CONTRACT No. 32-000155-01C V
Exhibit
4.28
CONTRACT
No.
32-000155-01C V
made
between
THE
BUYER
Zhejiang
Yuhui Solar Energy Source Co., Ltd (ReneSola)
ADDRESS:
Xx.0 Xxxxxx Xxxx Xxxxxxxxx
Xxxxxxxxxx
Xxxx,
Xxxxxxx
Xxxxxxx, Xxxxxxxx Xxxxxxxx,
000000
China
Tel: x00
(0)000 0000000
Fax: x00
(0)000 0000000
and
THE
SELLER:
ALD
VACUUM TECHNOLOGIES GmbH
ADDRESS:
Xxxxxxx-Xxxx-Xxxxxxx 00, 00000 Xxxxx, Xxxxxxx
Fax:
00-0000-000-0000
Tel:
00-0000-000-0000
This
contract is made by and between the Buyer and Seller, whereby the Buyer agrees
to buy and the Seller agrees to sell the under mentioned commodity according to
the terms and conditions stipulated below:
1
1.
ITEM
|
COMMODITIES; SPECIFICATIONS
|
ALL AMOUNTS
in
EUR
|
||||
1
|
Eighty
(80) Silicon Crystallisation Units Type SCU 400 capable of Melting,
Crystallising, Annealing and Cooling Down of Photovoltaic Grade Silicon
Ingots, scope of supply and service as per Annex 1,
|
[****] | * | |||
2
|
Spare
Parts Package
|
[****] | * | |||
-hereafter
referred to as the Equipment or the Goods-
|
||||||
CIF
Shanghai, China Seaport according to Incoterms 2000.
|
||||||
Total
Contract Price
|
EUR 40,800,000
|
in words:
EUR Forty Million Eight Hundred Thousand only.
2. COUNTRY OF ORIGIN AND
MANUFACTURERS: European Community;
ALD
Vacuum Technologies GmbH, Germany
3.
PACKING:
To be
packed in new strong wooden cases and suitable for long distance ocean
transportation and to change of climate, well protected against rough handling,
moisture, rain, corrosion, and shocks. The wooden cases shall be marked with an
IPPC Stamp.
The
Seller shall be liable for any direct damage of the commodity and direct
expenses incurred on account of improper packing and for any rust attributable
to inadequate or improper protective measures taken by the Seller in regard to
the packing.
*
|
This
portion has been omitted and filed separately with the Securities and
Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange
Act of 1934.
|
2
4.
SHIPPING XXXX
The
Seller shall xxxx on the four adjacent sides of each package with fadeless
painting the package number, gross weight, net weight, measurement, Contract
No., port of destination, consignee code and the wordings “KEEP AWAY FROM
MOISTURE”; “HANDLE WITH CARE”, “THIS SIDE UP”, the lifting position, gravity
centre and the shipping xxxx:
RENESOLA
Contract
00-000000-00 C V
5. TIME OF SHIPMENT (delivery
“on board” European Seaport, i.e. date of Xxxx of Lading):
Under the
condition that the down payment as per Article 9.1 is credited at sellers
account not later than July 30, 2008 and the 1st Letter
of Credit as per Clause 9.2 and 9.4 is received by the Seller not later than
August 15, 2008, the delivery time will be as follows,
1st
Lot:
06 SCU
400 not later than [****]*
02 SCU
400 not later than [****]*
12 SCU
400 not later than [****]*
12 SCU
400 not later than [****]*
16 SCU
400 not later than [****]*
60% of
the Spare Parts Package not later than [****]*
Under the
condition that the down payment as per Article 9.1 is credited at sellers
account not later than July 30, 2008 and the 2nd Letter
of Credit as per Clause 9.3 and 9.4 is received by the Seller not later than
November 30, 2009, the delivery time will be as follows,
*
|
This
portion has been omitted and filed separately with the Securities and
Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange
Act of 1934.
|
3
2nd
Lot:
16 SCU
400 not later than [****]*
16 SCU
400 not later than [****]*
40% of
the Spare Parts Package not later than [****]*
Earlier
delivery in other sequences is allowed.
In case
of a delay in receipt of the down payment and/or Letter of Credit(s), the time
of delivery is prolonged by an appropriate period.
6 PORT OF SHIPMENT: European
North-Sea Port
7 PORT OF DESTINATION:
Shanghai Seaport China
8 TRANSPORT INSURANCE: Under
CIF terms transport insurance for 110 % of the invoice value shall be
arranged by the Seller.
9.
PAYMENT TERMS:
All
payment under this contract from the Buyer to the Seller shall be made via
Industrial and Commercial Bank of China, Zhejiang Branch, Swift BIC:
XXXXXXXXXXX, IID No. 307911, Account No. 1204070009814017930 via Swift
to Seller’s account as follows:
9.1 30%
of the total contract amount, i.e. [****]*–as down payment to be paid against
presentation of a down payment invoice showing the same amount in favor of ALD’s
account no. with Bayerische Hypo und Vereinsbank, Aschaffenburg, or COMMERZBANK
Ffm to be received by seller no later than fifteen (15) calendar days after
coming into force of contract.
9.2 The
Buyer shall open with a first class Chinese Bank the 1st Letter
of Credit to be advised by Seller’s Bank to the Seller not later than 30 days
after coming into force of the contract for [****]*, --- representing the
value of 70% of 48 Furnaces i.e. [****]*—plus Spare Parts i.e.
[****]*—representing 70% of the value of the spare parts of the 1st lot.
The latest date of shipment shall be 9 months from coming into force of the
contract plus 8 weeks.
9.3 The
Buyer shall open with a first class Chinese Bank the 2nd Letter
of Credit to be advised by Seller’s Bank to the Seller not later than 5 months
after coming into force of the contract for [****]*, --- representing the
value of 70% of 32 Furnaces i.e. [****]*—plus Spare Parts i.e.
[****]*—representing 70% of the value of the spare parts. The latest date of
shipment shall be 11 months from coming into force of the contract plus 8
weeks.
*
|
This
portion has been omitted and filed separately with the Securities and
Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange
Act of 1934.
|
4
9.4 The
both Documentary Letters of Credit as per item 9.2 and 9.3 shall irrevocably
opened in favor of the Seller, shall be advised by and payable as Hypo
Vereinsbank, Frankfurt or COMMERZBANK Frankfurt (to be advised by the Seller)
not expiring before the last payment rate has been paid out. Partial shipment
allowed. Period for presentation of documents shall not less than 21 days. The
letters of Credit shall be payable as follows:
|
70% pro
rata delivery of the partial contract amount for the Furnaces as per
9.3 and 9.4 against Seller’s presentation of
:
|
|
-
|
Seller’s
commercial invoice signed in 1 original and 4 copies, indicating the
contract no. and shipping xxxx,
|
|
-
|
Full
set of 3/3 original clean on board Bills of Lading marked “Freight
pre-paid”, indicating Contract No. and shipping xxxx made out to order and
blank endorsed, notifying the
Buyer,
|
|
-
|
Packing
List in 2 originals and 2 copies issued by the Seller with indication of
gross weight, net weight, dimension of each package, number of packages
and content of each package.
