Exhibit 10.34
SALES AND PURCHASE CONTRACT
THE BUYER: TIANWEI YINGLI NEW ENERGY RESOURCES CO., LTD.
Add: No. 3055 Middle Fuxing Road, Baoding 071051
Tel: +86-312-8929897
Fax: +86-312-7921339
THE SELLER: KOMEX INC.
Add: #707, Victoria B/D, 705-1, Yeoksam-Dong, Kangnam-Ku,
Seoul, 135-709, Korea
Tel: +82-2-527-3143
Fax: +82-2-508-3143
THE BUYER AND THE SELLER HAVE AN AGREEMENT AS FOLLOWS:
4. UNIT
1. COMMODITY 2. QUALITY 3. QUANTITY PRICE 5. AMOUNT
High Purity See the 150Ts $180 $27,000,000
Poly Silicon Attachment 1
P>1ohm-cm
Top and Tail N>1ohm-cm 30Ts $150 $ 4,500,000
Size greater than
or equal to 15mm
P>0.5ohm-cm
Broken Wafer N>1ohm-cm 100Ts $120 $12,000,000
Thickness greater
than or equal to
300 micrometers
P>0.5ohm-cm
Pot Scrap N>1ohm-cm 80Ts $130 $10,400,000
Size greater than
or equal to 15mm
Note: the price will be negotiated if the market price is up and down beyond 5%
6. Period: Apr. 2007 - Mar. 2008
7. Packing: To be packed cover suitable for air and sea
transportation. The Seller shall be liable for any damage of the
commodity and expenses incurred on account of improper packing and
for any rust attributable to inadequate or improper protective
measures taken by the Seller in regard to the packing.
8. Shipment:
CIF Terms. The Seller shall contract on usual terms at his own expenses for the
carriage of the goods to the agreed point at the named place of destinations
and bear all risk and expenses until the goods have been delivered to the first
carrier.
9. Payment: 100% T/T in advance before every shipment.
10. Port of Shipment: To order
11. Port of Destination: Beijing China
12. Insurance: To be covered by the Seller
13. Quality or Quantity discrepancy: After receiving the goods, if quality
problem found, the Buyer shall claim within 20 days, the Seller should
give compensation to the Buyer by payment or replace them by
good-quality goods. If quantity discrepancy found, the Buyer should
claim within 20 days, the Seller should compensate with good quality
goods. The Seller Shall, within 20 days after receipt of the notice of
the claim, send reply to the Buyer.
14. Force Majeure: If the shipment of the contracted goods is prevented or
delayed in whole or in part by cause of flood, fire, earthquake,
drought, war of any other events which occurred at the time of the
conclusion of the contract and could not be predicted, controlled,
avoided or overcome by the Seller, the Seller shall not be held
responsible. However the Seller shall inform the Buyer of its
occurrence by cable or telex as soon as possible and within 14 days
deliver to the Buyer a certificate issued by the China Council for the
Promotion of International Trade or other competent authorities
attesting such event or events. If the force majeure lasts over 60
days, the Buyer shall have the right to cancel the contract or the
undelivered part the contract.
15. Arbitration: All dispute in connection with this contract or the execution
there of shall be settlement can be reached, the case is dispute shall
then be submitted by China International Economic and Trade
Arbitration Commission.
16. Note: The Seller can supply 360 ton silicon materials include High Pure
Poly Silicon, Top&Tail, Pot Scrap and Broken Wafers to the Buyer in
the year of 2007. The prices of the silicon materials need to be
negotiated by both sides when sign the contract for the year 2008.
17. Special provisions:
All appendixes to the Contract shall form an integral part of the Contract and
have the same effectiveness as the Contract. IN WITHNESS THEREOF, both parties
signed this Contract in three original copies, each party holds one copy.
THE BUYER: THE SELLER:
TIANWEI YINGLI NEW KOMEX INC.
ENERGY RESOURCES CO., LTD. APR 23rd 07
/s/ Lian Shean Miao /s/ C.J. Suk
- -------------------------- ------------------------------
Lian Shean Miao C.J. Suk
ATTACHMENT I
1. Specification of poly-crystalline silicon
ITEM SPEC.
Boron <1.5 x 10 to the 13th power at/cm to the 3rd power
Phosphorous <5 x 10 to the 13th power at/cm to the 3rd power
Carbon <2 x 10 to the 16th power at/cm to the 3rd power
Oxygen <2 x 10 to the 18th power at/cm to the 3rd power
Purity <99.999999%
Min 1000 Omega-cm (P type)
Resistivity Min 100 Omega-cm (N type)
Chunk form
(length) 5-150mm
Surface Not etched-washed