o |
REGISTRATION
STATEMENT PURSUANT TO SECTION 12(b) OR 12(g) OF THE SECURITIES
EXCHANGE ACT OF 1934
|
x |
ANNUAL
REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT
OF 1934
|
o |
TRANSITION
REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT
OF 1934
|
o |
SHELL
COMPANY REPORT PURSUANT TO SECTION 13 OR 15(D) OF THE SECURITIES
EXCHANGE ACT OF 1934
|
For the transition
period from
to
|
Title
of each class
|
Name
of each exchange on which registered
|
|
American
Depositary Shares, each representing
two
shares, no par value per share
|
New
York Stock Exchange
|
ITEM
19.
|
EXHIBITS
|
Exhibit Number
|
Description
of Document
|
1.1
|
Memorandum
and Articles of Association (incorporated by reference to Exhibit 4.1 from
our Post-Effective Amendment No. 1 to Form S-8 registration statement
(File No. 333- 153647), as amended, initially filed with the Commission on
March 13, 2009)
|
2.1
|
Registrant’s
Specimen American Depositary Receipt (incorporated by reference to Exhibit
4.1 from our F-1 registration statement (File No. 333-151315), as amended,
initially filed with the Commission on May 30, 2008)
|
2.2
|
Registrant’s
Specimen Certificate for Shares (incorporated by reference to Exhibit 4.2
from our F-1 registration statement (File No. 333-151315), as amended,
initially filed with the Commission on May 30, 2008)
|
2.3
|
Form
of Deposit Agreement among the Registrant, the depositary and holder of
the American Depositary Receipts (incorporated by reference to Exhibit 4.3
from our F-1 registration statement (File No. 333-151315), as amended,
initially filed with the Commission on May 30, 2008)
|
2.4
|
Deed
of Agreement among Xianshou Li, Yuncai Wu and Diverso Management Limited
dated as of May 31, 2006 (incorporated by reference to Exhibit 4.4 from
our F-1 registration statement (File No. 333-151315), as amended,
initially filed with the Commission on May 30, 2008)
|
2.5
|
Deed
of Agreement among Xianshou Li, Yuncai Wu, Diverso Management Limited,
Charles Xiaoshu Bai and other parties thereto dated as of August 3, 2006
and amended as of March 7, 2007 (incorporated by reference to Exhibit 4.5
from our F-1 registration statement (File No. 333-151315), as amended,
initially filed with the Commission on May 30, 2008)
|
2.6
|
Lock-in
Deed among the Registrant, Hanson Westhouse LLP, Xianshou Li and Ruixin
Holdings Limited dated as of August 2, 2006 (incorporated by reference to
Exhibit 4.6 from our F-1 registration statement (File No. 333-151315), as
amended, initially filed with the Commission on May 30,
2008)
|
2.7
|
Lock-in
Deed among the Registrant, Hanson Westhouse LLP, Yuncai Wu and Yuncai
Holdings Limited dated as of August 2, 2006 (incorporated by reference to
Exhibit 4.7 from our F-1 registration statement (File No. 333-151315), as
amended, initially filed with the Commission on May 30,
2008)
|
2.8
|
Lock-in
Deed among the Registrant, Hanson Westhouse LLP and Xiaoshu Bai dated as
of August 2, 2006 (incorporated by reference to Exhibit 4.8 from our F-1
registration statement (File No. 333-151315), as amended, initially filed
with the Commission on May 30, 2008)
|
2.9
|
Lock-in
Deed among the Registrant, Hanson Westhouse LLP and Diverso Management
Limited dated as of August 2, 2006 (incorporated by reference to Exhibit
4.9 from our F-1 registration statement (File No. 333-151315), as amended,
initially filed with the Commission on May 30, 2008)
|
4.1††
|
2007
Share Incentive Plan, amended and restated as of January 21,
2009
|
4.2
|
Form
of Indemnification Agreement with the Registrant’s Directors (incorporated
by reference to Exhibit 10.2 from our F-1 registration statement (File No.
333-151315), as amended, initially filed with the Commission on May 30,
2008)
|
4.3
|
Service
Agreement among the Registrant, Zhejiang Yuhui Solar Energy Source Co.,
Ltd. and Xianshou Li (incorporated by reference to Exhibit 10.3 from our
F-1 registration statement (File No. 333-151315), as amended, initially
filed with the Commission on May 30, 2008)
|
4.4††
|
Employment
Contract between the Registrant and Charles Xiaoshu Bai dated as of June
10, 2009
|
4.5
|
Service
Agreement among the Registrant, Zhejiang Yuhui Solar Energy Source Co.,
Ltd. and Yuncai Wu (incorporated by reference to Exhibit 10.5 from our F-1
registration statement (File No. 333-151315), as amended, initially filed
with the Commission on May 30,
2008)
|
Exhibit Number
|
Description
of Document
|
4.6
|
Employment
Agreement among the Registrant, ReneSola America Inc. and Panjian Li
(incorporated by reference to Exhibit 10.7 from our F-1 registration
statement (File No. 333-151315), as amended, initially filed with the
Commission on May 30, 2008)
|
4.7††
|
Employment
Contract between the Registrant and Julia Jiyan Xu dated as of March 2,
2009
|
4.8††
|
Employment
Contract between the Registrant and Wang Mingde dated as of November 17,
2008
|
4.9
|
English
Translation of Form of Guarantee Contract among Bank of China, Xiahe Lian
and Xianshou Li (incorporated by reference to Exhibit 10.16 from our F-1
registration statement (File No. 333-151315), as amended, initially filed
with the Commission on May 30, 2008)
|
4.10
|
English
translation of Share Entrustment Agreement among Xianshou Li, Yuncai Wu,
Xiangjun Dong and Zhengmin Lian dated as of May 2, 2006 as well as
Supplemental Agreement in July 2007 (incorporated by reference to Exhibit
10.27 from our F-1 registration statement (File No. 333-151315), as
amended, initially filed with the Commission on May 30,
2008)
|
4.11
|
Trust
Deed between the Registrant and DB Trustees (Hong Kong) Limited dated as
of March 26, 2007 (incorporated by reference to Exhibit 10.28 from our F-1
registration statement (File No. 333-151315), as amended, initially filed
with the Commission on May 30, 2008)
|
4.12
|
Paying
and Conversion Agency Agreement among the Registrant, Deutsche Bank AG,
Hong Kong Branch, Deutsche Bank Luxembourg S. A. and DB Trustees (Hong
Kong) Limited dated as of March 26, 2007 (incorporated by reference to
Exhibit 10.29 from our F-1 registration statement (File No. 333-151315),
as amended, initially filed with the Commission on May 30,
2008)
|
4.13
|
English
Translation of Cooperation Agreement between the Registrant and Linzhou
Zhongsheng Steel Co., Ltd. dated as of August 3, 2007 (incorporated by
reference to Exhibit 10.30 from our F-1 registration statement (File No.
333-151315), as amended, initially filed with the Commission on May 30,
2008)
|
4.14
|
English
Translation of Equity Joint Venture Contract between the Registrant and
Linzhou Zhongsheng Steel Co., Ltd. dated as of August 3, 2007
(incorporated by reference to Exhibit 10.31 from our F-1 registration
statement (File No. 333-151315), as amended, initially filed with the
Commission on May 30, 2008)
|
4.15
|
English
Translation of Purchase Contract between Wuxi Suntech Power Co., Ltd. And
Zhejiang Yuhui Solar Energy Source Co, Ltd. dated as of September 30, 2007
(incorporated by reference to Exhibit 10.32 from our F-1 registration
statement (File No. 333¬151315), as amended, initially filed with the
Commission on May 30, 2008)
|
4.16
|
English
Translation of Lease Agreement between Zhejiang Yuhuan and Zhejiang Yuhui
Solar Energy Source Co, Ltd. dated as of October 5, 2007 (incorporated by
reference to Exhibit 10.33 from our F-1 registration statement (File No.
333-151315), as amended, initially filed with the Commission on May 30,
2008)
|
4.17
|
English
Translation of Polysilicon Supply Contract between Sichuan Yongxiang
Polysilicon Co., Ltd. and Zhejiang Yuhui Energy Source Co, Ltd. dated as
of October 16, 2007 (incorporated by reference to Exhibit 10.34 from our
F-1 registration statement (File No. 333-151315), as amended, initially
filed with the Commission on May 30, 2008)
|
4.18
|
Equipment
Supply and Purchase Contract between Sichuan Renesola Silicon Material
Co., Ltd. and Chemical Equipment Engineering Limited dated as of September
27, 2007 (incorporated by reference to Exhibit 10.35 from our F-1
registration statement (File No. 333-151315), as amended, initially filed
with the Commission on May 30, 2008)
|
4.19
|
English
Translation of Polysilicon Purchase and Sales Contract between Daqo New
Material Co., Ltd. and Zhejiang Yuhui Solar energy Source Co., Ltd. dated
as of October 31, 2007 (incorporated by reference to Exhibit 10.39 from
our F-1 registration statement (File No. 333-151315), as amended,
initially filed with the Commission on May 30, 2008)
|
4.20
|
English
Translation of Products Purchase and Sales Contract between Jingao Solar
Co., Ltd. and Zhejiang Yuhui Solar Energy Source Co., Ltd. dated as of
December 13, 2007 (incorporated by reference to Exhibit 10.40 from our F-1
registration statement (File No. 333-151315), as amended, initially filed
with the Commission on May 30,
2008)
|
Exhibit Number
|
Description
of Document
|
4.21
|
English
Translation of Loan Contract between Bank of China and Zhejiang Yuhui
Solar Energy Source Co., Ltd. dated as of January 2, 2008 (incorporated by
reference to Exhibit 10.41 from our F-1 registration statement (File No.