|
|
-
|
Certificate
of Quality and Quantity issued by the Seller, in one original and two
copies
|
|
-
|
Certificate
of Origin in one original and two
copies
|
|
-
|
One
copy of fax to the Buyer, advising particulars of shipment within 8
working days after date of B/L is
made
|
|
-
|
A
Performance Bond for 5% of the value of the Furnaces of the
respective partial shipment issued by a first class German Bank or
Insurance Institute in favour of the Buyer
|
- |
70% pro
rata delivery of the partial contract amount for Spare Parts
against Seller’s presentation of
:
|
|
-
|
Seller’s
commercial invoice signed in 1 original and 4 copies, indicating the
contract no. and shipping xxxx,
|
|
-
|
Full
set of 3/3 original clean on board Bills of Lading marked “Freight
pre-paid”, indicating Contract No. and shipping xxxx made out to order and
blank endorsed, notifying the
Buyer,
|
|
-
|
Packing
List in 2 originals and 2 copies issued by the Seller with indication of
gross weight, net weight, dimension of each package, number of packages
and content of each package.
|
|
-
|
Certificate
of Quality and Quantity issued by the Seller, in one original and two
copies
|
5
- |
Certificate
of Origin in one original and two copies
|
|
|
-
|
One
copy of fax to the Buyer, advising particulars of shipment within 8
working days after date of B/L is
made
|
All the
banking charges incurred in China shall be borne by the Buyer while all the
banking charges incurred outside China shall be borne by the
Seller.
10.
SHIPMENT:
Trans
shipment is prohibited. Partial shipments are allowed.
One copy
of fax to the Buyer, advising particulars of shipment within 3 working days
after date of B/L is made as per the stipulations of Clause 11.2.
11.
LATE DELIVERY AND LIQUIDATED DAMAGES:
Should
the Seller fail to make delivery (i.e. shipment on board the vessel as per
Clause 5. above) on time as stipulated in the contract, with exception of Force
Majeure causes specified in Clause 15 of this contract or delays not imputable
to Seller, the Buyer shall agree to postpone the delivery on condition that he
is entitled to claim from Seller Liquidated Damages. After an initial grace
period of 2 weeks, the rate of Liquidated Damages is charged at 0.5% of the
value of the goods being in delay for every complete week of delay. Such
Liquidated Damages, however, shall not exceed 5.0% of the total value of the
Goods involved in the late delivery.
In case
the time of delivery is delayed for more than 4 months for reason solely
attributable to the Seller, the Buyer has the right to terminate the contract
for the furnaces being in such delay. In such a case the Seller has to repay the
down payment received for this furnace(s) and has to pay the respective penalty
to the Buyer.
Further
liabilities of the Seller for delay are excluded.
12
INSPECTION AND TESTING:
12.1
|
The
Seller shall invite the Buyer in time to attend the inspection and testing
procedure in German as described in Chapter 5 of the Annex 2 of the
technical specification for one of the Furnaces produced. The delegation
of the Buyer shall consist of up to 5 persons (including 1 interpreter).
In case the specialist of the Buyer does not attend the testing procedure
the Seller has the right to perform the tests without the presence of the
Buyer.
|
12.2
|
After
arrival of the goods on Buyer’s site, the Buyer, with the Seller’s
representatives ( if requested by the Seller and if Seller’s
representative arrives in time), has the right to apply to the Beijing
Entry-Exit Inspection and Quarantine (hereinafter referred to as the
Entry-Exit Inspection) for a preliminary inspection in respect of the
quality, specifications and quantity/weight of the goods and a Survey
Report shall be issued therefore. If discrepancies are found by the
Entry-Exit Inspection regarding specifications of the quantity or both,
except when the responsibilities lie with insurance company or shipping
company, the Buyer shall, within 60 days after arrival of the goods on
Buyer’s site, have the right to claim against the
Seller.
|
6
|
Should
the quality and specifications of the goods be not in conformity with
contract or should the goods prove defective within the warranty period
stipulated in Clause 13 for any reason imputable to Seller, the Buyer
shall arrange for a survey to be carried out by the Entry-Exit Inspection
and have the right to claim against the Seller on the strength of the
Survey Report.
|
12.3
|
Final
acceptance testing of the Furnaces shall be carried out as per Chapter 7
of Annex 2. Final acceptance shall take place for each of the delivered
furnace independently.
|
13 SHIPPING
ADVICE:
The
Seller shall, within 3 working days after B/L-date, advise the Buyer by fax of
the Contract No., commodity, quantity, number of package, invoiced value, gross
weight, name of vessel, date of B/L and B/L- number, and estimated date of
arrival etc.
14 WARRANTY
AND QUALITY:
Seller
warrants that the equipment will be constructed in a workmanlike manner, that it
is free from defects in material and manufacture and that, at the xxxx Xxxxxx
tenders delivery at the destination point, it will conform substantially to the
Specifications and Designs.
If within
12 months after this first start-up at Buyer’s site or within 16 months from FOB
delivery or notification that the equipment is ready for dispatch, whichever is
earlier, any item of the equipment proves to be defective by reason of wrong
choice of material, bad workmanship or faulty design, and such reasons are
attributable to Seller, Seller at his choice and expense, and upon Buyer’s
prompt written notice - which is to be given at the latest within fourteen
(14) days from the discovery of such defect - shall replace the defective
item by a new one or repair it within a reasonable time after receipt of buyer’s
notice, but not more than 3 months unless a special situation is verified, the
parties will reach another agreement in regard of time.
Provided
a claim by the Buyer is received by the Seller in writing during the Seller’s
office hours (Monday to Friday) the Seller shall respond in writing within the
following 2 working days and will manage to work out a suitable solution with
the Buyer.
It is
agreed and understood that the warranty period starts and end of each of the
delivered furnaces independently.
It is
clearly understood that Seller’s responsibility for parts fabricated locally and
/ or bought by Buyer according to Seller’s engineering instructions is limited
to the submitted design and engineering.
Seller’s
warranty does not cover parts which are subject to normal wear and tear as well
as damages due to improper or negligent handling of equipment or due to
deviations from Seller’s operating instructions.
7
The
foregoing warranties are definite and Seller makes no other warranties with
respect to the equipment, expressed or implied, including no warranty of
merchantability or of fitness for a particular purpose.
15 FORCE
MAJEURE:
The
contract parties shall be released from liability for partial or complete
non-fulfilment of their obligations hereunder if due to Acts of God/Force
Majeure, including but not limited to war, fire, flood, typhoon, earthquake,
strike, embargo or governmental acts or interference’s. In such an event, the
contract party suffering from such event shall promptly notify the other
contract party in writing of the beginning and cessation of the circumstances
preventing performance, and the time for fulfilment of the contractual
obligations shall be extended for a period of time equal to that during which
such circumstances have lasted, or for such other reasonable period as the
contract parties may agree upon. In addition, within fourteen days after the
party’s notification of a Force Majeure event, such party shall send by airmail
to the other party a certificate issued by the Competent Government Authorities
or Chamber of Commerce where the event occurs as evidence thereof.
Should
the Force Majeure period exceed 40 consecutive weeks, either contract party
shall have the right to cancel the contract. No liability or penalty shall be
imposed on the party suffering from such an event for damages of any kind
incurred or sustained by the other party from delays in the performance of this
contract for the reasons stated above.
