Exhibit 4.33
English Translation of the Original Contract
Confidential Treatment Requested
PRODUCT SUPPLY CONTRACT
Contract Number: SFBE-070108-JJ
Place of Signing: Qidong, Jiangsu
Date of Signing: January 8, 2007
Party A: SHANGHAI JIU JING ELECTRONIC MATERIAL CO., LTD.
Party B: JIANGSU LINYANG SOLARFUN CO., LTD.
This Contract is entered into by and between Party A and Party B after friendly
negotiations, whereby Party A agrees to supply silicon wafers to Party B as
follows:
Article 1 Name of Products, Technical Specifications, Quantity, Price and
Delivery Schedule.
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NAME OF PRODUCTS TECHNICAL SPECIFICATIONS QUANTITY PRETAX UNIT DELIVERY SCHEDULE
PRICE
(RMB
YUAN/PIECE)
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1. Type: Type P
2. Width of the subject silicon wafer:
125+/-0.5mm
3. Diameter of the subject silicon wafer:
150+/-0.5mm
4. Thickness of the subject silicon wafer:
220+/-15um
5. Resistivity: 0.5~3 (ohm)cm, 3~6 (ohm)cm
6. Minority carrier lifetime: > or = 10 us For each calendar
month during the
7. Damage layer: < 15 um period from
January 1, 2007
8. Cutting mode: multi-line cutting to December 31,
2007, 0.5 million
9. Crystal orientation: (100)+/-1 degrees pieces shall be
supplied, of
10. TTV < or = 30 um which the first
Monocrystalline 0.25 million
Silicon Wafer 11. Vertical angle: 90 degrees+/-0.3 degrees 6 million pieces [-] pieces shall be
delivered on the
12. Oxygen concentration: < 1x10(18)at/cm(3) 10th day and the
second 0.25
13. Dislocation Density: < or = 3000/cm(2) million pieces
shall be
14. Carbon concentration: < 5x10(16)at/cm(3) delivered on the
20th day of each
15. Warp: < 0.035mm calendar month.
16. Notch: notch of crystal orientation
(length x depth) shall be no bigger than
1x0.3mm, and any subject silicon wafer does
not allow more than one notch or any V-shaped
notch on it.
17. Broken edge: any subject silicon wafer
does not allow a broken edge (length x depth)
bigger than 1x0.5mm or more than one broken
edge on it.
18. Line ▇▇▇▇: any subject silicon wafer does
not allow any conspicuous mechanical line ▇▇▇▇
on it,
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English Translation of the Original Contract
Confidential Treatment Requested
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which means that any mechanical line
▇▇▇▇ on any subject silicon wafer is not
acceptable unless its depth is < or = 15 um.
19. The surface of any subject silicon wafer does not
allow any stain, abnormal spot, visible crack or needle
aperture.
20. Chamfer deviation: < or = 0.5mm
21. Silicon wafer shall be stress-free.
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Total Price [-]
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Article 2 Quality Requirements and Technical Specifications. The quality
requirements and technical specifications set forth in Article 1
above shall be strictly followed. For each batch of the subject
products delivered hereunder, 0.02% of the quantity of such batch
broken in the course of inspection shall be at Party B's expense.
Article 3 Place and Manner of Delivery. The subject products shall be
delivered to Party B's warehouse.
Article 4 Manner and Cost of Transportation. Party A, shall at its own
expense, deliver the subject products to Party B's warehouse.
Article 5 Packaging Standard and Category of Packaging Materials. Suitable
for long-distance transportation of solar-grade monocrystalline
silicon wafers.
Article 6 Terms of and Period for Payment. Party B shall pay Party A a
deposit, which shall, taken together with the deposit prepaid by
Party A prior to the signing of this Contract, amount to RMB30
million (the "Deposit") and be paid to Party A's account prior to
the delivery of the first batch of the subject products. For each
calendar month during the period from January 1, 2007 to December
31, ▇▇▇▇, ▇▇▇▇.▇ million from the Deposit will be equally set off
against the payment for each batch of the subject products
delivered during such month. The remaining payment for each batch
of the subject products shall be paid based on the actual
quantity of the accepted products in such batch within three (3)
workdays after such batch has passed Party B's inspection. Party
A shall issue a full-amount VAT invoice within five (5) workdays
as of its receipt of the remittance of each such payment.
Article 7 Effectiveness of the Contract. This Contract shall take effect
upon Party B's payment of the Deposit.
Article 8 Liabilities for Breach of Contract.
8.1 In case this Contract is terminated for any reason
attributable to either Party A or Party B, in addition to
the settlement of the payables between them and resolution
of the issues arising hereunder, Party A or Party B, i.e.,
the breaching party, shall also pay the other party
liquidated damages which shall be equal to 1% of the total
value of this Contract.
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English Translation of the Original Contract
Confidential Treatment Requested
8.2 If this Contract is rendered unable to be performed due to a
breach by either party hereto, the breaching party shall be
liable to the other under the Contract Law of the People's
Republic of China.
Article 9 Any dispute in connection with the performance of this Contract
shall be settled through negotiations between the parties hereto.
If no settlement can be reached, the dispute shall be submitted
for arbitration to the arbitration commission in the place where
this Contract is signed.
Article 10 Miscellaneous.
10.1 This Contract shall not come into effect until after the
signature of the signatory and the company seal of each of
Party A and Party B have been affixed hereto and Party B has
made the initial advance payment.
10.2 This Contract shall be signed in two (2) counterparts, with
each Party A and Party B to hold one (1). This Contract may
be signed by fax.
10.3 The contract Nos. SFBE-061118-JJ shall be terminated
simultaneously with the effectiveness of this Contract.
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Party A Party B
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Company Name: SHANGHAI JIUJING ELECTRONIC MATERIAL Company Name: JIANGSU LINYANG SOLARFUN CO., LTD. (seal for the
CO., LTD. (company seal) special use for contract)
Address: Address: 666 Linyang Road, Qidong, Jiangsu Province
Legal Representative: Legal Representative: (signature)
Authorized Agent: (signature) Authorized Agent:
Tel: Tel: ▇▇▇▇-▇▇▇▇▇▇▇▇
Fax: Fax: ▇▇▇▇-▇▇▇▇▇▇▇▇
Date: January 11, 2007 Bank of Deposit: Bank of China, Qidong Branch,
Business Department
Bank of Deposit: Account No.: 647032159808091001
Account No.: Tax Registration No.: 320681765140726
Tax Registration No.: Postal Code: 226200
Postal Code:
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