333-151315), as amended, initially filed with the Commission on May 30,
2008
|
4.22
|
Contract
between ALD Vacuum Technologies GmbH and Zhejiang Yuhui Solar Energy
Source Co., Ltd. dated as of January 22, 2008 (incorporated by reference
to Exhibit 10.42 from our F-1 registration statement (File No.
333-151315), as amended, initially filed with the Commission on May 30,
2008)
|
4.23
|
Equipment
Supply and Purchase Contract between Sichuan Renesola Silicon Material
Co., Ltd. and Chemical Equipment Engineering Limited dated as of February
5, 2008 (incorporated by reference to Exhibit 10.43 from our F-1
registration statement (File No. 333-151315), as amended, initially filed
with the Commission on May 30, 2008)
|
4.24
|
English
Translation of Supplemental Equipment Purchase and Sales Contract between
Shanghai Hanhong Precision Machinery Co., Ltd. and Zhejiang Yuhui Solar
Energy Co., Ltd. dated as of February 15, 2008 (incorporated by reference
to Exhibit 10.44 from our F-1 registration statement (File No.
333-151315), as amended, initially filed with the Commission on May 30,
2008)
|
4.25
|
English
Translation of Liability Transfer Agreement between Desheng Solar Energy
Co., Ltd., Jiangxi Jingke Solar Energy Co., Ltd. and Zhejiang Yuhui Solar
Energy Source Co., Ltd. dated as of May 28, 2008 (incorporated by
reference to Exhibit 10.45 from our F¬1 registration statement (File No.
333-151315), as amended, initially filed with the Commission on May 30,
2008)
|
4.26*†
|
English
Translation of Loan Agreement between Sichuan ReneSola Silicon Material
Co., Ltd. and Bank of Construction dated as of January 24,
2009
|
4.27††
|
English
Translation of Guarantee Contract among China Construction Bank, Xiahe
Lian and Xianshou Li date as of January 24, 2009
|
4.28*†
|
Contract
between ALD Vacuum Technologies GmbH and Zhejiang Yuhui Solar Energy
Source Co., Ltd. dated as of July 15, 2008
|
4.29*†
|
Contract
between BP Solar International Inc. and Renesola Singapore Pte., Ltd.
dated as of January 19, 2009
|
8.1††
|
Subsidiaries
of the registrant
|
11.1
|
Code
of Business Conduct and Ethics of the Registrant (incorporated by
reference to Exhibit 99.1 from our F-1 registration statement (File No.
333-151315), as amended, initially filed with the Commission on May 30,
2008)
|
12.1*
|
CEO
Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of
2002
|
12.2*
|
CFO
Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of
2002
|
13.1*
|
CEO
Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of
2002
|
13.2*
|
CFO
Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of
2002
|
15.1††
|
Consent
of Harney Westwood & Riegels
|
15.2††
|
Consent
of Haiwen & Partners
|
15.3††
|
Consent
of Deloitte Touche Tohmatsu CPA Ltd.
|
_________
|
|
*
|
Filed
herewith.
|
†
|
Confidential
treatment is being requested with respect to portions of these exhibits
and such confidential treatment portions have been deleted and replaced
with “****” and filed separately with the Securities and Exchange
Commission pursuant to Rule 24b-2 under the Securities Exchange Act of
1934.
|
†† |
Previously
filed with the Annual Report on Form
20-F.
|
ReneSola Ltd | |||
|
By:
|
/s/ Xianshou Li | |
Name: | Xianshou Li | ||
Title: | Director and Chief Executive Officer | ||
Exhibit Number
|
Description
of Document
|
1.1
|
Memorandum
and Articles of Association (incorporated by reference to Exhibit 4.1 from
our Post-Effective Amendment No. 1 to Form S-8 registration statement
(File No. 333- 153647), as amended, initially filed with the Commission on
March 13, 2009)
|
2.1
|
Registrant’s
Specimen American Depositary Receipt (incorporated by reference to Exhibit
4.1 from our F-1 registration statement (File No. 333-151315), as amended,
initially filed with the Commission on May 30, 2008)
|
2.2
|
Registrant’s
Specimen Certificate for Shares (incorporated by reference to Exhibit 4.2
from our F-1 registration statement (File No. 333-151315), as amended,
initially filed with the Commission on May 30, 2008)
|
2.3
|
Form
of Deposit Agreement among the Registrant, the depositary and holder of
the American Depositary Receipts (incorporated by reference to Exhibit 4.3
from our F-1 registration statement (File No. 333-151315), as amended,
initially filed with the Commission on May 30, 2008)
|
2.4
|
Deed
of Agreement among Xianshou Li, Yuncai Wu and Diverso Management Limited
dated as of May 31, 2006 (incorporated by reference to Exhibit 4.4 from
our F-1 registration statement (File No. 333-151315), as amended,
initially filed with the Commission on May 30, 2008)
|
2.5
|
Deed
of Agreement among Xianshou Li, Yuncai Wu, Diverso Management Limited,
Charles Xiaoshu Bai and other parties thereto dated as of August 3, 2006
and amended as of March 7, 2007 (incorporated by reference to Exhibit 4.5
from our F-1 registration statement (File No. 333-151315), as amended,
initially filed with the Commission on May 30,
2008)
|
2.6
|
Lock-in
Deed among the Registrant, Hanson Westhouse LLP, Xianshou Li and Ruixin
Holdings Limited dated as of August 2, 2006 (incorporated by reference to
Exhibit 4.6 from our F-1 registration statement (File No. 333-151315), as
amended, initially filed with the Commission on May 30,
2008)
|
2.7
|
Lock-in
Deed among the Registrant, Hanson Westhouse LLP, Yuncai Wu and Yuncai
Holdings Limited dated as of August 2, 2006 (incorporated by reference to
Exhibit 4.7 from our F-1 registration statement (File No. 333-151315), as
amended, initially filed with the Commission on May 30,
2008)
|
2.8
|
Lock-in
Deed among the Registrant, Hanson Westhouse LLP and Xiaoshu Bai dated as
of August 2, 2006 (incorporated by reference to Exhibit 4.8 from our F-1
registration statement (File No. 333-151315), as amended, initially filed
with the Commission on May 30, 2008)
|
2.9
|
Lock-in
Deed among the Registrant, Hanson Westhouse LLP and Diverso Management
Limited dated as of August 2, 2006 (incorporated by reference to Exhibit
4.9 from our F-1 registration statement (File No. 333-151315), as amended,
initially filed with the Commission on May 30, 2008)
|
4.1††
|
2007
Share Incentive Plan, amended and restated as of January 21,
2009
|
4.2
|
Form
of Indemnification Agreement with the Registrant’s Directors (incorporated
by reference to Exhibit 10.2 from our F-1 registration statement (File No.
333-151315), as amended, initially filed with the Commission on May 30,
2008)
|
4.3
|
Service
Agreement among the Registrant, Zhejiang Yuhui Solar Energy Source Co.,
Ltd. and Xianshou Li (incorporated by reference to Exhibit 10.3 from our
F-1 registration statement (File No. 333-151315), as amended, initially
filed with the Commission on May 30, 2008)
|
4.4††
|
Employment
Contract between the Registrant and Charles Xiaoshu Bai dated as of June
10, 2009
|
4.5
|
Service
Agreement among the Registrant, Zhejiang Yuhui Solar Energy Source Co.,
Ltd. and Yuncai Wu (incorporated by reference to Exhibit 10.5 from our F-1
registration statement (File No. 333-151315), as amended, initially filed
with the Commission on May 30, 2008)
|
4.6
|
Employment
Agreement among the Registrant, ReneSola America Inc. and Panjian Li
(incorporated by reference to Exhibit 10.7 from our F-1 registration
statement (File No. 333-151315), as amended, initially filed with the
Commission on May 30, 2008)
|
Exhibit Number
|
Description
of Document
|
4.7††
|
Employment
Contract between the Registrant and Julia Jiyan Xu dated as of March 2,
2009
|
4.8††
|
Employment
Contract between the Registrant and Wang Mingde dated as of November 17,
2008
|
4.9
|
English
Translation of Form of Guarantee Contract among Bank of China, Xiahe Lian
and Xianshou Li (incorporated by reference to Exhibit 10.16 from our F-1
registration statement (File No. 333-151315), as amended, initially filed
with the Commission on May 30, 2008)
|
4.10
|
English
translation of Share Entrustment Agreement among Xianshou Li, Yuncai Wu,
Xiangjun Dong and Zhengmin Lian dated as of May 2, 2006 as well as
Supplemental Agreement in July 2007 (incorporated by reference to Exhibit
10.27 from our F-1 registration statement (File No. 333-151315), as
amended, initially filed with the Commission on May 30,
2008)
|
4.11
|
Trust
Deed between the Registrant and DB Trustees (Hong Kong) Limited dated as
of March 26, 2007 (incorporated by reference to Exhibit 10.28 from our F-1
registration statement (File No. 333-151315), as amended, initially filed
with the Commission on May 30, 2008)
|
4.12
|
Paying
and Conversion Agency Agreement among the Registrant, Deutsche Bank AG,
Hong Kong Branch, Deutsche Bank Luxembourg S. A. and DB Trustees (Hong
Kong) Limited dated as of March 26, 2007 (incorporated by reference to
Exhibit 10.29 from our F-1 registration statement (File No. 333-151315),
as amended, initially filed with the Commission on May
30, 2008)
|
4.13
|
English
Translation of Cooperation Agreement between the Registrant and Linzhou
Zhongsheng Steel Co., Ltd. dated as of August 3, 2007 (incorporated by
reference to Exhibit 10.30 from our F-1 registration statement (File No.