16 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, the
case may then be submitted for arbitration in Stockholm in accordance with the
arbitral rules promulgated by the Arbitration Commission (ICC, Paris rules). The
arbitration shall take place in Stockholm, Sweden and the decision of the
Arbitration Commission shall be final and binding upon both parties; neither
party shall seek recourse to a law court nor other authorities to appeal for
revision of the decision. Or the arbitration may be settled in a third country
mutually agreed upon by both parties. Arbitration fee shall be borne by the
losing party. The contract shall be governed by the substantive law of
Sweden.
17
EFFECTIVENESS OF CONTRACT:
This
contract shall become effective upon
|
-
|
Signature
of this Contract by both parties.
|
Should
the Seller not having received
8
|
·
|
the
down payment by July 30, 2008
and/or
|
|
·
|
the
1st
L/C(s) by August 5, 2008 and/or
|
|
·
|
the
2nd
L/C by November 30, 2008.
|
The
Seller has the right to adjust the prices and/or to prolong the delivery time(s)
as per Article 5 and related dates for a period of time to be advised by the
Seller.
In case
the contract is not into force on or before September 1st 2008,
the Seller has right to declare this document as invalid.
18. TAXES AND
DUTIES
18.1
|
All
taxes in connection with the execution of this contract levied by the
Chinese Government on the Buyer in accordance with the tax laws in effect
shall be borne by the Buyer.
|
18.2
|
All
taxes arising outside of China in connection with the execution of this
contract shall be borne by the
Seller.
|
19 GENERAL
LIABILITY:
Liability
for damage to persons or property is accepted by the Seller only to the extent
covered by the existing insurance (third party liability insurance) concluded by
the Seller. This third party liability insurance for any one insured event and
annual aggregate shall provide insurance cover up to a limit of € 10.000.000,—
for bodily injury and property damage.
Any
liability by Seller for consequential damages, loss of profit, or any other
indirect losses or damages is expressly excluded, to the extent that the Seller
does not infringe on compulsory law.
20 PASSAGE
OF RISK
The risk
of loss passes to the Buyer according to the provisions of the Incoterms 2000,
applicable for the delivery condition as stipulated in this
contract.
21
PASSING OF TITLE
The
Seller reserves the right of ownership for all deliveries made and services
rendered under the contract until payment of the contract price has been made in
full by the BUYER.
9
The Buyer
shall co-operate in any measures necessary for the protection of Buyer’s title,
in particular reservation of title in the required form in public registers or
similar records, all in accordance with relevant laws.
22 SECRECY
The
Secrecy Agreement signed on September 29, 2006 shall apply to all
information exchanged under this contract.
23
APPENDICES
The
following Appendices form an integral part of this contract:
Annex
1 price sheet
Annex 2
Technical Specification No. SCU 400 No. 32- 0002155-01 Rev A
Annex 3
Draft of the Performance Bond.
IN
WITNESS THEREOF, this contract is signed by all parties in two original copies,
each party holds one copy. The Appendices of this contract shall be an integral
part of the contract and have the same validity as the contract. In case of any
discrepancies, the wording of this contract shall govern. Attached to the
contract or integrated into it might be a Chinese translation of the contract
language. This translation is for reference only and in any case the English
version shall govern.
THE
BUYER:
|
THE
SELLER:
|
|
Zhejiang
Yuhui Solar Energy Source Co., Ltd
(ReneSola)
Xx.0
Xxxxxx Xxxx Xxxxxxxxx Xxxxxxxxxx
Xxxx,
Xxxxxxx Country, Xxxxxxxx Xxxxxxxx, 000000
Xxxxx
|
ALD
VACUUM TECHNOLOGIES GmbH
Xxxxxxx
Xxxx Xxx. 00
00000
Xxxxx, Xxxxxxx
|
/s/
Xxxx Xxx
|
/s/
Xxxxxx Xxxx
|
|
Xx.
Xxxx Xxx COO and General Manager
|
ppa.
Xxxxxx Xxxx
|
|
July
15, 2008
|
July
15, 2008
|
10
ALD
Vacuum Technologies GmbH
|
Annex
1 to Contract CV
|
PRICE SHEET
00-000000-00 C V
for
Eighty (80) Silicon Crystallisation
Units
Type
SCU 400
Capable
of Melting, Crystallising, Annealing and Cooling Down of Photovoltaic Grade
Silicon
11
ALD
Vacuum Technologies GmbH
|
Annex
1 to Contract CV
|
1. Price for SCU 400
1.1 The price for Eighty (80) SCU
400
as per
scope of supply defined in Chapter 3 of
Technical
Specification No. 00-000000-00 C V amounts to
([****]*,—for
each
furnace) [****]*,
The steel
structure as per item 3.12 of Annex 2 for the eight furnaces shall be
manufactured and delivered by the Buyer. The Seller shall provide the basic
engineering for this steel structure.
1.2 The price for
Supervision
as
defined in Chapter of
Technical
Specification No. 00-000000-00 C V (Annex 2)
One
Hundred and Twenty (120) man weeks included in Position 1.1. and
1.2.
1.3 Spare
parts
1.3.1 Spare
parts package to be selected by the
customer [****]*
1.3.2 15
(fifteen) Set of Top-and Bottom heater
Each
consisting of: Heating Rods and Connecting
tubes [****]*
Total
contract value CIF Shanghai according to INCOTERMS
2000 EUR 40,800,000
*
|
This
portion has been omitted and filed separately with the Securities and
Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange
Act of 1934.
|
12
ALD
Vacuum Technologies GmbH
|
Annex 2
to Contract CV
|
TECHNICAL
SPECIFICATION
00-000000-000
For
Silicon
Crystallisation Unit
Type SCU
400
Capable
of Melting, Crystallising, Annealing and Cooling Down
of
Photovoltaic Grade Silicon
Customer:
|
Xxxx
Xxxx
|
XX.0 Xxxxxx
Xxxx
|
|
Xxx
Xxxxxx
|
|
Xxxxxxx, Xxxxxxxx
Xxxxxxxx
|
|
000000
CHINA
|
|
Phone:
0000 000
0000
|
|
Fax: 0000 000
0000
|
|
Proposed
by:
|
ALD Vacuum Technologies
GmbH
|
Xxxxxxx-Xxxx-Xxx.
00
|
|
X-00000
Xxxxx
|
|
Contact partner
sales:
|
Xx. Xxxxxxx
Xxxxxxx
|
Phone:
x(00) 0000-000-0000
|
|
Fax: x(00) 0000-000-0000
|
|
E-Mail:
xxxxxxx.xxxxxxx@xxx-xx.xx
|
|
Representative I
Local
Office:
|
C & K Development Co.
