EX-10.21 42 h00847exv10w21.txt EX-10.21 PURCHASE AND SALE CONTRACT 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. 1 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. 2 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 ----------------------------------- ---------------------------- Telephone: 0312-8929867 Telephone: 13930266156 Fax: 0312-8929800 Fax: 0312-3060653 Bank: Baoding Branch Business Department, Bank: ICBC Bank Account: 0409003809221002578-063 Bank Account: Tax No.: 130600700921062 Tax No.:
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