333-151315), as amended, initially filed with the Commission on May 30,
2008)
|
4.14
|
English
Translation of Equity Joint Venture Contract between the Registrant and
Linzhou Zhongsheng Steel Co., Ltd. dated as of August 3, 2007
(incorporated by reference to Exhibit 10.31 from our F-1 registration
statement (File No. 333-151315), as amended, initially filed with the
Commission on May 30, 2008)
|
4.15
|
English
Translation of Purchase Contract between Wuxi Suntech Power Co., Ltd. And
Zhejiang Yuhui Solar Energy Source Co, Ltd. dated as of September 30, 2007
(incorporated by reference to Exhibit 10.32 from our F-1 registration
statement (File No. 333¬151315), as amended, initially filed with the
Commission on May 30, 2008)
|
4.16
|
English
Translation of Lease Agreement between Zhejiang Yuhuan and Zhejiang Yuhui
Solar Energy Source Co, Ltd. dated as of October 5, 2007 (incorporated by
reference to Exhibit 10.33 from our F-1 registration statement (File No.
333-151315), as amended, initially filed with the Commission on May 30,
2008)
|
4.17
|
English
Translation of Polysilicon Supply Contract between Sichuan Yongxiang
Polysilicon Co., Ltd. and Zhejiang Yuhui Energy Source Co, Ltd. dated as
of October 16, 2007 (incorporated by reference to Exhibit 10.34 from our
F-1 registration statement (File No. 333-151315), as amended,
initially filed with the Commission on May 30, 2008)
|
4.18
|
Equipment
Supply and Purchase Contract between Sichuan Renesola Silicon Material
Co., Ltd. and Chemical Equipment Engineering Limited dated as of September
27, 2007 (incorporated by reference to Exhibit 10.35 from our F-1
registration statement (File No. 333-151315), as amended, initially filed
with the Commission on May 30, 2008)
|
4.19
|
English
Translation of Polysilicon Purchase and Sales Contract between Daqo New
Material Co., Ltd. and Zhejiang Yuhui Solar energy Source Co., Ltd. dated
as of October 31, 2007 (incorporated by reference to Exhibit 10.39 from
our F-1 registration statement (File No. 333-151315), as amended,
initially filed with the Commission on May 30, 2008)
|
4.20
|
English
Translation of Products Purchase and Sales Contract between Jingao Solar
Co., Ltd. and Zhejiang Yuhui Solar Energy Source Co., Ltd. dated as of
December 13, 2007 (incorporated by reference to Exhibit 10.40 from our F-1
registration statement (File No. 333-151315), as amended, initially filed
with the Commission on May 30,
2008)
|
Exhibit Number
|
Description
of Document
|
4.21
|
English
Translation of Loan Contract between Bank of China and Zhejiang Yuhui
Solar Energy Source Co., Ltd. dated as of January 2, 2008 (incorporated by
reference to Exhibit 10.41 from our F-1 registration statement (File No.
333-151315), as amended, initially filed with the Commission on May 30,
2008
|
4.22
|
Contract
between ALD Vacuum Technologies GmbH and Zhejiang Yuhui Solar Energy
Source Co., Ltd. dated as of January 22, 2008 (incorporated by reference
to Exhibit 10.42 from our F-1 registration statement (File No.
333-151315), as amended, initially filed with the Commission on May 30,
2008)
|
4.23
|
Equipment
Supply and Purchase Contract between Sichuan Renesola Silicon Material
Co., Ltd. and Chemical Equipment Engineering Limited dated as of February
5, 2008 (incorporated by reference to Exhibit 10.43 from our F-1
registration statement (File No. 333-151315), as amended, initially filed
with the Commission on May 30, 2008)
|
4.24
|
English
Translation of Supplemental Equipment Purchase and Sales Contract between
Shanghai Hanhong Precision Machinery Co., Ltd. and Zhejiang Yuhui Solar
Energy Co., Ltd. dated as of February 15, 2008 (incorporated by reference
to Exhibit 10.44 from our F-1 registration statement (File No.
333-151315), as amended, initially filed with the Commission on May 30,
2008)
|
4.25
|
English
Translation of Liability Transfer Agreement between Desheng Solar Energy
Co., Ltd., Jiangxi Jingke Solar Energy Co., Ltd. and Zhejiang Yuhui Solar
Energy Source Co., Ltd. dated as of May 28, 2008 (incorporated by
reference to Exhibit 10.45 from our F¬1 registration statement (File No.
333-151315), as amended, initially filed with the Commission on May 30,
2008)
|
4.26*†
|
English
Translation of Loan Agreement between Sichuan ReneSola Silicon Material
Co., Ltd. and Bank of Construction dated as of January 24,
2009
|
4.27††
|
English
Translation of Guarantee Contract among China Construction Bank, Xiahe
Lian and Xianshou Li date as of January 24, 2009
|
4.28*†
|
Contract
between ALD Vacuum Technologies GmbH and Zhejiang Yuhui Solar Energy
Source Co., Ltd. dated as of July 15, 2008
|
4.29*†
|
Contract
between BP Solar International Inc. and Renesola Singapore Pte., Ltd.
dated as of January 19, 2009
|
8.1††
|
Subsidiaries
of the registrant
|
11.1
|
Code
of Business Conduct and Ethics of the Registrant (incorporated by
reference to Exhibit 99.1 from our F-1 registration statement (File No.
333-151315), as amended, initially filed with the Commission on May 30,
2008)
|
12.1*
|
CEO
Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of
2002
|
12.2*
|
CFO
Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of
2002
|
13.1*
|
CEO
Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of
2002
|
13.2*
|
CFO
Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of
2002
|
15.1††
|
Consent
of Harney Westwood & Riegels
|
15.2††
|
Consent
of Haiwen & Partners
|
15.3††
|
Consent
of Deloitte Touche Tohmatsu CPA Ltd.
|
_________
|
|
*
|
Filed
herewith.
|
†
|
Confidential
treatment is being requested with respect to portions of these exhibits
and such confidential treatment portions have been deleted and replaced
with “****” and filed separately with the Securities and Exchange
Commission pursuant to Rule 24b-2 under the Securities Exchange Act of
1934.
|
†† |
Previously
filed with the Annual Report on Form
20-F.
|
a.
|
interest
settled on a monthly basis; settlement of interest on 20th
day of each month;
|
b.
|
interest
settled on a quarterly basis; settlement of interest on 20th
day of the last month of each
quarter;
|
c.
|
other
methods (none).
|
1.
|
The
Borrower has completed the relevant approval, registration,
delivery, insurance and other legally required procedures with regard to
the loan under this Contract;
|
2.
|
The
guarantee contract for the loan under this Contract (if any) has come into
effect and will continue to be
effective;
|
3.
|
The
Borrower has opened an bank account for the purpose of drawing and
repayment according to Lender’s
requirements;
|
4.
|
The
Borrower has not breached any clause of the Contract or incurred any
circumstance that may impair the security of the creditor’s right The
Lender is entitled to;
|
5.
|
The
loan under this Contract is not prohibited or limited by laws, regulations
or authorities;
|
6.
|
Other
conditions: none
|
(1)
|
Principal
repayment plan as follows:
|
(1)
|
Compensation
amount= pre-repaid principal amount ×number of months for
pre-repayment×_____‰. If less than one full month, calculate as one
month.
|
(2)
|
exemption from the
compensation for
pre-repayment
|
1.
|
The
Borrower is entitled to demand the Lender to grant the loan in accordance
with the Contract if there’s no justified reasons to withhold the
loan;
|
*
|
This portion has been omitted and
filed separately with the Securities and Exchange Commission pursuant to
Rule 24b-2 under the Securities Exchange Act of
1934.
|
*
|
This portion has been omitted and
filed separately with the Securities and Exchange Commission pursuant to
Rule 24b-2 under the Securities Exchange Act of
1934.
|
ITEM
|
COMMODITIES; SPECIFICATIONS
|
ALL AMOUNTS
in
EUR
|
||||
1
|
Eighty
(80) Silicon Crystallisation Units Type SCU 400 capable of Melting,
Crystallising, Annealing and Cooling Down of Photovoltaic Grade Silicon
Ingots, scope of supply and service as per Annex 1,
|
[****] | * | |||
2
|
Spare
Parts Package
|
[****] | * | |||
-hereafter
referred to as the Equipment or the Goods-
|
||||||
CIF
Shanghai, China Seaport according to Incoterms 2000.
|
||||||
Total
Contract Price
|
EUR 40,800,000
|
*
|
This
portion has been omitted and filed separately with the Securities and
Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange
Act of 1934.
|
*
|
This
portion has been omitted and filed separately with the Securities and
Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange
Act of 1934.
|
*
|
This
portion has been omitted and filed separately with the Securities and
Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange
Act of 1934.
|
|
70% pro
rata delivery of the partial contract amount for the Furnaces as per
9.3 and 9.4 against Seller’s presentation of
:
|
|
-
|
Seller’s
commercial invoice signed in 1 original and 4 copies, indicating the
contract no. and shipping mark,
|
|
-
|
Full
set of 3/3 original clean on board Bills of Lading marked “Freight
pre-paid”, indicating Contract No. and shipping mark made out to order and
blank endorsed, notifying the
Buyer,
|
|
-
|
Packing
List in 2 originals and 2 copies issued by the Seller with indication of
gross weight, net weight, dimension of each package, number of packages
and content of each package.