Ltd.
|
0000, Xxxxxxxxx Xxxxxxxx,
Xxxxx 1
|
|
18 Jianguomennai Avenue
|
|
Beijing
-100005
|
|
P. R. China
|
|
Contact: Xx. Xxx
Zhaoyu
|
|
Phone: x00-00-00000000
|
|
Fax: x00-00-00000000
|
|
Date
|
June 11th ,
2008
|
13
ALD
Vacuum Technologies GmbH
|
Annex 2
to Contract CV
|
Table of
Contents
TECHNICAL
SPECIFICATION
|
13
|
|
1.
|
General
Description
|
16
|
1.1
|
Features
of the SCU 400 furnace design
|
16
|
1.2
|
Principle
Furnace Concept
|
17
|
2.
|
Technical
Data
|
19
|
2.1
|
Utilities,
supply
|
21
|
2.2
|
Process
cycle
|
22
|
2.3
|
Applicable
Regulations, Standards and Laws
|
22
|
3.
|
Scope
of Supply
|
23
|
3.1
|
Process
chamber
|
23
|
3.2
|
Chamber
lid
|
23
|
3.3
|
Segmented
Top Heating System
|
24
|
3.4
|
Bottom
Heating System
|
24
|
3.5
|
Safety
Features of the Plant
|
25
|
3.6
|
Heat
Extraction System
|
25
|
3.7
|
View
Port
|
26
|
3.8
|
Electric
Operating and Control Equipment
|
26
|
3.9
|
Gas
Control
|
27
|
3.10
|
Internal
Cooling Water Distribution System
|
28
|
3.11
|
Compressed
Air System
|
28
|
3.12
|
Basic
Engineering for Platforms and Steel Structure
|
28
|
3.13
|
Painting
|
28
|
3.14
|
Vacuum
System
|
29
|
3.15
|
Documentation
|
29
|
14
ALD
Vacuum Technologies GmbH
|
Annex 2
to Contract CV
|
4.
|
Spare
Parts
|
31
|
5.
|
Cold
Tests, and Hot Tests Prior to Delivery
|
32
|
5.1
|
Pre-Test
Conditions
|
32
|
6.
|
Installation,
Cold - Hot Tests and Training at Customers Site
|
33
|
6.1
|
Training
at Customer's Site
|
33
|
6.2
|
Supervision
for a set of eighty (80) SCU 400 furnaces
|
34
|
7.
|
Final
Commissioning Acceptance Test at Customers Site
|
35
|
8.
|
Purchaser’s
Obligations
|
36
|
15
ALD
Vacuum Technologies GmbH
|
Annex 2
to Contract CV
|
1.
|
GENERAL
DESCRIPTION
|
The SCU
400 is a new stand-alone furnace for melting and crystallising of solar grade
silicon into an ingot for photo voltaic use. We offer the SCU 400 as
a square furnace concept. The size of the furnace allows to use
different sizes of hot zones to vary the crucible sizes, if
required.
The SCU
400 allows to melt and crystallise one (1) ingot per cycle.
The
offered hot zone of the furnace is designed to use the new crucible generation
with average dimensions of approx. 840 x 840 mm and 420 mm
height. With this hot zone it is possible to melt and crystallize a
Si ingot with a weight of approx.: 400 kg per cycle resulting in an expected
capacity of approx. 6 MWp/y.
![](https://www.sec.gov/Archives/edgar/data/1417892/000114420409037231/ex4-28pg16.jpg)
The
principle layout of one single Silicon Melting, Crystallization and Annealing
Unit is given in the attached drawing no.0.520-064317.
Remark:
The data
mentioned in the Technical Specification hereafter are made for one (1) SCU 400
furnace, if not otherwise stated.
1.1
|
Features of the SCU 400 furnace
design
|
|
·
|
No
movement of the mould during
processing.
|
16
ALD
Vacuum Technologies GmbH
|
Annex 2
to Contract CV
|
|
·
|
Bottom
and top heater design with cooling trap in the bottom section, which
allows a controlled crystallization with high efficiency. No
side heaters are required.
|
|
·
|
The
process steps "Start-Up Cycle", "Melt-Down", "Crystallizing", "Annealing"
and "Cool-Down" of photo voltaic silicon will be performed automatically
PLC-controlled under vacuum and/or controlled
atmosphere.
|
|
·
|
PLC-controlled
system is proven for industrial scale networking of all extended SCU
furnaces. Software is capable to apply data for a central
process control.
|
|
·
|
Vacuum
pumping system with dry fore pump to reduce service and maintenance
work.
|
|
·
|
Safety
features such as chamber pressure relief, over-temperature protection,
water detection and chamber bottom shielding tiles protect the furnace
operations personnel in case of a crucible run
out.
|
|
·
|
The
hot zone is designed as a complete module which can be removed in one unit
and transported in a separate workshop area for service and maintenance
purposes. This allows the hot zone to realize a short down time
at the furnace site.
|
1.2
|
Principle Furnace
Concept
|
The SCU
400 furnace concept is a proven design in the application of melting and
crystallizing of silicon for solar application. The furnace is
equipped with a water cooled furnace housing. A lid on top of the
furnace can be moved for loading and unloading of the mould. The
mould will be placed on a support and is not moved during
processing. The melting and crystallizing is realized by using a top
and a bottom heater.
The
heaters and the mould are surrounded by a specially treated graphite insulation
material. During the melting process the bottom is insulated with a
movable heat gate, which will be moved aside before starting with the
crystallization of the liquid material. A cooling trap for
crystallization is located under the heat gate. The crystallization
speed of the liquid Si inside the mould is controlled via the power control of
the top and bottom heater.
To
exchange the atmosphere and to control the pressure inside the furnace a vacuum
pumping system is used.
The
operator control is equipped with all the function and process visualization to
operate the furnace and to document the process data in an automatic
mode. The supplied furnace SCU 400 will be equipped with proven
components of high quality.
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Vacuum Technologies GmbH
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Annex 2
to Contract CV
|
![](https://www.sec.gov/Archives/edgar/data/1417892/000114420409037231/ex4-28pg18.jpg)
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ALD
Vacuum Technologies GmbH
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Annex 2
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|
2.
|
TECHNICAL
DATA
|
for one
(1) SCU 400
|
Ø
|
Furnace
Capacity
|
Capacity
per cycle
|
1
|
Crucible
|
|
Silicon
load per crucible
|
approx.:
|
400
|
kg
|
(depending
on crucible size and possible filling density of raw material)
|
Ø
|
Product
Data
|
Material
class: PV solar grade silicon
Mass
density (solid state):2,33kg/dm3
Ingot
Size: approx. 830 x 830 x 250mm
(depending
on crucible size and possible filling height)
|
Ø
|
Temperature
|
Max.
furnace temperature:
|
1570
|
°C
|
|
Ø
|
Atmosphere
|
vacuum or
inert-gas
|
Ø
|
Temperature
Measurement
|
Top
Area
One (1)
digital infrared two-colour pyrometer is installed. The pyrometer
position is the centre of the ingot.
Bottom
Area
One (1)
digital infrared two-colour pyrometer looking at the centre of the underside of
the graphite support plate of the crucible.
|
Ø
|
Thermocouples
|
Two (2)
thermocouples for temperature measurement on different areas in the hot
zone
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Annex 2
to Contract CV
|
|
Ø
|
Crucible
Dimensions
|
Quartz
Crucibles standard
Inner
Dimensions; L x W x H: average 830 x 830 x 420
mm
|
Ø
|
Graphite Plates for
Crucibles
|
Side
Plates; Lx W x H: approx. 900 x 400 x 15
mm
Bottom
Plate; L x W x H: approx. 940 x 940 x
20 mm
Remark:
These
plates are part of the crucible assembly and are always moved together with the
quartz crucibles for loading / unloading the furnace.
|
Ø
|
Support Plate for Moulds made
from Graphite
|
Support
Plate; L x W x H: approx. 1000 x 1000 x 60
mm
Remark:
Support
plates are a static part of the furnace.
|
Ø
|
Thermal Graphite Insulation
Materials
|
Graphite
Hard Felt Materials
|
Ø
|
System Dimensions for one
furnace
|
Overall
length: approx. 6,0
m
Overall
width: approx. 4,0
m
Overall
height: approx. 4,2
m
Crane
hook, min. height approx.
