Translated from Chinese to English]
Exhibit 10.[__]
[Translated from Chinese to English]
Portions of this Exhibit 10.[__] marked by a [__] have been omitted pursuant to a request for confidential treatment filed separately with the Commission.
Scrap Metal Sales Contract
Contract Number: 10FG001S
Date: February 21, 2010
Location: WeiAn
Seller: Xxxxx (Lianyungang) Renewable Resources Co., Ltd.
Buyer: [ ]
Both parties based on equality, voluntariness, equitable and mutually beneficial, accordance to “Contract Law of People’s Republic of China” and other relevant laws, regulation accept the following contract, both parties have accepted the following terms.
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1.
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Both parties have been fully explained and understood provisions of this contract to each other.
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2.
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Both Parities fully understood the terms and provisions of this contract, and understand compliance of all these terms.
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3.
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Both parties agreed to comply with all terms of this contract.
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I Product name, size, volume, quality standard, delivery date and quantity
Produce Name, Size, Quality Standard, Volume (tons/month), Delivery Date
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Scrap metal, Crushed aggregates
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13,000
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Monthly order
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Charging materials
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6,000 Monthly order
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Heavy scrap
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-
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4,000 Monthly order
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Total 23,000
II Unit Price (Taxes included): to be determined on the 25th day of every month to calculate following month’s unit price per ton.
III Delivery Discrepancy: Plus or minus 10%
IV Transportation method, freight insurance and other expenses
Departure Location: Liangyungang, China Xxxxx’x metal scrap facility,
Receiving location: [ ]’s scrap metal storage. All transportation and insurance expenses are paid by the seller.
V Reasonable loss determination and calculation
The calculation is based on the measurement by the loadometer of [ ].
VI Quality requirement
The delivered products should not mix with airtight containers, inflammable, explosives, and radioactive materials. The buyer has the right to send staff to monitor the production on site.
VII Inspection criteria
The inspection conclusion is based on the scene inspection at Xxxxx (Lianyungang) Renewable Resources Co., Ltd. The buyer confirms the inspection conclusion at the scene. Both parties negotiate to resolve if any disagreement may occur.
VIII Xxxx Settlement and payment
After the products have been delivered and measured at [ ], the buyer should make the payment within 7 days after the buyer has booked the invoice from the seller.
IX Changes in the contract
The terms of the contract can be changed upon the agreement of the buyer and seller. The change takes effect upon the signatures and seals by both parties.
X Term
The contract is valid from February 21, 2010 to December 31, 2010.
XI Force majeure
When the unpredictable, unavoidable, and insurmountable events occur such as natural disaster and fire and deprive one party the capabilities to execute all or partial obligations in the contract, the party is exempt from penalty. The party that encounters force majeure shall notify the counterpart about the event by telephone or telegraph and provide the supporting evidence on the force majeure issued by authorized institution within 14 days after the occurrence of the event. If the impact of force majeure lasts more than 30 days, both parties should negotiate either to change the terms of the contract, continue the execution, or terminate the contract.
XII Disputes settlement
The parties should negotiate to settle the disputes related to the contract. If the parties can’t reach agreement, either party can file lawsuit to the local court.
XIII Miscellaneous
This contract has four original copies, and each party holds two original copies. Each copy has the same legal force. The contract takes effect upon signatures and seals by both parties.
Buyer: [ ]
Authorized Representative: /s/ Fazhan Yang
(Company Seal)
Seller: Xxxxx (Lianyungang) Renewable Resources Co., Ltd.
Authorized Representative: /s/ Xx Xxxxx
Phone: 0000-00000000
Fax: 0000-00000000
(Company Seal)