|
|
-
|
Certificate
of Quality and Quantity issued by the Seller, in one original and two
copies
|
|
-
|
Certificate
of Origin in one original and two
copies
|
|
-
|
One
copy of fax to the Buyer, advising particulars of shipment within 8
working days after date of B/L is
made
|
|
-
|
A
Performance Bond for 5% of the value of the Furnaces of the
respective partial shipment issued by a first class German Bank or
Insurance Institute in favour of the Buyer
|
- |
70% pro
rata delivery of the partial contract amount for Spare Parts
against Seller’s presentation of
:
|
|
-
|
Seller’s
commercial invoice signed in 1 original and 4 copies, indicating the
contract no. and shipping mark,
|
|
-
|
Full
set of 3/3 original clean on board Bills of Lading marked “Freight
pre-paid”, indicating Contract No. and shipping mark made out to order and
blank endorsed, notifying the
Buyer,
|
|
-
|
Packing
List in 2 originals and 2 copies issued by the Seller with indication of
gross weight, net weight, dimension of each package, number of packages
and content of each package.
|
|
-
|
Certificate
of Quality and Quantity issued by the Seller, in one original and two
copies
|
- |
Certificate
of Origin in one original and two copies
|
|
|
-
|
One
copy of fax to the Buyer, advising particulars of shipment within 8
working days after date of B/L is
made
|
12.1
|
The
Seller shall invite the Buyer in time to attend the inspection and testing
procedure in German as described in Chapter 5 of the Annex 2 of the
technical specification for one of the Furnaces produced. The delegation
of the Buyer shall consist of up to 5 persons (including 1 interpreter).
In case the specialist of the Buyer does not attend the testing procedure
the Seller has the right to perform the tests without the presence of the
Buyer.
|
12.2
|
After
arrival of the goods on Buyer’s site, the Buyer, with the Seller’s
representatives ( if requested by the Seller and if Seller’s
representative arrives in time), has the right to apply to the Beijing
Entry-Exit Inspection and Quarantine (hereinafter referred to as the
Entry-Exit Inspection) for a preliminary inspection in respect of the
quality, specifications and quantity/weight of the goods and a Survey
Report shall be issued therefore. If discrepancies are found by the
Entry-Exit Inspection regarding specifications of the quantity or both,
except when the responsibilities lie with insurance company or shipping
company, the Buyer shall, within 60 days after arrival of the goods on
Buyer’s site, have the right to claim against the
Seller.
|
|
Should
the quality and specifications of the goods be not in conformity with
contract or should the goods prove defective within the warranty period
stipulated in Clause 13 for any reason imputable to Seller, the Buyer
shall arrange for a survey to be carried out by the Entry-Exit Inspection
and have the right to claim against the Seller on the strength of the
Survey Report.
|
12.3
|
Final
acceptance testing of the Furnaces shall be carried out as per Chapter 7
of Annex 2. Final acceptance shall take place for each of the delivered
furnace independently.
|
|
-
|
Signature
of this Contract by both parties.
|
|
·
|
the
down payment by July 30, 2008
and/or
|
|
·
|
the
1st
L/C(s) by August 5, 2008 and/or
|
|
·
|
the
2nd
L/C by November 30, 2008.
|
18.1
|
All
taxes in connection with the execution of this contract levied by the
Chinese Government on the Buyer in accordance with the tax laws in effect
shall be borne by the Buyer.
|
18.2
|
All
taxes arising outside of China in connection with the execution of this
contract shall be borne by the
Seller.
|
THE
BUYER:
|
THE
SELLER:
|
|
Zhejiang
Yuhui Solar Energy Source Co., Ltd
(ReneSola)
No.8
Baoqun Road Yaozhuang Industrial
Park,
Jiashan Country, Zhejiang Provinec, 314117
China
|
ALD
VACUUM TECHNOLOGIES GmbH
Wilhelm
Rohn Str. 35
63450
Hanau, Germany
|
/s/
Fred Yeh
|
/s/
Helmut Berg
|
|
Mr.
Fred Yeh COO and General Manager
|
ppa.
Helmut Berg
|
|
July
15, 2008
|
July
15, 2008
|
ALD
Vacuum Technologies GmbH
|
Annex
1 to Contract CV
|
ALD
Vacuum Technologies GmbH
|
Annex
1 to Contract CV
|
*
|
This
portion has been omitted and filed separately with the Securities and
Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange
Act of 1934.
|
ALD
Vacuum Technologies GmbH
|
Annex 2
to Contract CV
|
Customer:
|
Rene
Sola
|
NO.8 Baoqun
Road
|
|
Yao
Zhuang
|
|
Jiashan, Zhejiang
Province
|
|
314117
CHINA
|
|
Phone:
0573 477
3058
|
|
Fax: 0573 477
3383
|
|
Proposed
by:
|
ALD Vacuum Technologies
GmbH
|
Wilhelm-Rohn-Str.
35
|
|
D-63450
Hanau
|
|
Contact partner
sales:
|
Mr. Michael
Hohmann
|
Phone:
+(49) 6181-307-3309
|
|
Fax: +(49) 6181-307-3299
|
|
E-Mail:
michael.hohmann@ald-vt.de
|
|
Representative I
Local
Office:
|
C & K Development Co.
Ltd.
|
1808, Henderson Building,
Block 1
|
|
18 Jianguomennai Avenue
|
|
Beijing
-100005
|
|
P. R. China
|
|
Contact: Mr. Ray
Zhaoyu
|
|
Phone: +81-10-65182828
|
|
Fax: +81-10-65188182
|
|
Date
|
June 11th ,
2008
|
ALD
Vacuum Technologies GmbH
|
Annex 2
to Contract CV
|
TECHNICAL
SPECIFICATION
|
13
|
|
1.
|
General
Description
|
16
|
1.1
|
Features
of the SCU 400 furnace design
|
16
|
1.2
|
Principle
Furnace Concept
|
17
|
2.
|
Technical
Data
|
19
|
2.1
|
Utilities,
supply
|
21
|
2.2
|
Process
cycle
|
22
|
2.3
|
Applicable
Regulations, Standards and Laws
|
22
|
3.
|
Scope
of Supply
|
23
|
3.1
|
Process
chamber
|
23
|
3.2
|
Chamber
lid
|
23
|
3.3
|
Segmented
Top Heating System
|
24
|
3.4
|
Bottom
Heating System
|
24
|
3.5
|
Safety
Features of the Plant
|
25
|
3.6
|
Heat
Extraction System
|
25
|
3.7
|
View
Port
|
26
|
3.8
|
Electric
Operating and Control Equipment
|
26
|
3.9
|
Gas
Control
|
27
|
3.10
|
Internal
Cooling Water Distribution System
|
28
|
3.11
|
Compressed
Air System
|
28
|
3.12
|
Basic
Engineering for Platforms and Steel Structure
|
28
|
3.13
|
Painting
|
28
|
3.14
|
Vacuum
System
|
29
|
3.15
|
Documentation
|
29
|
ALD
Vacuum Technologies GmbH
|
Annex 2
to Contract CV
|
4.
|
Spare
Parts
|
31
|
5.
|
Cold
Tests, and Hot Tests Prior to Delivery
|
32
|
5.1
|
Pre-Test
Conditions
|
32
|
6.
|
Installation,
Cold - Hot Tests and Training at Customers Site
|
33
|
6.1
|
Training
at Customer's Site
|
33
|
6.2
|
Supervision
for a set of eighty (80) SCU 400 furnaces
|
34
|
7.
|
Final
Commissioning Acceptance Test at Customers Site
|
35
|
8.
|
Purchaser’s
Obligations
|
36
|
ALD
Vacuum Technologies GmbH
|
Annex 2
to Contract CV
|
1.
|
GENERAL
DESCRIPTION
|
1.1
|
Features of the SCU 400 furnace
design
|
|
·
|
No
movement of the mould during
processing.
|
ALD
Vacuum Technologies GmbH
|
Annex 2
to Contract CV
|
|
·
|
Bottom
and top heater design with cooling trap in the bottom section, which
allows a controlled crystallization with high efficiency. No
side heaters are required.
|
|
·
|
The
process steps "Start-Up Cycle", "Melt-Down", "Crystallizing", "Annealing"
and "Cool-Down" of photo voltaic silicon will be performed automatically
PLC-controlled under vacuum and/or controlled
atmosphere.
|
|
·
|
PLC-controlled
system is proven for industrial scale networking of all extended SCU
furnaces. Software is capable to apply data for a central
process control.
|
|
·
|
Vacuum
pumping system with dry fore pump to reduce service and maintenance
work.
|
|
·
|
Safety
features such as chamber pressure relief, over-temperature protection,
water detection and chamber bottom shielding tiles protect the furnace
operations personnel in case of a crucible run
out.
|
|
·
|
The
hot zone is designed as a complete module which can be removed in one unit
and transported in a separate workshop area for service and maintenance
purposes. This allows the hot zone to realize a short down time
at the furnace site.
|
1.2
|
Principle Furnace
Concept
|
ALD
Vacuum Technologies GmbH
|
Annex 2
to Contract CV
|
ALD
Vacuum Technologies GmbH
|
Annex 2
to Contract CV
|
2.
|
TECHNICAL
DATA
|
|
Ø
|
Furnace
Capacity
|
Capacity
per cycle
|
1
|
Crucible
|
|
Silicon
load per crucible
|
approx.:
|
400
|
kg
|
|
Ø
|
Product
Data
|
|
Ø
|
Temperature
|
Max.
