EX-10.31 52 h00847exv10w31.txt EX-10.31 PURCHASE AGREEMENT . . . Exhibit 10.31 Translation PURCHASE CONTRACT Party A: Baoding Tianwei Yingli New Energy Resources Co., Ltd. Contract No.: YLXG070418 Party B: Sichuan Xinguang Silicon Science and Technology Co., Ltd. Date of Execution: April 10, 2007
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") in Baoding, Hebei Province. I. Product Description, Specification, Quantity, Unit Price and Total Price:
Product Specification Time of Quantity Unit Price (per Total Price Description Delivery kilogram, tax included) ------------------ ------------------- ---------------- ------------- --------------------- --------------------- Solar Grade Please see By December 200 Tons 1650 RMB 330,000,000 (In Silicon Exhibit I 31, 2007 Words): Three Washing-free (Product Hundred and Thirty Specification Million Description) for (Tax Included) details.
Product Specification Time of Quantity Unit Price (per kilogram, tax Description Delivery included) ------------------ -------------------------- ---------------- ------------ ------------------------------------- Solar Grade Please see Exhibit I By December 1,000 Tons Fluctuates with the Market Price in Silicon (Product Specification 31, 2008 2008 Washing-free Description) for details.
II. Transportation and Packaging Criteria: The seller shall be responsible for delivery of the goods to Baoding Tianwei Yingli New Energy. Packing Criteria: Plastic Packaging: 5 kilograms/package. III. Time of Delivery: The shipment shall be made within 30 days after the Contract has been signed; All goods to be delivered in 2007 shall be delivered in batch to the place of delivery designated by the purchaser by December 31, 2007. IV. Acceptance Method: 1. An acceptance test shall be made with respect to the brand, quantity, type, specification and defects in appearance within 15 days after the goods have been delivered to the purchaser's plant. 1 2. Acceptance Method: Sample Test. 3. In the event of any dispute in connection with the acceptance, the relevant State inspection authority shall conduct a test for the products in accordance with the inspection criteria and methods for solar grade silicon washing-free materials, V. Terms of Payment: 100% Advance Payment: the seller shall give notice to the purchaser at least 7 days prior to delivery, and the purchaser shall make advance payment for all goods in this batch within 7 days; and the seller shall issue the VAT invoice (at a tax rate of 17%). VI. Liability for Breach In the event that either party breaches this Contract during the term hereof, the breaching party shall be liable for all responsibilities, including, but not limited to, actual losses, and litigation fees, attorney's fees and travel fees in connection with such liability. During the effective term hereof, Party A and Party B shall fully perform their obligations hereunder. In the event that either party fails to perform this Contract for any special reason, it shall give written notice to the other party hereto at least 90 days in advance; provided that the obligations of the parties hereto may only be revoked upon mutual agreement after friendly discussions with the other party hereto; and provided further that the liquidated damages shall be settled by the parties hereto through consultation. VII. Anything not addressed herein shall be solved by the parties through consultation. If no settlement can be reached through such consultation, the parties agree that either party may bring such dispute for judgment before the People's Court of competent jurisdiction where this Contract is executed. VIII. This Contract shall be executed in two (2) copies with each of the Party A and Party B holding one (1) copy, all of which shall become effective upon execution by the parties (a faxed copy of which shall be valid). Purchaser: Baoding Tianwei Yingli New Energy Seller: Sichuan Xinguang Silicon Science Resources Co., Ltd. (Seal) and Technology Co., Ltd. (Seal) Representative: /s/Zhao Zhiqiang Representative: /s/Chen Shaoping Address: 3055 Fuxingzhong Road, Baoding, Address: Leshan High&New Tech Industrial Heibei Development Zone, Leshan Telephone: 0312-8929869 Telephone: 0833-2596403 Fax: 0312-8929800 Fax: 0833-2596408
2 SUPPLEMENTAL AGREEMENT Party A: Baoding Tianwei Yingli New Energy Resources Co., Ltd. Party B: Sichuan Xinguang Silicon Science and Technology Co., Ltd. Date: April 10, 2007 With respect to the purchase contract entered into by Party A and Party B on April 10, 2007 (Contract No: YLXG070418) (the "Purchase Contract"), the parties hereby further agree as follows: The quantity of the goods to be delivered as set forth in Article I of the Purchase Contract (Contract No: YLXG070418) shall be subject to the actual quantity produced by Party B, and shall not be contractually binding upon Party B. The parties shall have the friendly cooperation spirit, and Party B shall use its best endeavors to assist Party A with the purchase of polycrystalline silicon. Party A: Baoding Tianwei Yingli New Energy Party B: Sichuan Xinguang Silicon Science Resources Co., Ltd. (Seal) and Technology Co., Ltd. (Seal) Representative: /s/Zhao Zhiqiang Representative: /s/Chen Shaoping Address: 3055 Fuxingzhong Road, Baoding, Address: Leshan High&New Tech Industrial Heibei Development Zone, Leshan Telephone: 0312-8929869 Telephone: 0833-2596403 Fax: 0312-8929800 Fax: 0833-2596408
3 Exhibit I Product Specification Description 1. Phosphorus test: type N, resistivity >100 OMEGA.cm; Boron test: type P, > 1000 OMEGA.cm; minority carriers lifetime >100 OM s; oxygen content: less than 10 to the 17th power/cm cubed; carbon content: less than 10 to the 16th power/cm cubed 2. There shall be no oxidizing layer or insoluble substance. 3. Chunk: diameter >40mm 4