EX-10.22 2 ab7821ex1022.txt EXHIBIT 10.22 EXHIBIT 10.22 CONFIDENTIAL TREATMENT REQUESTED - EDITED COPY -------------------------------------------------------------------------------- *** CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE COPY FILED HEREWITH OMITS THE INFORMATION SUBJECT TO THE CONFIDENTIALITY REQUEST. OMISSIONS ARE DESIGNATED AS [****]. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. -------------------------------------------------------------------------------- ADDENDUM TO PRIVATE LABEL MANUFACTURING AND SUPPLY AGREEMENT Date: Sep. 21, 2006 Description: Addendum to the Private Label Manufacturing And Supply Agreement (11/13/03) Items: (For details, please refer to the attached Meeting Minutes: Discussion Between Abaxis and Diatron on Cooperation Issues Meeting Minutes on September 15, 2006 and Agreement Details Finalized on September 21, 2006) 1. Abaxis commits for minimum order quantity: [****] units of [****] per quarter, [****] per year starting from October 1, 2006 to Sep. 30, 2007. 2. The minimum quantity of [****] units includes max. [****] demonstration units of [****] per quarter. o The unit price of [****]: [****] ex works Budapest. o The unit price for demo units [****]: [****] ex works Budapest. 3. Delivery: o Order for Q4 2006: min. [****] units (including [****] demonstration units) by December 31, 2006, the balance of [****] units by March 31, 2007 in addition to the order for Q1 2007. o Orders for Q1-Q3 2007: min. [****] units by the end of each month, a total of [****] units by the end of each quarter. o Partial shipments will be done on pallets [****] units each, min. [****] pallets per shipment. 4. Payment terms: o [****] down payment for [****] units at unit price of [****] will be transferred to Diatron by Oct. 1, 2006. o Wire transferring net 30 days. o [****] discount for amount paid within 14 days from invoice date and [****] discount for amount paid upon presentation of the invoice. o A total of 25% of the down payment [****] will be deducted by Abaxis from the actual invoice amount at the beginning of each quarter starting from January 1, 2007 and ending on Oct. 1, 2007. Note: The SCHEDULE B: MIMINUM PURCHASE COMMITMENTS in the Private Label Manufacturing And Supply Agreement (11/13/03) is invalid during the effective period and the execution of this addendum. Diatron /s/ Alex Walker 10/12/06 ---------------- --------------------- -------------- Company Signature Date Abaxis /s/ Clinton Severson 10/11/06 ---------------- --------------------- -------------- Company Signature Date