5,0 m
|
Ø
|
Vacuum System
Data
|
Pumping
capacity fore-pump: approx. 70 m3/h
Pumping
capacity Roots-pump: approx. 500 m3/h
Ultimate
vacuum pump set: ≤ 8 * 10-2 mbar
Leak- and
Desorption Rate, measured as pressure rise test: 8
* 10-2 mbar l/s
Operating
Pressure 1
- 900 mbar
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Vacuum Technologies GmbH
|
Annex 2
to Contract CV
|
2.1
|
Utilities,
supply
|
|
Ø
|
Electrical Supply
Data
|
Low-Voltage
Distribution
Supply
voltage: 3 x 400 VAC
± 10 %, 50 Hz
Rated
power: approx. 220
kVA
Heaters
Top
Heater:
approx. 110 kW
Bottom
Heater: approx. 80
kW
Process-Gas
Supply
Gas
type: Argon or
Helium
Gas
pressure:
5 bar
Ar approx. 35 NI/min.
Ar
Consumption
Total Ar
consumption for one
cycle approx.
60 N/m3
Argon
Flowrate 30
NI/min
Argon
quality
(5.0) 99,999%
|
Ø
|
Compressed Air
Supply
|
Pressure: 6
bar
Maximum
pressure
drop: 1
bar over any 60 s period
Consumption approx.
20 NI/min
|
Ø
|
Water Supply
System
|
Inlet: min./max.
4/6 bar
Pressure
difference
inlet/outlet 3,5
bar
Flow: approx.
200 l/min.
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Vacuum Technologies GmbH
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Annex 2
to Contract CV
|
Average
ΔT approx. 8
°C
Inlet
temperature for normal operation: 12 - 32°C
|
Ø
|
Cooling Water
Conditions
|
Mechanically
pure / width of
mesh: 0,38
mm
Chemically
pH data: 7,0 -
8,5 pH
Carbonate
hardness,
max.: 8
°DH
|
Ø
|
Ambient Conditions of the SCU
furnace
|
Outside
temperature 10
- 35°C
Humidity
(not condensing!) 20
- 80%
2.2
|
Process
cycle
|
A process
cycle time for a standard ingot of approx. 400 kg is expected to be approx. 48 -
52 h. The process cycle also depends on Si raw material condition and
shape.
2.3
|
Applicable Regulations,
Standards and Laws
|
Regarding
equipment construction and manufacturing we will consider all valid European and
national technical regulations, standards and laws valid for manufacturer at
time of order placement and which will be necessary for fabrication and
operation of equipment.
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Vacuum Technologies GmbH
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Annex 2
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|
3.
|
SCOPE
OF SUPPLY
|
One (1)
SCU 400 furnaces equipped with the following if not otherwise
stated:
3.1
|
Process
chamber
|
The
process chamber is a rectangular furnace body with a movable lid on
top.
The
chamber lid is fixed to the furnace body
The
process chamber is double-walled for water cooling
The
process chamber is designed to operate the furnace with a pressure of approx. 1
- 900 mbar.
The
inside walls are made out of stainless steel, the outside walls are made of mild
steel.
Process Chamber,
mainly consisting of:
|
One
|
(1)
|
Double
walled chamber body, water-cooled inner chamber parts made of stainless
steel, with mating flanges for the lid. Outer furnace will be
made out of mild steel.
|
|
One
|
(1)
|
Port
for the pumping unit
|
|
Two
|
(2)
|
Ports
for the high-current feed-through for the
heaters
|
|
One
|
(1)
|
Set
of stainless steel protection plates. These protection steel
plates are to be placed temporarily between hot zone and chamber wall
during the bake-out procedures in order to collect condensable organic
compounds and, by this, reduce contamination of the
chamber.
|
|
One
|
(1)
|
Port
with feed through for TC
measurement
|
3.2
|
Chamber
lid
|
The lid
carries the top heater- module. The lid, together with the top
heaters, can be risen and swivelled aside to provide easy access to the moulds
for loading / unloading and inspection of the heater.
The lid
is double-walled for water cooling.
The
inside walls are made out of stainless steel, the outside walls are made of mild
steel.
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Vacuum Technologies GmbH
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Annex 2
to Contract CV
|
Chamber Lid, mainly
consisting of:
|
One
|
(1)
|
Double-walled
chamber lid, water-cooled inner chamber parts made from stainless steel,
with mating flanges for the chamber. Outer furnace lid will be
made of mild steel.
|
|
Two
|
(2)
|
Ports
for the high-current feed-through for the
heater
|
|
One
|
(1)
|
Set
of standard ports measuring, auxiliary devices and
instrumentation.
|
Remark:
The
chamber lid is fixed on the process chamber by its weight. In case of
unexpected overpressure inside the chamber the lid works as an overpressure
release by lifting up for about 2 cm. The gases which leave the
chamber in this case will be reflected towards the ground by an reflection plate
fastened to the mating flange of the lid.
3.3
|
Segmented Top Heating
System
|
The top
heating is a graphite resistance heater. The heater system has good
accessibility to ease maintenance and service work. Water-cooled
high-current power pipes inside and cables outside the process chamber are
provided for power transmission.
The
thermal insulation is made of high-efficient graphite felt to reduce thermal
losses and provide suitable vacuum properties.
The top heating system
mainly consists of:
|
One
|
(1)
|
Set
of graphite heater with one combined thyristor
controller
|
|
One
|
(1)
|
Set
of power cables extended from the vacuum feed-through to the output of the
transformer.
|
|
One
|
(1)
|
Set
of copper pipe extended from the vacuum feed-through to the connection of
the graphite heater
|
|
One
|
(1)
|
Set
of graphite insulation
|
|
One
|
(1)
|
High-current
transformer as power source for the graphite
heater.
|
|
One
|
(1)
|
SCR
with continuously variable output
power
|
3.4
|
Bottom Heating
System
|
The
bottom heating system is a graphite resistance heater and remains permanently
installed in the process chamber. The heater insulation system has
good accessibility to ease maintenance and service work.
Water-cooled
high-current power pipes inside and cables outside the process chamber are
provided for power transmission.
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Vacuum Technologies GmbH
|
Annex 2
to Contract CV
|
The
thermal insulation is made of high-efficient graphite felt to reduce thermal
loss and provide suitable vacuum properties.