furnace temperature:
|
1570
|
°C
|
|
Ø
|
Atmosphere
|
|
Ø
|
Temperature
Measurement
|
|
Ø
|
Thermocouples
|
ALD
Vacuum Technologies GmbH
|
Annex 2
to Contract CV
|
|
Ø
|
Crucible
Dimensions
|
|
Ø
|
Graphite Plates for
Crucibles
|
|
Ø
|
Support Plate for Moulds made
from Graphite
|
|
Ø
|
Thermal Graphite Insulation
Materials
|
|
Ø
|
System Dimensions for one
furnace
|
|
Ø
|
Vacuum System
Data
|
ALD
Vacuum Technologies GmbH
|
Annex 2
to Contract CV
|
2.1
|
Utilities,
supply
|
|
Ø
|
Electrical Supply
Data
|
|
Ø
|
Compressed Air
Supply
|
|
Ø
|
Water Supply
System
|
ALD
Vacuum Technologies GmbH
|
Annex 2
to Contract CV
|
|
Ø
|
Cooling Water
Conditions
|
|
Ø
|
Ambient Conditions of the SCU
furnace
|
2.2
|
Process
cycle
|
2.3
|
Applicable Regulations,
Standards and Laws
|
ALD
Vacuum Technologies GmbH
|
Annex 2
to Contract CV
|
3.
|
SCOPE
OF SUPPLY
|
3.1
|
Process
chamber
|
|
One
|
(1)
|
Double
walled chamber body, water-cooled inner chamber parts made of stainless
steel, with mating flanges for the lid. Outer furnace will be
made out of mild steel.
|
|
One
|
(1)
|
Port
for the pumping unit
|
|
Two
|
(2)
|
Ports
for the high-current feed-through for the
heaters
|
|
One
|
(1)
|
Set
of stainless steel protection plates. These protection steel
plates are to be placed temporarily between hot zone and chamber wall
during the bake-out procedures in order to collect condensable organic
compounds and, by this, reduce contamination of the
chamber.
|
|
One
|
(1)
|
Port
with feed through for TC
measurement
|
3.2
|
Chamber
lid
|
ALD
Vacuum Technologies GmbH
|
Annex 2
to Contract CV
|
|
One
|
(1)
|
Double-walled
chamber lid, water-cooled inner chamber parts made from stainless steel,
with mating flanges for the chamber. Outer furnace lid will be
made of mild steel.
|
|
Two
|
(2)
|
Ports
for the high-current feed-through for the
heater
|
|
One
|
(1)
|
Set
of standard ports measuring, auxiliary devices and
instrumentation.
|
3.3
|
Segmented Top Heating
System
|
|
One
|
(1)
|
Set
of graphite heater with one combined thyristor
controller
|
|
One
|
(1)
|
Set
of power cables extended from the vacuum feed-through to the output of the
transformer.
|
|
One
|
(1)
|
Set
of copper pipe extended from the vacuum feed-through to the connection of
the graphite heater
|
|
One
|
(1)
|
Set
of graphite insulation
|
|
One
|
(1)
|
High-current
transformer as power source for the graphite
heater.
|
|
One
|
(1)
|
SCR
with continuously variable output
power
|
3.4
|
Bottom Heating
System
|
ALD
Vacuum Technologies GmbH
|
Annex 2
to Contract CV
|
|
One
|
(1)
|
Set
of graphite heater with combined controlled heating
elements
|
|
Two
|
(2)
|
Thermocouple
to read the temperature from the hot zone resp. the cooling
zone
|
|
One
|
(1)
|
Set
of high-efficiency graphite insulation for the entire
heater
|
|
One
|
(1)
|
Set
of power cable extended from the vacuum feed-through to the output of the
transformer.
|
|
One
|
(1)
|
Set
of copper pipe extended from the vacuum feed-through to the connection of
the graphite heater
|
|
One
|
(1)
|
High-current
transformer as power source for the graphite heaters. The
transformer is mounted in near proximity to the process chamber to
minimise electrical losses in the supply
line.
|
|
One
|
(1)
|
SCR
with continuously variable output
power
|
3.5
|
Safety Features of the
Plant
|
|
One
|
(1)
|
Water
detection system to detect safety relevant water leaks in order to monitor
the system safety.
|
|
One
|
(1)
|
Set
of copper plates covering the furnace bottom to function as a heat sink in
case of a crucible run out.
|
|
One
|
(1)
|
Furnace
chamber lid working as high cross-section pressure relief in case of
pressure surge inside the chamber
|
|
One
|
(1)
|
Ground-fault
detection system in top and in bottom
heater
|
3.6
|
Heat Extraction
System
|
ALD
Vacuum Technologies GmbH
|
Annex 2
to Contract CV
|
|
One
|
(1)
|
Insulation
shutters, horizontally movable
|
|
One
|
(1)
|
Sets
of vacuum feed-through for shutter
movement
|
|
One
|
(1)
|
Electric
motor drive for the isolation
shutters
|
|
One
|
(1)
|
Heat
sink, designed as a water-cooled copper
construction
|
3.7
|
View
Port
|
|
One
|
(1)
|
Set
of view ports, closed with blind
flanges
|
|
One
|
(1)
|
Pyrometer
view port for installation of pyrometer and visible inspection of the
melt.
|
3.8
|
Electric Operating and Control
Equipment
|
|
1.
|
One (1) Control
Cabinet
|
One
|
(1)
|
Thyristor
controller for Top Heater with communication interface, connecting load
approx. 110 kW
|
One
|
(1)
|
Thyristor
controller for Bottom Heater, with communication interface, connecting
load approx. 80 kW
|
One
|
(1)
|
PLC-control
system (SIMATIC) consisting of central processor unit and digital/analogue
in- and outputs. Software program includes standard
interlocking for the protection of the operator and
equipment.
|
One
|
(1)
|
UPS
to ensure the data saving in case electrical power supply
fails. The UPS provides full power for the PC-System allowing
to save actual data files and to restart the data acquisition after the
network power will be available
again.
|
ALD
Vacuum Technologies GmbH
|
Annex 2
to Contract CV
|
|
2.
|
Electrical Parts at the
furnace
|
|
One
|
(1)
|
Two-colour
pyrometer including wiring and tubing to control the temperature in the
centre of the crucible
|
|
One
|
(1)
|
Two-colour
pyrometer to control the temperature of the centre of the lower side of
the support plate
|
|
3.
|
Four (4 ) Central Control
Stations each to operate a set of eighteen (18)
furnaces
|
|
·
|
All
set points
|
|
·
|
All
actual values
|
|
·
|
All
important furnace conditions and
interlocks
|
|
·
|
All
relevant process conditions
|
|
·
|
All
alarm signals
|
|
·
|
Recipe
handling and status
|
|
·
|
Online
and historical trends
|
|
·
|
Data
loggings
|
3.9
|
Gas
Control
|
ALD
Vacuum Technologies GmbH
|
Annex 2
to Contract CV
|
|
One
|
(1)
|
Mass
flow controller with variable control for process
gas
|
|
One
|
(1)
|
Pneumatically
controlled backfill valve
|
|
One
|
(1)
|
Pressure
switch to monitor the supply line
|
3.10
|
Internal Cooling Water
Distribution System
|
|
One
|
(1)
|
Water
manifold for the supply and for the drain of cooling
water.
|
|
One
|
(1)
|
Set
of throttles, valves, water flow
relays
|
3.11
|
Compressed Air
System
|
|
One
|
(1)
|
Heavy
duty filter, regulator and lubricator with gauge and
drain
|
|
One
|
(1)
|
Pressure
switch to monitor the supply line
|
|
One
|
(1)
|
Set
of piping extended from the lubricator assembly to the pneumatically
operated valves
|
3.12
|
Basic Engineering for Platforms
and Steel Structure
|
|
One
|
(1)
|
Basic
engineering for steel structure and operators
platforms
|
3.13
|
Painting
|
ALD
Vacuum Technologies GmbH
|
Annex 2
to Contract CV
|
3.14
|
Vacuum
System
|
|
One
|
(1)
|
Dry
fore-pump approx. 70 m3/h
|
|
One
|
(1)
|
Roots-pump
approx. 500 m3/h
|
|
One
|
(1)
|
Set
of all necessary vacuum valves, pneumatically operated with position
indicators.
|
|
One
|
(1)
|
Pneumatically
controlled vent valve
|
|
One
|
(1)
|
Pneumatically
controlled pressure control valve
|
|
One
|
(1)
|
Set
of vacuum piping
|
|
One
|
(1)
|
Set
of vacuum measuring and control
instrumentation.
|
|
Gauging
is provided at strategic locations to monitor the
vacuum.
|
3.15
|
Documentation
|
Item
of Documentation
|
Supply
Date
|
Information
for planning foundations and
take-over
points on Customer's site
|
6
weeks after contract effective date
|
Installation
schedule
|
8
weeks after contract effective date
|
Tools
list for installation and start-up
|
8
weeks after contract effective date
|
Connection
diagram (electrical)
|
6
weeks prior to start of installation
|
Drawings,
i.e.
|
At
shipment of the furnace
|
·
Overall system drawings
·
Schematic drawings
·
Drawings of assembling
·
Component modules
|
ALD
Vacuum Technologies GmbH
|
Annex 2
to Contract CV
|
· Wiring
diagrams
|
|
· Documentation
of standard components
|
|
Instruction
manual
|
At
commencement of supervision of installation of the
plant
|
·
Safety regulations
·
Technical descriptions
·
Operating instructions
·
Maintenance instructions
|
|
"As
built" documentation
|
8
weeks after formal
acceptance
|
ALD
Vacuum Technologies GmbH
|
Annex 2
to Contract CV
|
4.
