EXHIBIT 10.21
[ENGLISH TRANSLATION]
PURCHASE AND SALE CONTRACT
Party A: Baoding Tianwei Yingli New Energy
Resources Co., Ltd. Contract No.: YLFL060906
Party B: Baoding Tianwei Fu Le Metal Accessories
Co., Ltd. Place of Execution: Baoding
After friendly discussions, in accordance with the Contract Law of People's
Republic of China, Party A and Party B hereby enter into this contract (this
"Contract") with respect to the purchase and sale of aluminum alloy profile.
Project Name: Solar Cell Frame Planned Consumption: 50 tons
I. Product Specification, Volume, Unit Price and Total Price:
Name Specification Surface Treatment Unit Price Remarks
---- ------------- ----------------------- ------------------ ----------------
Aluminum Alloy Q128 Silver White Aluminum Ingot This price
Profile (cut-to-length Price+6500Yuan/ton includes the 17%
processing) VAT tax and
transportation
fees.
Aluminum Alloy Q127 Silver White Aluminum Ingot
Profile (cut-to-length Price+6500Yuan/ton
processing)
Aluminum Alloy Q126 Silver White Aluminum Ingot
Profile (cut-to-length Price+6500Yuan/ton
processing)
Aluminum Alloy Q110 Material (cut-to-length Aluminum Ingot
Profile processing) Price+5500Yuan/ton
Notes:
1. Subject to the actual delivery date, the aluminum ingot price shall be
calculated based on the average settlement price for aluminum ingot of
Shanghai Metal Exchange for the preceding month.
2. The final production order shall be subject to the valid material list
submitted by Party A in writing.
3. The manufacturing fees for molds newly made by Party B as entrusted by
Party A shall be verified and collected in accordance with Party B's
relevant provisions.
II. Technical Requirements and Acceptance Criteria:
1. Alloy Brand No.: 6005T5; (as required by Party A).
2. Acceptance Criteria: High-Grade Precision National Standard
GB/T5237-2000 shall be implemented.
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3. The surface treatment of the silver white materials shall require
sand-blasting oxidation, and the oxidation film shall be 20um thick.
4. With respect to the profile that has not passed the acceptance test,
Party A shall give a notice to Party B within seven (7) days after the
receipt of such goods, either by telephone or in writing, and Party B
shall give its reply within two (2) working days. With respect to the
unqualified profile, Party B shall make the replenishment and shipment
within seven (7) working days.
III. Time of Delivery:
1. Production Cycle: 7-10 days for newly-made molds, 10-15 for materials
and 15-20 for silver white.
2. The delivery shall be made promptly in accordance with the time of
delivery set forth in the purchase order as required by Party A. No
delay is allowed. In the event of any shipment that cannot be made in
a timely manner, Party A shall be notified three (3) days in advance.
IV. Packaging and Transportation:
1. Party B shall carry out the packaging according to Party A's
requirements, and no packages shall be returned.
2. Party B shall be responsible for the transportation of the goods to
Party A's factories.
V. Settlement Method:
1. Terms of Payment: Check or Wire Transfer.
2. The final quantity settled shall be subject to the order quantity set
forth in the actual purchase order of Party A.
3. Party B shall provide the shipping list, product quality warranty
certificate and official invoice along with each shipment.
VI. Liability for Breach
1. Any matter in connection with liability for breach shall be settled
through friendly consultation between the parties within the effective
term hereof.
2. If no settlement can be reached, such matter shall be implemented
pursuant to Contract Law of People's Republic of China.
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VII. Exhibits:
1. Anything not addressed herein shall be solved by the parties through
friendly consultation. Any supplemental terms confirmed by the parties
through consultation shall be a valid exhibit to this Contract.
2. This Contract contains two pages, and shall come into effect after it
is signed and sealed by the parties with an effective term of three
(3) Months commencing on October 10, 2006 and ending on January 10,
2007.
Party A Baoding Tianwei Yingli New Energy Party B Baoding Tianwei Fu Le Metal
Resources Co., Ltd. (Seal) Accessories Co., Ltd. (Seal)
Legal Representative: Legal Representative:
Attorney-in-fact: /s/ Li Honggang Attorney-in-fact: /s/ Sun Zhenhai
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Telephone: ▇▇▇▇-▇▇▇▇▇▇▇ Telephone: ▇▇▇▇▇▇▇▇▇▇▇
Fax: 0312-8929800 Fax: 0312-▇▇▇▇▇▇▇
Bank: Baoding Branch Business Department, Bank:
ICBC
Bank Account: 0409003809221002578-063 Bank Account:
Tax No.: 130600700921062 Tax No.:
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