Bottom Heating
System, mainly consisting of:
|
One
|
(1)
|
Set
of graphite heater with combined controlled heating
elements
|
|
Two
|
(2)
|
Thermocouple
to read the temperature from the hot zone resp. the cooling
zone
|
|
One
|
(1)
|
Set
of high-efficiency graphite insulation for the entire
heater
|
|
One
|
(1)
|
Set
of power cable extended from the vacuum feed-through to the output of the
transformer.
|
|
One
|
(1)
|
Set
of copper pipe extended from the vacuum feed-through to the connection of
the graphite heater
|
|
One
|
(1)
|
High-current
transformer as power source for the graphite heaters. The
transformer is mounted in near proximity to the process chamber to
minimise electrical losses in the supply
line.
|
|
One
|
(1)
|
SCR
with continuously variable output
power
|
3.5
|
Safety Features of the
Plant
|
|
One
|
(1)
|
Water
detection system to detect safety relevant water leaks in order to monitor
the system safety.
|
|
One
|
(1)
|
Set
of copper plates covering the furnace bottom to function as a heat sink in
case of a crucible run out.
|
|
One
|
(1)
|
Furnace
chamber lid working as high cross-section pressure relief in case of
pressure surge inside the chamber
|
|
One
|
(1)
|
Ground-fault
detection system in top and in bottom
heater
|
3.6
|
Heat Extraction
System
|
The heat
extraction system consists of a movable insulation shutter for the crucible
position, positioned above the water-cooled trap made of copper.
The
bottom heater rods are positioned between the heat gate and the
crucibles.
During
the process cycles "Melt-In" and "Annealing", the heat gate is closed in order
to minimise heat losses.
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Vacuum Technologies GmbH
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Annex 2
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|
Heat Extraction
System, mainly consisting of:
|
One
|
(1)
|
Insulation
shutters, horizontally movable
|
|
One
|
(1)
|
Sets
of vacuum feed-through for shutter
movement
|
|
One
|
(1)
|
Electric
motor drive for the isolation
shutters
|
|
One
|
(1)
|
Heat
sink, designed as a water-cooled copper
construction
|
3.7
|
View
Port
|
|
One
|
(1)
|
Set
of view ports, closed with blind
flanges
|
|
One
|
(1)
|
Pyrometer
view port for installation of pyrometer and visible inspection of the
melt.
|
3.8
|
Electric Operating and Control
Equipment
|
Electric Operating and
Control Equipment, mainly consisting of:
|
1.
|
One (1) Control
Cabinet
|
This
control cabinet, made of metallic structure, free-standing, dust-proof,
completely wired and equipped with all internal AC/DC supplies, contactors,
relays, motor starters and fuses, except the parts directly connected to the
furnace.
Control Cabinet,
mainly consisting of:
One
|
(1)
|
Thyristor
controller for Top Heater with communication interface, connecting load
approx. 110 kW
|
One
|
(1)
|
Thyristor
controller for Bottom Heater, with communication interface, connecting
load approx. 80 kW
|
One
|
(1)
|
PLC-control
system (SIMATIC) consisting of central processor unit and digital/analogue
in- and outputs. Software program includes standard
interlocking for the protection of the operator and
equipment.
|
One
|
(1)
|
UPS
to ensure the data saving in case electrical power supply
fails. The UPS provides full power for the PC-System allowing
to save actual data files and to restart the data acquisition after the
network power will be available
again.
|
The
furnace is switched off due to any lack of cooling water failure and it is
ensured that vacuum valves and pumps are correctly sequenced. The PLC
is installed in the control cabinet.
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Vacuum Technologies GmbH
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Annex 2
to Contract CV
|
|
2.
|
Electrical Parts at the
furnace
|
|
One
|
(1)
|
Two-colour
pyrometer including wiring and tubing to control the temperature in the
centre of the crucible
|
|
One
|
(1)
|
Two-colour
pyrometer to control the temperature of the centre of the lower side of
the support plate
|
Several
Precision Support Thermocouples – for precise and reproducible placement of
thermocouples for top- resp. bottom area, incl. prefabricated thermocouples and
prefabricated insulating tubes.
|
3.
|
Four (4 ) Central Control
Stations each to operate a set of eighteen (18)
furnaces
|
consisting
of a sufficient number of operation interface screens to supervise a set of ten
furnaces based on WINDOWS PC's.
The
operator interface screens will display:
|
·
|
All
set points
|
|
·
|
All
actual values
|
|
·
|
All
important furnace conditions and
interlocks
|
|
·
|
All
relevant process conditions
|
|
·
|
All
alarm signals
|
|
·
|
Recipe
handling and status
|
|
·
|
Online
and historical trends
|
|
·
|
Data
loggings
|
REMARK:
Additional eight (8) furnaces will be installed in other
workshops. They will be connected to the available central control
station in this workshop area.
3.9
|
Gas
Control
|
The gas
control supplies process gas to the surface of the melt bath. The
mass flow controller allows pre-programming and is variably
controlled.
27
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Vacuum Technologies GmbH
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Annex 2
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|
Gas
Control, consisting of:
|
One
|
(1)
|
Mass
flow controller with variable control for process
gas
|
|
One
|
(1)
|
Pneumatically
controlled backfill valve
|
|
One
|
(1)
|
Pressure
switch to monitor the supply line
|
Instrumentation
is suitable to work with Ar.
3.10
|
Internal Cooling Water
Distribution System
|
The
cooling water distribution system will be pre-assembled, plumbed and tested in
ALD's works.
Internal
Cooling Water System, mainly consisting of:
|
One
|
(1)
|
Water
manifold for the supply and for the drain of cooling
water.
|
|
One
|
(1)
|
Set
of throttles, valves, water flow
relays
|
Water
manifolds include interlock switches on critical circuits. The
manifold is mounted onto one rig.
3.11
|
Compressed Air
System
|
to supply
compressed air to the pneumatically operated valves, mainly consisting
of:
|
One
|
(1)
|
Heavy
duty filter, regulator and lubricator with gauge and
drain
|
|
One
|
(1)
|
Pressure
switch to monitor the supply line
|
|
One
|
(1)
|
Set
of piping extended from the lubricator assembly to the pneumatically
operated valves
|
3.12
|
Basic Engineering for Platforms
and Steel Structure
|
|
One
|
(1)
|
Basic
engineering for steel structure and operators
platforms
|
3.13
|
Painting
|
Chamber
structural components and equipment racks are coated with rust- preventing
primer and then finish-painted to ALD-standards.
Internal
surfaces of vacuum xxxxxxxx are grounded or shot-blasted using glass
pearls.
Vacuum
system components, such as pumps, valves, etc. have their standard original
equipment finish.
Other
standard component items from outside suppliers are supplied in their original
standard factory finishes.
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Vacuum Technologies GmbH
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Annex 2
to Contract CV
|
3.14
|
Vacuum
System
|
The
vacuum system evacuates the chamber and allows to reduce the oxygen content of
the process chamber after loading the cold moulds and before starting a new
heating sequence. Furthermore, it has to keep the required pressure
constant during the process steps independent from the flow of inert gas to the
moulds.