|
SPARE
PARTS
|
ALD
Vacuum Technologies GmbH
|
Annex 2
to Contract CV
|
5.
|
COLD
TESTS, AND HOT TESTS PRIOR TO
DELIVERY
|
5.1
|
Pre-Test
Conditions
|
5.1.1
|
Vacuum
Test
|
|
·
|
Achieve
ultimate vacuum < 0,1 mbar after 12 h pumping
time
|
5.1.2
|
Leak
Rate Test
|
5.1.3
|
Heating
Test
|
ALD
Vacuum Technologies GmbH
|
Annex 2
to Contract CV
|
6.
|
INSTALLATION,
COLD - HOT TESTS AND TRAINING AT CUSTOMERS
SITE
|
6.1
|
Training at Customer's
Site
|
|
Ø
|
Safety
regulations
|
|
Ø
|
Technical
descriptions
|
|
Ø
|
Operating
instructions
|
|
Ø
|
Maintenance
instructions
|
|
Ø
|
the
daily work
|
|
Ø
|
the
respective drawings and documents for these
jobs
|
|
Ø
|
the
handling and procedures of various subassemblies and
components
|
|
Ø
|
detailed
explanations on all furnace controls and
interlocks
|
|
Ø
|
detailed
maintenance advice on the erected
equipment
|
|
Ø
|
cold
operating of the entire furnace modules to familiarise Customer's
personnel
|
|
Ø
|
Preparation
of test melts, crucible
installation
|
ALD
Vacuum Technologies GmbH
|
Annex 2
to Contract CV
|
6.2
|
Supervision for a set of eighty
(80) SCU 400 furnaces
|
|
Ø
|
mechanical
Supervisor
|
|
Ø
|
electrical
Supervisor
|
|
Ø
|
Process
Engineer
|
|
Ø
|
Provision
of all supervisory personnel plus aIl skilled and unskilled labor needed
including all necessary tools
|
|
Ø
|
Supply
of all equipment and consumables, such as cutting and welding gases,
welding rods, compressed air, etc. needed for installation and initial
operation
|
|
Ø
|
Provision/construction
of all cranes, lifting mechanisms, etc.
required.
|
|
Ø
|
Provision
of all parts and services not mentioned in the scope of supply described
before.
|
ALD
Vacuum Technologies GmbH
|
Annex 2
to Contract CV
|
7.
|
FINAL
COMMISSIONING ACCEPTANCE TEST AT CUSTOMERS
SITE
|
ALD
Vacuum Technologies GmbH
|
Annex 2
to Contract CV
|
8.
|
PURCHASER’S
OBLIGATIONS
|
|
Ø
|
Maintenance
and operating personnel
|
|
Ø
|
Travel,
accommodation, per diem allowances, and incidental costs of customer's
personnel
|
|
Ø
|
Suitably
dimensioned lockable office space for use by ALD's supervisory
personnel
|
|
Ø
|
Sanitary
installations for both, installation- and supervisory
personnel
|
|
Ø
|
E-mail
services during installation, cold tests, hot tests and acceptance
tests
|
|
Ø
|
Cranes,
lifting equipment, mounting fixtures, tools and for any items needed for
unloading, transportation, or for installation of the system in
Germany
|
Ø
|
Foundations
and concrete work, including necessary
engineering
|
|
Ø
|
Cable
conduits in foundations
|
|
Ø
|
Control
room
|
|
Ø
|
Cooling
water- and cooling water-re-cooling system, an emergency cooling water
system, including anti freeze
protection
|
|
Ø
|
Compressed
air supply, inclusive of any oil and water traps
needed
|
|
Ø
|
Inert
gas supply stations including main supply line needed for the Inert Gas
system
|
|
Ø
|
Specified
low-voltage supply lines including all necessary fusing/circuit breakers
and connecting lines, in accordance with suggestions to be submitted by
ALD
|
|
Ø
|
Vacuum
pump exhaust lines
|
|
Ø
|
Scavenging
pumps in pits, if needed
|
|
Ø
|
Building
illumination
|
|
Ø
|
Fire
extinguisher systems
|
|
Ø
|
Heating
and ventilating the plant building
|
|
Ø
|
O2
warning devices for any pits that may be situated under the
system
|
|
Ø
|
Coverings
and railings needed for any pits that may
exist
|
|
Ø
|
PV
grade silicon raw materials for
melting
|
|
Ø
|
Consumables
and auxiliaries, such as crucibles/moulds, crucible/mould coating
material, coated crucibles/moulds
|
|
Ø
|
Media
needed for system operation at site, such as cooling water, electrical
power, compressed air, and inert
gases
|
|
Ø
|
Laboratory
work and material analyses
|
|
Ø
|
All
peripheral equipment
|
|
Ø
|
Utility
supplies (inert gas, water, electrical power, compressed air etc.) to the
connection point of each furnace.
|
|
Ø
|
Hardware
for operators platform, steel structure and control
room.
|
ALD
Vacuum Technologies GmbH
|
Annex 2
to Contract CV
|
ALD
Vacuum Technologies GmbH
|
Annex 3
to Contract CV
|
ALD
Vacuum Technologies GmbH
|
Annex 3
to Contract CV
|
Signature
of the issuing
Institute
|
No.
|
Description
|
|||
Section
1
|
Agreement
|
4
|
||
Section
2
|
General
Terms and Conditions
|
11
|
||
Section
3
|
Attachments:
|
|||
Attachment-A,
Commodity, Quantity, Price, & Schedule
|
18
|
|||
Attachment-B,
Specifications
|
20
|
|||
Attachment-C,
Bp Associates
|
23
|
|||
Attachment-D,
Renesola Associates
|
24
|
Article
No.
|
Description
|
|||
1.
|
CONTRACT
TERM
|
5
|
||
|
||||
2.
|
NAME
OF COMMODITY
|
5
|
||
3.
|
QUANTITY
|
6
|
||
4.
|
PRICE
|
6
|
||
|
||||
5.
|
SHIPPING
TERMS
|
6
|
||
6.
|
SHIPPING
SHCEDULE
|
6
|
||
7.
|
PAYMENT
TERMS
|
6
|
||
8.
|
QUALITY
& WARRANTY
|
6
|
||
9.
|
INSPECTION
|
7
|
||
10.
|
DEFECTS,
DAMAGE & DISCREPANCY
|
7
|
||
11.
|
LATE
DELIVERY
|
8
|
||
12.
|
NOTICES
|
8
|
||
13.
|
GOVERNING
LAW
|
9
|
||
14.
|
ARBITRATION
|
9
|
||
15.
|
ENTIRE
CONTRACT
|
9
|
a)
|
In
the supply of silicon
materials, Party
A will be referred to as “Seller”; while Party B will be referred
to as “Buyer”.
|
b)
|
In
the supply of solar
wafers, Party
B will be referred to as “Seller”; while Party A will be referred
to as “Buyer”.
|
1.
|
CONTRACT
TERM:
|
2.
|
NAME
OF COMMODITY:
|
3.
|
QUANTITY
|
4.
|
PRICE:
|
5.
|
SHIPPING
TERMS:
|
|
5.1
|
The
Goods supplied under this Contract shall be shipped under the shipping
terms as stipulated in Attachment-A.
|
|
5.2
|
The
interpretation of the shipping terms selected shall be subject to
Incoterms 2000.
|
6.
|
SHIPPING
SCHEDULE:
|
7.
|
PAYMENT
TERMS:
|
|
7.1
|
Payment
shall be made via T/T within thirty (30)
calendar days against each shipment after receiving the
relevant commercial invoice, packing list and the shipping document (such
as Air Waybill or B/L).
This payment term is applicable for both
Parties.
|
|
7.2
|
The
relevant invoice shall indicate the quantity delivered, unit price, total
amount, Purchase Order (PO) number, and other information as reasonably
required by Buyer.
|
|
7.3
|
If
Buyer disputes any invoice, in whole or in part, Buyer shall promptly
notify Seller of the dispute and shall pay only the undisputed portion.
Buyer and Seller shall endeavor to settle and adjust any disputed amount
timely.
|
8.
|
QUALITY
& WARRANTY:
|
|
8.1
|
Seller warrants that the
Goods supplied hereunder shall be of the quality set out in, conform to
and perform in accordance with the specifications
stipulated in Attachment-B or such
other specifications as agreed in writing by the
Parties.
|
|
8.2
|
Any
deviation from or modification to the specifications shall be subject to
the prior written approval of both
Parties.
|
|
8.3
|
Seller warrants that the
Goods supplied hereunder shall be free and clear of all claims and
encumbrances and shall be produced and delivered in compliance with the
terms and conditions of this Contract and any applicable
laws.
|
|
8.4
|
Seller
shall also provide the specific warranty and
certificates (if any), as stipulated in Attachment-B.
|
|
8.5
|
Seller shall maintain a
true, correct, and complete set of records pertaining to its performance
of this Contract and all transactions related thereto to ensure reliable
traceability for its Products supplied to Buyer. Seller further agrees to
retain all such records for a period of at least two years after
termination of the Contract. Buyer may audit any and
all such records at any reasonable time
during.
|
|
8.6
|
Seller shall develop and
maintain appropriate quality management systems and procedures to ensure
strict quality control and quality assurance throughout the whole
production process.
|
|
8.7
|
Both Parties shall
co-operate fully with each other in achieving the highest quality
standard, and to ensure continuous improvement of
quality.
|
9.
|
INSPECTION:
|
|
9.1
|
Seller shall conduct
pre-delivery inspection to ensure that the quality, specifications,
quantity, packaging and requirements for safety are in compliance with the
stipulations of the Contract and each
PO.
