SALES CONTRACT Contract No. PEM090108
SALES
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Seller:
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Buyer:
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Perfectenergy
(Shanghai) Co., Ltd.
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ABIDAS
AG
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▇▇▇
▇▇▇▇▇▇▇ ▇▇▇▇,
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▇▇▇▇▇▇▇▇.▇
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▇▇▇▇▇▇▇▇
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D-14542
Werder
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China
Export
Agent:
▇.▇.▇.
▇▇▇▇▇▇▇▇▇▇▇
▇/▇,
▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇-▇-▇▇,
▇▇▇▇▇▇▇▇▇▇,
▇▇▇▇▇▇▇-▇▇
▇▇▇▇▇,
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The
Seller agrees to sell and the Buyer agrees to buy the below stated
goods:
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(1)Name
of Commodity
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(2)Quantity
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(3)
Unit Price
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(4)
Total Amount
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Solar
modules 170-180 Wp
All
class A modules (qualified
performance,
no damages)
Mono:
PEM- 160/X-72M
Series
Price
item:
CIF
European International
Port
Country
of origin:
People’s
Republic of China
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50
MW in 2009
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2.55€/Wp
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Total
amount
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EUR:
127,500,000
(on
the basis of the price 2.55)
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*Remark: In June 2009 the unit
price for the second half of 2009 will be fixed again on the basis of
the development of the general market prices for regular modules since
concluding this
contract.
1
(5)
Quality
Each
container shall contain mono modules only. The modules shall be certified as to
IEC 61215 standard and to TUV Safety Class II. Junction box and cable must be
according to usual European standard and have a pertinent TUV certificate. The
serial number shall be printed on a label, attached to the module. All cells
within one container shall have the same technical size and color. Each carton
shall provide a barcode with at least the following information: serial number
of modules, performance, and production date. An additional barcode on each
module is preferred. Size and color of the aluminum frames within one
consignment shall be the same.
(6)
Delivery schedule:
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About
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15
Containers in 1st quarter
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100
Containers in 2nd quarter
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200
Containers in 3rd quarter
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185
Containers in 4th quarter
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For every
consignment, the Seller’s import & export agency will issue the documents to
the Buyer.
(7)
Packing
All goods
will be packed according to international practice and standard in order to
prevent damage from dampness, rust, moisture, erosion and shock, and shall be
suitable for ocean transport, on deck/not on deck, multimodal and container
transport.
All goods
use package with bar code label, printing information to avoid not careful
handling, all necessary warning information as to international standards, all
label information as attached to this contract, IEC 61215 and SC II Information
when certificates were issued.
(8)
Terms of Payment
Two
alternatives, to be decided by the Buyer, whereby alternative 8.1 is already
agreed for the first quarter:
8.1 Prepayment of 20% for each complete
individual monthly consignments, one month in advance before the first shipment.
The prepayment for the January consignments has to be implemented immediately
after signing of the contract.
Of the
balance, 70%
will be paid against the copy of ▇▇▇▇ of Lading for each individual consignment.
The remaining 10% balance of the
payment will be paid on a pro rata basis for each individual consignment, at the
latest 5 working days before the
consignment is scheduled to arrive in Hamburg. The original ▇▇▇▇ of Lading
documents for the consignment will be sent to the buyer right after the seller
received the total amount for the consignment.
2
8.2 Quarterly prepayments of
10% for each
individual quarter to be effected always one month before the first shipment for
the respective quarter.
Of the
balance, 70% of
the price of each individual consignment will be paid on a pro rata basis within
5 working days after receiving the copy of ▇▇▇▇ of Lading documents for the
consignment.
The
remaining 20%
balance of the payment for each individual consignment will be paid on a pro
rata basis, at the latest 5 working days before the consignment is scheduled to
arrive in Hamburg.
The
original ▇▇▇▇ of Lading documents for the consignment will be sent to the buyer
right after the seller received the total amount for the
consignment.
(9)
Port of Loading
SHANGHAI
(10)
Port of Destination
European
International Port
(11)
Insurance
By
Seller
(12)
Freight
Delivery
terms: CIF European International Port
(13)
Documents
Every
Consignment shall be accompanied by:
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Invoice
(2) in original and signed
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Packing
list (2) in original and signed
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Flash
test results in Excel form
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▇▇▇▇
of Lading (2) in original and
signed
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(14)
Language
If there
are contract versions in different languages, the English version shall be
decisive.
Correspondence
shall be in English, too.
(15)
Arbitration
All
disputes arising from the execution of, or in connection with this contract,
shall be settled amicably through friendly negotiation. In case no settlement
can be reached through negotiation, the case shall then be submitted for final
decision to the Hongkong International Economic and Trade Arbitration Commission
for Arbitration in accordance with the rules of the China International Economic
and Trade Arbitration Commission.
3
(16)
General Conditions
Insofar
as regulations within this contract do not differ, Perfectenergy GmbH’s General
Conditions (Allgemeine Geschäftsbedingungen (AGB)) apply also for contracts with
Perfectenergy International Ltd., Buyer has received a copy of
these.
Date:
2008-01-08
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Buyer
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Seller
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For:
ABIDAS AG
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For:
Perfectenergy (Shanghai) Co.,
Ltd.
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Export
Agent:
For:
G.M.G. Corporation
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