Vacuum System, mainly
consisting of:
|
One
|
(1)
|
Dry
fore-pump approx. 70 m3/h
|
|
One
|
(1)
|
Roots-pump
approx. 500 m3/h
|
|
One
|
(1)
|
Set
of all necessary vacuum valves, pneumatically operated with position
indicators.
|
|
One
|
(1)
|
Pneumatically
controlled vent valve
|
|
One
|
(1)
|
Pneumatically
controlled pressure control valve
|
|
One
|
(1)
|
Set
of vacuum piping
|
|
One
|
(1)
|
Set
of vacuum measuring and control
instrumentation.
|
|
Gauging
is provided at strategic locations to monitor the
vacuum.
|
3.15
|
Documentation
|
Item
of Documentation
|
Supply
Date
|
Information
for planning foundations and
take-over
points on Customer's site
|
6
weeks after contract effective date
|
Installation
schedule
|
8
weeks after contract effective date
|
Tools
list for installation and start-up
|
8
weeks after contract effective date
|
Connection
diagram (electrical)
|
6
weeks prior to start of installation
|
Drawings,
i.e.
|
At
shipment of the furnace
|
·
Overall system drawings
·
Schematic drawings
·
Drawings of assembling
·
Component modules
|
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Vacuum Technologies GmbH
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Annex 2
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|
· Wiring
diagrams
|
|
· Documentation
of standard components
|
|
Instruction
manual
|
At
commencement of supervision of installation of the
plant
|
·
Safety regulations
·
Technical descriptions
·
Operating instructions
·
Maintenance instructions
|
|
"As
built" documentation
|
8
weeks after formal
acceptance
|
This
documentation will be supplied on one (1) CD-ROM. The drawings and
the wiring diagrams will be supplied — additionally to the CD-ROM — as one (1)
copy in paper version.
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Vacuum Technologies GmbH
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Annex 2
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|
4.
|
SPARE
PARTS
|
A
preliminary list of spare parts is enclosed as Annex 3 to this
quotation.
A
detailed listing of spare parts will be prepared once scope of delivery has been
completed. Lists of recommended spare parts for the initial operating
period and actual production operations will be prepared. Within two
weeks after receipt of the list, customer shall select spare parts up to the
amount agreed upon in the contract.
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|
5.
|
COLD
TESTS, AND HOT TESTS PRIOR TO
DELIVERY
|
The
Silicon Crystallisation Unit SCU 400 will be assembled and tested in one of
ALD's installation shops prior to shipment.
The
following tests 5.1 to 5.1.3 will be carried out for each set of SCU 400
furnaces.
Buyer can
witness the testing period at one SCU 400 furnaces, to be delivered for the
total set of furnaces, with a number of up to 5 persons at Seller's site
(including one interpreter) for two weeks to be trained and to get familiar with
the process of the SCU 400 furnace. Buyer will bear all costs for
travel, daily allowances, accommodation, etc. for Buyers
Personnel. Local transport will be arranged by
Seller. Seller will provide free of charge meeting room, as well as
the free use of telefax/telephone facilities for the Buyer
personnel.
5.1
|
Pre-Test
Conditions
|
The pre-
acceptance test conditions includes:
5.1.1
|
Vacuum
Test
|
of the
clean, dry and empty chamber:
|
·
|
Achieve
ultimate vacuum < 0,1 mbar after 12 h pumping
time
|
5.1.2
|
Leak
Rate Test
|
Determine
leak rate by using the "Pressure Rise Test" only for the clean, dry and empty
chamber.
The
target value is ≤ 8 * 10-2 mbar x
Liter per second.
5.1.3
|
Heating
Test
|
Heat-up
to the maximum temperature of 1570°C in 3 h under vacuum.
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|
6.
|
INSTALLATION,
COLD - HOT TESTS AND TRAINING AT CUSTOMERS
SITE
|
Installation,
cold tests, hot tests and site acceptance tests of the SCU 400 furnace system
will be performed by Customer, working under the supervision of ALD
personnel.
Personnel
for installation, cold tests, hot tests and acceptance tests to be provided by
Customer or an outside contractor to be appointed by Customer.
Customer's
maintenance personnel will participate in installation works, performance of
cold test, hot tests and acceptance tests in order to get the requisite
knowledge of the system and its' maintenance and operation. Customer
will provide specialists in crucible handling and operators during preparation
of cold tests, hot tests and acceptance tests.
Customer
will provide free of charge fully equipped office rooms, as well as the free use
of E-mail/telefax/telephone facilities for the ALD supervisory
personnel.
6.1
|
Training at Customer's
Site
|
ALD is
prepared to train Customer's operating- and maintenance personnel in the
equipment according to their future duties and to acquaint the personnel with
operation and maintenance of the equipment. Such training will be
provided by the ALD supervisors, during colds tests and hot tests for the first
SCU 400 furnace.
The
following Customer's personnel should be present during the
training:
Eight (8)
mechanical engineers and eight (8) electrical engineers who have got the
requisite knowledge at the system and its operation through their participation
during installation, cold test and preparation of hot test.
A number
of eight (8) process engineers should also be present during the
testing.
During
the training the following documents will be explained to Customer:
Instruction
Manual
|
Ø
|
Safety
regulations
|
|
Ø
|
Technical
descriptions
|
|
Ø
|
Operating
instructions
|
|
Ø
|
Maintenance
instructions
|
ALD
supervisors will explain:
|
Ø
|
the
daily work
|
|
Ø
|
the
respective drawings and documents for these
jobs
|
|
Ø
|
the
handling and procedures of various subassemblies and
components
|
|
Ø
|
detailed
explanations on all furnace controls and
interlocks
|
|
Ø
|
detailed
maintenance advice on the erected
equipment
|
|
Ø
|
cold
operating of the entire furnace modules to familiarise Customer's
personnel
|
|
Ø
|
Preparation
of test melts, crucible
installation
|
33
ALD
Vacuum Technologies GmbH
|
Annex 2
to Contract CV
|
Both
parties will certify the performance and training results.
6.2
|
Supervision for a set of eighty
(80) SCU 400 furnaces
|
Installation,
cold, hot, and acceptance tests of the SCU 400 system will be performed under
supervision of qualified ALD-personnel.
For this
purpose, ALD will provide the following qualified personnel for a period of one
hundred twenty (120) man-weeks:
|
Ø
|
mechanical
Supervisor
|
|
Ø
|
electrical
Supervisor
|
|
Ø
|
Process
Engineer
|
Conditions
The above
mentioned period is based on the assumption that the installation, commissioning
and testing will be done consecutively and partly in parallel, will proceed
without interruption and that the installation and commissioning personnel to be
provided by Buyer or by any outside contractor to be appointed by Buyer are
suitably qualified.
Delegation
of the above mentioned ALD-personnel for periods in excess to above mentioned
period will be made on the basis of our "General Conditions of Assembly,
Maintenance and Repair", as well as against payment of daily/hourly rates and
allowances according to the rates valid when the work will be
performed.
The
installation and testing of the equipment is only related to the Scope of Items
to be purchased from Seller.
Customer's
responsibilities include
|
Ø
|
Provision
of all supervisory personnel plus aIl skilled and unskilled labor needed
including all necessary tools
|
|
Ø
|
Supply
of all equipment and consumables, such as cutting and welding gases,
welding rods, compressed air, etc. needed for installation and initial
operation
|
|
Ø
|
Provision/construction
of all cranes, lifting mechanisms, etc.
required.
|
|
Ø
|
Provision
of all parts and services not mentioned in the scope of supply described
before.
|
34
ALD
Vacuum Technologies GmbH
|
Annex 2
to Contract CV
|
7.
|
FINAL
COMMISSIONING ACCEPTANCE TEST AT CUSTOMERS
SITE
|
After
mechanical completion on customer's site each SCU 400 furnace will again go
through heat and vacuum and leak tests as for the pre-delivery tests, before
cleared for crystallisation.
One (1)
melting and crystallization test with PV grade silicon material will be carried
out for final testing of the SCU 400 furnace. The cycle time for one
ingot is approx: 50 hours. Ingot quality: crack free
The
achieved test data will be collected and certified by both
parties. The said compliance shall be documented by a formal
acceptance protocol confirming ALD's fulfillment of its contractual obligations
and Purchaser's formal acceptance of the system.