|
|
9.2
|
Buyer shall have the
right to conduct inspection of the Goods in Sellers facilities. Seller shall afford
Buyer’s representative every facility for such purposes, including access
to Seller’s facility at all reasonable times for
audits.
|
|
9.3
|
Buyer shall conduct a
preliminary inspection within seven (7)
working
days after the arrival of the Goods at the
destination.
|
10.
|
DEFECTS,
DAMAGE & DISCREPANCY:
|
|
10.1
|
Notice
of Defects:
|
|
a)
|
Goods
will be considered “defective” if it fails to conform to the specifications as
detailed in Attachment-B.
|
|
b)
|
In
cases of apparent
defects, Buyer shall use reasonable efforts to report in writing to
Seller within thirty
(30) days from the
arrival date.
|
|
c)
|
In
cases of hidden
(concealed) defects, Buyer shall use reasonable effort to report in
writing to Seller within ninety
(90) days from the arrival
date.
|
|
10.2
|
Remedy
of Defects:
|
|
a)
|
In
case any defects (either visible or concealed) to be found owing to
Seller’s fault, the Buyer shall have the right to reject the Goods, or to
require Seller to repair or replace the Goods at Seller's expense,
provided that claim is filed within the valid period as specified in this
Contract.
|
|
b)
|
If
Buyer opts to reject the defective Goods, Buyer shall return the Goods to
Seller, and Seller shall immediately reimburse Buyer for the cost of
return and the price paid by Buyer for the rejected
Goods.
|
|
10.3
|
Claims
for Damage/Loss:
|
|
10.4
|
Surplus/Shortage:
|
11.
|
LATE
DELIVERY:
|
|
11.1
|
Seller
shall ensure that Goods will be delivered timely in accordance with the
agreed shipping schedule.
|
|
11.2
|
If
Seller materially delays or becomes aware of the likelihood of a material
delay in delivery, Seller shall promptly notify Buyer in writing and
provide Buyer with full particulars of the
circumstances.
|
|
11.3
|
Buyer
shall, at its sole discretion, advise Seller whether to cancel the
relevant Purchase Order or extend the timing for
delivery.
|
12.
|
NOTICES
|
|
12.1
|
Any
notice and communication to a Party required or permitted by this Contract
shall be given in writing by mail, facsimile or
e-mail.
|
|
12.2
|
Mail
shall be addressed to a Party at its addresses set forth in the first page
of this Contract or as amended as provided herein and shall be deemed to
have been received 7 days after its
posting.
|
|
12.3
|
Facsimiles
or e-mail shall be deemed to have been received at the time of its
successful transmission.
|
|
12.4
|
Either
Party may at any time change its address for notice or communication by
giving a written notice to the other
Party.
|
|
12.5
|
Notices
associated with each Purchase Order shall be sent to the BP Associate at
the address to be specified by that BP Associate in the Purchase Order or
otherwise in writing.
|
13.
|
GOVERNING
LAW
|
14.
|
ARBITRATION
|
15.
|
ENTIRE
CONTRACT
|
|
15.1
|
The
above terms and conditions, together with the General Terms and
Conditions, and other documents attached hereto, constitute the
entire Contract between the
Parties.
|
|
15.2
|
All
previous understandings between the Parties either oral or written with
regard to the subject matter of this Contract are hereby cancelled and are
null and void.
|
|
15.3
|
In
the event of a conflict among the terms and conditions herein, the
Attachments hereto, and a Purchase Order, the documents shall take
precedence according to the descending order shown
below:
|
|
·
|
The
terms and conditions herein
|
|
·
|
The
Attachments hereto
|
|
·
|
The
Purchase Order
|
BP
Solar International Inc.
|
Renesola Singapore Pte.,
Ltd.
|
|
(Party
A)
|
(Party
B)
|
|
Signature:
/s/
|
Signature: /s/ Xianshou
Li
|
|
Name:
|
Name:
|
|
Title: VP
Global Operations
|
Title: CEO
|
|
Date:
January 9, 2009
|
Date:
January 19, 2009
|
|
Second
Level Approval
|
||
Signature: /s/
|
||
Name:
|
||
Date:
|
Date:
|
Article No.
|
Description
|
|||
1.
|
DEFINITIONS
|
12
|
||
2.
|
SCOPE
OF APPLICATION
|
12
|
||
3.
|
SAFETY
|
12
|
||
4.
|
ETHICAL
BEHAVIOR
|
13
|
||
5.
|
AMENDMENT
& TERMINATION
|
13
|
||
6.
|
ASSIGNMENT
|
14
|
||
7.
|
WAIVER
|
14
|
||
8.
|
SEVERABILITY
|
14
|
||
9.
|
FORCE
MAJEURE
|
14
|
||
10.
|
INDEMNITY
|
15
|
||
11.
|
INTELLECTUAL
PROPERTY
|
15
|
||
12.
|
CONFIDENTIALITY
|
15
|
||
13.
|
TITLE
& RISK
|
16
|
||
14.
|
TAXES
& DUTIES
|
16
|
||
15.
|
USE
OF COMPANY LOGO
|
16
|
||
16.
|
PURCHASING
PROCESS
|
17
|
||
17.
|
|
PACKING
& MARKING
|
17
|
1.
|
DEFINITIONS:
|
|
1.1
|
“Purchase Order” means
the purchase order (PO) either paper or electronic, with related
attachments, issued by Buyer pursuant to this
Contract.
|
|
1.2
|
“BP Associates” means the
companies listed in Attachment-C.
|
|
1.3
|
“ReneSola Associates”
means the companies listed in
Attachment-D.
|
2.
|
SCOPE
OF APPLICATION:
|
|
2.1
|
This
Contract shall apply to the PO issued by a Party (or any of its Associates) for purchase of
the Goods from Seller.
|
|
2.2
|
Where
such PO is issued by a Party (or by its Associates), the terms and
conditions of this Contract shall be automatically applicable to the
PO.
|
|
2.3
|
When
an Associate issues a PO, the reference in this Contract to “Buyer” shall
mean the Associate for purposes of such PO. The Associate shall have the
same rights and obligations of the Buyer with respect to any purchases
that the Associate makes by issuing a
PO.
|
|
2.4
|
The
Associate shall not have the ability to terminate this Contract; however,
it may terminate any of its PO, provided that the Buyer shall make up any
cancelled orders within the next monthly
period.
|
3.
|
SAFETY
|
|
3.1
|
For
the purposes of this Clause, “safety” shall mean all matters relating to
health, safety, security and environment; and all obligations of each Party shall include
its sub-contractors, suppliers and its and their employees, servants and
agents.
|
|
3.2
|
Seller shall provide to
Buyer in writing such information as is necessary relating to the storage,
use, maintenance, and disposal of the Goods, and relating to any risk to
health and safety to which the inherent properties thereof may give rise
and to any conditions necessary to ensure that the Goods will be safe and
without risk to health and safety when they are being installed, used,
cleaned, maintained, handled, processed, stored, transported, dismantled
or disposed of.
|
|
3.3
|
Each Party shall comply
with all applicable laws, regulations, policies, standards, directives and
codes pertaining to Health, Safety, and Environment
(HSE).
|
|
3.4
|
Both Parties shall
co-operate fully with each other in achieving the highest possible
standard of HSE.
|
4.
|
ETHICAL
BEHAVIOR
|
|
4.1
|
The
Seller is aware that the Buyer’s Business Policy prohibits the giving of
any bribe or facilitation payment, and the Seller undertakes to comply
with the Policy.
|
|
4.2
|
The
Seller shall not make or cause to be made any payment, gift of money or
anything of value, directly or indirectly to any person to influence a
decision in a manner that is inconsistent with the Policy of conducting
business fairly and ethically.
|
|
4.3
|
The
Seller undertakes to notify Buyer immediately if it has knowledge of, or
suspects, a breach of this Article.
|
|
4.4
|
Party B undertakes and
agrees to act consistently with the BP
Code of Conduct (which may be obtained from the BP Solar’s
Representative) in connection with performance of this
Contract.
|
5.
|
AMENDMENT
AND TERMINATION
|
|
5.1
|
This
Contract may be supplemented, amended, or modified only by the mutual
agreement of the Parties.
|
|
5.2
|
Either
Party shall have the right to suspend or terminate this Contract by notice
without any compensation to the other Party if the other Party breaches
any material and substantive obligation under this Contract and such
breach shall not have been remedied within 15
days after the non-breaching Party has given notice of the breach
to the breaching Party.
|
|
5.3
|
In
the event of the insolvency, dissolution , bankruptcy or cease of business
for whatsoever reason of a Party, the other Party may without liability to
the first Party arising there from immediately terminate this Contract and
all then outstanding Purchase Orders by
notice.
|
6.
|
ASSIGNMENT
|
|
6.1
|
Seller
may not sub-contract any part of this Contract or a Purchase Order without
the prior written consent of Buyer.
|
|
6.2
|
Seller
shall remain responsible for the performance of this Contract or a
Purchase Order by its sub-contractors notwithstanding the consent of Buyer
to the subcontracting.
|
|
6.3
|
Neither
Party shall assign this Contract or a Purchase Order in whole or in part
without the prior written consent of the other Party, except that each
Party may assign such to it
Associate.
|
7.
|
WAIVER
|
8.
|
SEVERABILITY
|
9.
|
FORCE
MAJEURE
|
|
9.1
|
“Force
Majeure” means any circumstances not foreseeable to and beyond the
reasonable control of a Party, including but not limited to imposition of
any new law, regulation or government policy, nationalization,
expropriation, confiscation, riot, war, public disturbance, strikes,
lockouts or any natural disaster such as fire, flood, earthquake and
storm.
|
|
9.2
|
Neither
Party shall be liable for non-performance of its obligations under the
Contract to the extent such non-performance is prevented by Force
Majeure.
|
|
9.3
|
The
affected Party shall notify the other Party as soon as reasonably
practicable after the occurrence of the Force Majeure event and shall use
all reasonable efforts to mitigate the effects of the Force Majeure on it.
