EXHIBIT 4.8
[Translation]
SALES CONTRACT
Contract No. 00-154435-00-00-0
July 24, 2001
Buyer:
Name: Xxxx Xxxxxxxx
Representative Director
Crayfish Co., Ltd.
(Corporate Seal)
Address: 0-0, Xxxxx-Xxxxxxxx 0-xxxxx,
Xxxxxxxx-xx, Xxxxx
Seller:
Xxxxxxxx Xxxxx
Senior Manager
Media Sales Department
Kohgin Lease Kabushiki Kaisha
(Corporate Seal impressed)
0-00, Xxxxxxxx 0-xxxxx,
Xxxx-xx, Xxxxx
Buyer and Seller hereby enter into a sales contract (the "Contract") as below:
In witness of the conclusion of this Contract, Buyer and Seller have executed
this Contract in duplicate, with each copy being retained by Buyer and Seller,
respectively.
(Schedule)
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(1) Objects for sales and place for transfer As stated in List of Objects for Sales.
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(2) Date of Transfer
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(3) Total amount of 2,410,000,000-
sales
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Down payment,
Due date and method Payments in Due amount per Consumption Due amount
of payment installment each installment tax Including tax
One installment Y2,410,000,000- Y120,500,000- Y2,530,500,000-
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1. July 24, 2001
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(4) Consumption Tax Rate: 5.0%
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(5) Damages for 14.6% per year (6) Special As stated in the column for
deferred payment (calculated on a 365-day clause: special clauses.
basis)
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Article 1. Seller shall sell Buyer the objects stated in (1) of Schedule (the
"Objects") and Buyer shall buy the same.
Article 2. Buyer shall pay to Seller the amount of sales stated in (3) of
Schedule.
Article 3. Seller shall transfer to Buyer the Objects stated in (1) of Schedule
on the date stated in (2) of Schedule. Buyer shall be liable for any and all
expenses for the transfer.
Article 4. The inspection of the transferred Objects shall be completed by means
of the transfer of the Objects. Buyer shall immediately deliver to Seller a
receipt of the Objects.
Article 5. Whether the inspection is completed or not, Seller shall not be
liable for any defect in the Objects or their incompatibility for any reason
whatsoever.
Article 6. Seller shall not be liable for any delay or impossibility of the
Contract due to natural disasters or any other act of God, an enactment,
revision or repeal of relevant laws and regulations.
Article 7. The ownership of the Objects shall transfer from Seller to Buyer when
Buyer shall pay the total amount of sales or any of its obligations. Provided
that in case the amount of sales shall be pay by bills and notes, the payment
shall not be effective until the amount will be fully paid.
Article 8. Buyer shall bear the consumption tax in the amounts set out in (3) of
Schedule which shall be calculated on the basis of the effective tax rate (as
set out in (4) of Schedule) as of the date of the execution of this Contract. In
the event of such amounts of the consumption tax being increased, Buyer shall,
upon request from Seller, immediately pay such increased amounts.
Article 9. If Buyer fails to pay any money due to Seller under this Contract or
to repay any advance money paid by Seller on behalf of Buyer, Buyer shall pay to
Seller the compensation for delay at the rate set out in (5) of Schedule for a
period from the relevant due date for payment or repayment to the time when the
due amount is fully paid.
Article 10. If Buyer violates any one of the items of the Contract, Seller shall
entitled to cancel this Contract and request the payment of the compensation for
damage without notice or notification.
Article 11. The special clauses stated in (6) of Schedule shall be applicable in
preference to the other provisions hereof. Any agreement different from that in
this Contract shall not take effect unless such agreement is stated in the
column for special clauses in (6) of Schedule or otherwise agreed upon in
writing between Buyer and Seller.
-End-
(List of Objects for Sales)
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1 Description of object
Model SUN Enterprise450
Quantity One set
Name of manufacturer
Place for transfer 0-0, Xxxxx-Xxxxxxxx 0-xxxxx, Xxxxxxxx-xx, Xxxxx
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2 Description of object
Model Mail Server
Quantity One set
Name of manufacturer
Place for transfer 0-00, Xxxxxx 0-xxxxx, Xxxxxx-xx, Xxxxx
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3 Description of object
Model Web Server
Quantity One set
Name of manufacturer
Place for transfer 0-00, Xxxxxx 0-xxxxx, Xxxxxx-xx, Xxxxx
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4 Description of object
Model Appli Server
Quantity One set
Name of manufacturer
Place for transfer 0-00, Xxxxxx 0-xxxxx, Xxxxxx-xx, Xxxxx
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5 Description of object
Model DB Server
Quantity One set
Name of manufacturer
Place for transfer 0-00, Xxxxxx 0-xxxxx, Xxxxxx-xx, Xxxxx
Any other matter will be as stated
in List of Objects for Sales.
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(Column for special clauses)
Not available
Column for in-house use only 1114000-301 003
Crayfish Co., Ltd.
00-154435-00-00-0