If the
hot test and acceptance test runs are interrupted by reasons attributable to
Customer (i.e. crucible, failure of water and energy etc.) ALD is not
responsible for all arising costs and time delay and the respective test shall
be deemed to be successfully completed.
Eventually
arising minor defects which will have no effect toward the overall- functioning
of the system, will not hinder the acceptance of the systems as described
before. Such minor defects will be remedied by ALD within a period to
be agreed upon, provided the defects are attributable to him.
In case
one or more of the of the acceptance melt(s) could not be successfully completed
due to Seller's fault, the previous successful acceptance melt(s) will be
considered as accepted. Only the faulty melts will be
repeated.
In case
the faults are attributable to ALD, ALD will be only responsible for cost
related to his supervising personnel and for the cost related to any necessary
modification of the equipment delivered by ALD. If after the
modification the performance data are not achieved, ALD proceeds to further
modifications at ALD's cost.
In case
the acceptance procedure cannot be performed within four (4) months from date of
FOB-shipment as described above due to reasons not attributable to ALD, or
customer operates the furnace without signing the acceptance protocol, the
equipment is deemed as accepted.
Cost for
operating and testing the equipment during cold test, hot test acceptance melts
and additional melts, i.e. power, operating media, Customer's operating
personnel, crucibles, PV silicon grade charging material will be borne by
Customer.
35
ALD
Vacuum Technologies GmbH
|
Annex 2
to Contract CV
|
8.
|
PURCHASER’S
OBLIGATIONS
|
The
following items / services shall not be construed as being included among the
obligations of ALD, unless such shall be explicitly listed under the schedule of
items and services to be provided by ALD:
|
Ø
|
Maintenance
and operating personnel
|
|
Ø
|
Travel,
accommodation, per diem allowances, and incidental costs of customer's
personnel
|
|
Ø
|
Suitably
dimensioned lockable office space for use by ALD's supervisory
personnel
|
|
Ø
|
Sanitary
installations for both, installation- and supervisory
personnel
|
|
Ø
|
E-mail
services during installation, cold tests, hot tests and acceptance
tests
|
|
Ø
|
Cranes,
lifting equipment, mounting fixtures, tools and for any items needed for
unloading, transportation, or for installation of the system in
Germany
|
Ø
|
Foundations
and concrete work, including necessary
engineering
|
|
Ø
|
Cable
conduits in foundations
|
|
Ø
|
Control
room
|
|
Ø
|
Cooling
water- and cooling water-re-cooling system, an emergency cooling water
system, including anti freeze
protection
|
|
Ø
|
Compressed
air supply, inclusive of any oil and water traps
needed
|
|
Ø
|
Inert
gas supply stations including main supply line needed for the Inert Gas
system
|
|
Ø
|
Specified
low-voltage supply lines including all necessary fusing/circuit breakers
and connecting lines, in accordance with suggestions to be submitted by
ALD
|
|
Ø
|
Vacuum
pump exhaust lines
|
|
Ø
|
Scavenging
pumps in pits, if needed
|
|
Ø
|
Building
illumination
|
|
Ø
|
Fire
extinguisher systems
|
|
Ø
|
Heating
and ventilating the plant building
|
|
Ø
|
O2
warning devices for any pits that may be situated under the
system
|
|
Ø
|
Coverings
and railings needed for any pits that may
exist
|
|
Ø
|
PV
grade silicon raw materials for
melting
|
|
Ø
|
Consumables
and auxiliaries, such as crucibles/moulds, crucible/mould coating
material, coated crucibles/moulds
|
|
Ø
|
Media
needed for system operation at site, such as cooling water, electrical
power, compressed air, and inert
gases
|
|
Ø
|
Laboratory
work and material analyses
|
|
Ø
|
All
peripheral equipment
|
|
Ø
|
Utility
supplies (inert gas, water, electrical power, compressed air etc.) to the
connection point of each furnace.
|
|
Ø
|
Hardware
for operators platform, steel structure and control
room.
|
36
ALD
Vacuum Technologies GmbH
|
Annex 2
to Contract CV
|
![](https://www.sec.gov/Archives/edgar/data/1417892/000114420409037231/ex4-28pg37.jpg)
37
ALD
Vacuum Technologies GmbH
|
Annex 3
to Contract CV
|
To:
Zhejiang
Yuhui Solar Energy Source Co., Ltd (ReneSola)
ADDRESS..
XX.0 Xxxxxx Xxxx Xxxxxxxxx
Xxxxxxxxxx
Xxxx, Xxxxxxx Xxxxxxx, Xxxxxxxx Xxxxxxxx
000000
China
PERFORMANCE
BOND NO.
We have
been informed that our customer, ALD Vacuum Technologies XxxX, Xxxxxxx-Xxxx Xxx.
00, D¬63450 Hanau, hereinafter called the SELLER, and your goodselves
-hereinafter called BUYER -have entered into a contract concerning the supply
of
Eighty
(80) Silicon Crystallisation Units Type SCU 400 capable of Melting,
Crystallising, Annealing and Cooling Down of Photovoltaic Grade Silicon Ingots,
hereinafter called MACHINE(S),
in the
total value of EUR…………………………for the MACHINE(S) plus Spare Parts amounting to
€………………………… i.e. the total contract value is €……………………
The Value
of this partial shipment for MACHINES no….. to…… amounts to €………………… (i.e.
€…………… per MACHINE)
In
accordance with the payment conditions agreed upon, a payment amounting to
....... % of the value of the partial shipment for the MACHINES i.e. EUR
……………will be made by you to the SELLER against a guarantee in your favour,
amounting to 5 % of the value of the partial shipment for the MACHINE(S) i.e.
EUR ……………
In
consideration of the aforesaid, we…………… , (Issuing Institute), hereby undertake
to repay to you any sum you may claim from us but not exceeding the amount of
EUR…………… , -- within 30 days after receipt of your first demand in writing
wherein you declare simultaneously that the SELLER failed to comply with
obligations regarding HIe acceptance of tile MACHINE for reasons for which he is
responsible. Any claim for payment under this guarantee has to be presented to
us, together with this document, through a first-class bank which has to confirm
to us the authenticity of the signature on your written demand.
It is a
condition for claims and payment under this guarantee to be made that the
payment in the sum of EUR…………… (value of this partial shipment) has been
received by (Name of the Bank) at the account…………… without reserve in favour of
the SELLER.
38
ALD
Vacuum Technologies GmbH
|
Annex 3
to Contract CV
|
Our
liability under this guarantee will expire pro rata acceptance of each MACHINE,
to be proven by SELLER through presentation to us of copie(s) of individual
acceptance protocols for each of the MACHINES or latest 4 months after the
respective date of Xxxx of Lading. A copy of the Xxxx of Lading along with a
copy of the respective invoice has to be presented to us by the SELLER which
constitute sufficient proof for the pro rata expiration of the guarantee by
us.
Our
liability under this guarantee will expire automatically 4 months from the date
of Xxxx of Lading latest however on ………… Any claim under it must be received by
us by that date.
This
guarantee is to be returned to us as soon as it is no longer required, or its
validity has expired whichever is earlier.
Signature
of the issuing
Institute
|
39