility in Xinyu City, Jiangxi Province, P.R. China.
2. Handling of non-conformances
If the Xxxxxxx Solar is of the opinion that the whole or part of the Shipment
contains Wafers or other items which are not in conformity with the agreed
Specifications (including packing and labeling), following steps shall be
taken:
- The Xxxxxxx Solar shall notify the Supplier by fax or by e-mail that there
is an upcoming claim related to a non-conformance.
- Supplier shall upon such notification provide a RMA number to be used as
identification when Wafers are returned from the Xxxxxxx Solar to the
Supplier.
- As soon as the RMA Wafers and the RMA report (which describes the non
conformity) are received by Supplier, it will be checked for by the
Supplier.
The outcome of this inspection may fall into several categories, including but
not limited to:
a) The Wafers that meet the agreed Specification will be returned to the Xxxxxxx
Solar.
b) Wafers that do not meet the Specifications shall be replaced by the Supplier
and the replacement of the Wafers shall be forwarded as part of the next
shipment.
c) Should there after above inspection still be Wafers where the Supplier and
Xxxxxxx Solar cannot agree on classification, handing and possible
compensation, such cases shall be subject of further discussion in dedicated
meetings.
Confidential Page 1 of 4 rev03-04-2007
APPENDIX D
QUANTITIES AND DELIVERY SCHEDULE
The following specific terms and conditions apply to the quantities of Wafers
to be supplied to Xxxxxxx Solar by LDK under this Agreement:
For the purpose of interpreting this Appendix and all documents relating
thereto, the following definitions are used. Words incorporating the singular
will also include the plural and vice versa, where the context so requires.
'MAXIMUM ANNUAL QUANTITY': means the maximum number of Wafers as specified
below that Supplier can be obliged to supply to Xxxxxxx Solar in any given year.
'MINIMUM ANNUAL QUANTITIES': means the minimum number of Wafers as specified
below to be purchased by Xxxxxxx Solar in any given year.
'AGREED ANNUAL QUANTITIES': means the agreed number of Wafers to be purchased by
Xxxxxxx and to be supplied by LDK in a specific calendar year under this
Agreement, being a number of Wafers within the range from the Minimum Annual
Quantities to the Maximum Annual Quantities, which number is determined and
communicated by Xxxxxxx Solar ultimately before November 1st in the foregoing
year.
1. MAXIMUM ANNUAL QUANTITIES
The Maximum Annual Quantities in a given calendar year starting in 2008 are
calculated as follows:
33 1/3% (thirty three one third per cent) of the actual total solar cells'
production volume of Xxxxxxx Solar in such given calendar year.
Xxxxxxx Solar's yearly solar cells' production capacity (end of the year
situation) is currently expected to develop as follows:
2007: 110 MWp*
2008: 210 MWp*
2009: 310 MWp*
2010: 460 MWp*
(* volumes calculated on basis of 20 MWp = 5,460,000 Pcs in 2007)
Xxxxxxx Solar's yearly solar cells' production volume is currently expected to
develop as follows:
2008: 150 MWp*
2009: 275 MWp*
2010: 400 MWp*
(* volumes calculated on basis of 20 MWp = 5,460,000 Pcs in 2007)
CONFIDENTIAL Page 2 of 4 REV03-04-2007
2. MINIMUM ANNUAL QUANTITIES
The Minimum Annual Quantities in a given calendar year starting in 2008 are
calculated as follows:
25% (twenty five per cent) of the actual total solar cells' production volume
of Xxxxxxx Solar in such given calendar year.
For the year 2008 up to 2010 the following Annual Quantities apply:
WAFER QUANTITIES IN PCA/MWP YEAR MONTHLY
DIMENSION/ DELIVERY
THICKNESS MINIMUM MAXIMUM SCHEDULE
-----------------------------------------------------------------------------
156x156 5,460,000 5,460,000 2007 To be agreed upon
mm 240 mu Pcs Pcs
-----------------------------------------------------------------------------
156x156 10,700,000 14,250,000 2008 To be agreed
mm 200mu Pcs Pcs
-----------------------------------------------------------------------------
156x156 19,600,000 26,125,000 2009 To be agreed
mm 200mu Pcs Pcs
-----------------------------------------------------------------------------
156x156 29,790,000 39,710,000 2010 To be agreed
mm 170mu Pcs Pcs
-----------------------------------------------------------------------------
3. AGREED ANNUAL QUANTITIES AND DELIVERY SCHEDULE
For the year 2007 and 2008 the following Agreed Annual Quantities and Delivery
Schedule apply:
Confidential Page 3 of 4 rev03-04-2007
2007
WAFER QUANTITIES IN PCS/MWP YEAR MONTHLY
DIMENSION/ DELIVERY
THICKNESS MINIUM MAXIMUM SCHEDULE
--------------------------------------------------------------------------------
156x156 5,460,000 5,460,000 2007. January 200,000
mm 240mu Pcs Pcs pcs
February 150,000
pcs
March 150,000
pcs
April 150,000
pcs
May 300,000
pcs
June 500,000
pcs
July 660,000
pcs
August 670,000
pcs
September 670,000
pcs
October 670,000
pcs
November 670,000
pcs
December 670,000
pcs
NOTES:
Every reduction of the wafer thickness with 30 Microns will result in a
quantity increase of 4,5% on the volumes as mentioned in this Appendix.
Confidential Page 4 of 4 rev 03-04-2007
2008
WAFER QUANTITIES IN PCS/MWP YEAR MONTHLY
DIMENSION/ DELIVERY
THICKNESS MINIMUM MAXIMUM SCHEDULE (TENTATIVE)
-------------------------------------------------------------------------------
156x156 13,650,000 13,650,000 2008. January 840,000
mm 200mu Pcs Pcs pcs
--------------------
February 840,000
pcs
--------------------
March 840,000
pcs
--------------------
April 1,000,000
pcs
--------------------
May 1,000,000
pcs
--------------------
June 1,000,000
pcs
--------------------
July 1,340,000
pcs
--------------------
August 1,340,000
pcs
--------------------
September 1,340,000
pcs
--------------------
October 1,370,000
pcs
--------------------
November 1,370,000
pcs
--------------------
December 1,370,000
pcs
-------------------------------------------------------------------------------
Notes:
------
Every reduction of the wafer thickness with 30 Microns will result in a
quantity increase of 4,5% on the volumes as mentioned in this Appendix.