The affected Party shall give prompt notice to the other Party when it is
able to resume performance of its
obligations.
|
|
9.4
|
If
a Party is unable to perform an obligation under this Contract due to an
event of Force Majeure for a period of six months or more, either Party
may immediately terminate this Contract by notice to the other Party prior
to the resumption of the performance of the obligation without any claims
against the other Party arising from such
termination.
|
10.
|
INDEMNITY
|
|
10.1
|
Seller
shall indemnify and hold Buyer harmless from and against all claims,
liabilities, damages, losses, costs and expenses (including legal fees)
pertaining to infringement or alleged infringement of any patent,
registered design, trade mark, service-mark, copyright or other
intellectual property rights which arise from the Goods supplied hereunder
or any use or resale by Buyer of such
Goods.
|
|
10.2
|
Each
party (“the indemnitor”) shall indemnify and hold the other Party (“the
indemnitee”) harmless from and against all liabilities for death, illness
or injury to any personnel or for loss or damage to any property and
against all claims and proceedings resulting there from to the extent that
such loss, damage, death, illness or injury is attributable to the willful
misconduct, negligence or breach of contract of the first mentioned Party,
its employees or agents.
|
11.
|
INTELLECTUAL
PROPERTY
|
|
11.1
|
The
intellectual property of the design, drawings, and other technical data
provided by Buyer shall belong to
Buyer.
|
|
11.2
|
If
Seller and Buyer do any joint development work with respect to the Goods,
Seller and Buyer shall jointly own any inventions, improvements or
discoveries which they jointly
developed.
|
|
11.3
|
Other
than to the extent necessary for Buyer and its resellers, and its and
their customers to use, sell and otherwise dispose of the Goods itself,
Buyer hereby acknowledges that nothing herein contained shall be construed
as granting or transferring any Seller’s Intellectual Property
Rights.
|
|
11.4
|
Except
as otherwise expressly set forth herein, nothing contained herein shall be
construed as granting or transferring any of Buyer’s Intellectual Property
Rights to Seller, and no transfer or grant of such Intellectual Property
Rights is to be implied.
|
12.
|
CONFIDENTIALITY
|
|
12.1
|
All
information obtained by a Party (the “Receiving Party”) from the other
Party (the “Disclosing Party”) in connection with this Contract or the
supply of Goods under this Contract shall be deemed to be confidential
information and shall not be used by the Receiving Party except in the
performance of this Contract and shall not be disclosed by it, its
employees or agents to any third party without the prior written consent
of the Disclosing Party.
|
|
12.2
|
The
obligations under this Clause shall continue
five (5)
years after the expiration or termination of this
Contract.
|
|
12.3
|
The
provisions of this Clause shall not prevent
any Party from disclosing the existence of the Contract or any relevant
matter relating thereto or arising in consequence hereof to any
Governmental or regulatory body in compliance with any legal obligation to
which that Party may from time to time be
subject.
|
|
12.4
|
Upon
the request of the Disclosing Party, all confidential information in the
possession of the Receiving Party, including all copies and software
containing it, shall be returned to the Disclosing Party or, as instructed
by the Disclosing Party, be
destroyed.
|
|
12.5
|
Notwithstanding
the provisions in this Clause, each Party may at any time disclose the
confidential information to it
Associates.
|
|
12.6
|
Neither
Party shall, without the prior written consent of the other Party, make
any public or general announcement regarding the Contract or any Purchase
Order whether orally or in writing.
|
13.
|
TITLE
AND RISK
|
14.
|
TAXES
AND DUTIES
|
15.
|
USE
OF TRADEMARK
|
16.
|
PURCHASING
PROCESS
|
|
16.1
|
Buyer
may provide regular Purchase Plan to Seller
based on the actual demand and in accordance with the Shipping Schedule of
this Contract. The Purchase Plan needs to be confirmed by
Seller.
|
|
16.2
|
Seller
shall prepare delivery based on the confirmed Purchase
Plan.
|
|
16.3
|
Seller
shall issue Notice of Delivery (in the format of Proforma Invoice) to
Buyer before the scheduled shipping
date.
|
|
16.4
|
After
receipt of Seller’s Proforma Invoice, Buyer shall issue Purchase Orders
(PO) to Seller.
|
|
16.5
|
Such
PO shall indicate the actual Quantity to be delivered, the Port Name of
Shipping Destination, and the actual required Shipping
Time.
|
17.
|
PACKING
AND MARKING:
|
|
17.1
|
Goods
have to be packed in such a manner to prevent damage to the product during
transportation.
|
|
17.2
|
It
is the Seller’s responsibility to ensure the adequacy of the packing
used.
|
|
17.3
|
All
individual boxes should be clearly labeled in English
with:
|
|
a)
|
Description
of the product;
|
|
b)
|
PO
number;
|
|
c)
|
Supplier
name;
|
|
d)
|
Quantity
in each box; and
|
|
e)
|
Other
data that may be required by Buyer.
|
1.
|
Materials Provided by
BP Solar:
|
Commodity
|
Unit Price (not
to exceed)
|
Estimated
Annual Forecast
|
Estimated
Shipping Schedule
|
|||
Polysilicon
|
US$[****]*/kg
|
728
tons / year
(for
2009)
|
· Q1: 206 MT
· Q2: 183 MT
· Q3: 226 MT
· Q4: 113
MT
|
2.
|
Wafers Supplied by
RENESOLA:
|
Wafer Types
|
Multiplier Ratio
|
Unit Price (US$/pc)
(not to exceed)
|
||
Mono125mmx125mm (180um)
|
1
kg: 70 pcs
|
[****]*
|
||
Multi156mmx156mm (180um)
|
1
kg: 53 pcs
|
[****]*
|
*
|
This portion has been omitted and
filed separately with the Securities and Exchange Commission pursuant to
Rule 24b-2 under the Securities Exchange Act of
1934.
|
Wafer Types
|
Multiplier Ratio
|
Unit Price (US$/pc)
(not to exceed)
|
||
Mono125mmx125mm (180um)
|
1
kg:52 pcs
|
[****]*
|
||
Mono125mmx125mm (200um)
|
1
kg:52 pcs
|
[****]*
|
||
Mono125mmx125mm (200um)
|
1
kg:85 pcs
|
[****]*
|
||
Multi156mmx156mm (180um)
|
1
kg:33 pcs
|
[****]*
|
||
Multi156mmx156mm (200um)
|
1
kg:33 pcs
|
[****]*
|
||
Multi156mmx156mm (200um)
|
1
kg:70 pcs
|
[****]*
|
3.
|
Solar Wafers Lead
Time:
|
|
a)
|
The
1st delivery
shall be made within 2 weeks from
the date after receipt of silicon materials provided by BP
Solar.
|
4.
|
Shipping
Term:
|
*
|
This portion has been omitted and
filed separately with the Securities and Exchange Commission pursuant to
Rule 24b-2 under the Securities Exchange Act of
1934.
|
|
1.
|
Silicon
Material Specifications:
|
2.
|
Wafer
Specifications:
|
|
a)
|
Mono125
Wafers Specifications:
|
Product
|
Monocrystalline
Silicon Wafer
|
Conductivity
Type
|
P-type
|
Dopant
Species
|
Boron
|
Base
Area
|
125.0mm
X 125.0mm ±0.5mm
|
Diameter
|
150.0mm
±0.5 mm
|
Thickness
|
180μm±20μm;
200μm±20μm;
|
TTV
|
≤40μm
|
Crystallinity
|
Crucible-Pulled(CZ)
single with no dislocation
|
Resistivity
|
0.5-3Ω·cm
|
Orientation
|
(100)±1
degree
|
Carbon
concentration
|
≤
5x1017at/cm3
|
Oxygen
concentration
|
≤
1x1018at/cm3
|
Life
time
|
>8μs
|
Edge
defect/ Chips
|
Not
allowed
|
Saw
marks
|
Depth<15
μm (No visible saw mark with naked eyes)
|
Crack
and Pin holes
|
No
cracks and Pin holes should be visible with naked eyes.
|
Wafer
surface
|
As
cut and cleaned. No stains visible with the naked eye
|
Taper
|
≤30
μm
|
Bow
|
≤50μm
|
Product
|
Multicrystalline
Silicon Wafer
|
Conductivity
Type
|
P-type
|
Base
Area
|
156.0mm
X 156.0mm ±0.5mm
|
Diameter
|
219.2mm
±0.5 mm
|
Thickness
|
180μm±20μm;
200μm±20μm;
|
TTV
|
≤30μm
|
Resistivity
|
0.8-3Ω·cm
|
Dopant
Species
|
Boron
|
Carbon
concentration
|
≤
9*1017at/cm3
|
Oxygen
concentration
|
≤
8*1017at/cm3
|
Life
time
|
≥2μs
|
Wafer
surface
|
As-cut
and cleaned. No grease stains and pin holes
|
Warping
|
≤75μm(Thickness:
180μm±20μm)
|
≤50μm(Thickness:
200μm±20μm)
|
|
Corner
Angle
|
90
±0.5 degree
|
Edge
Chips
|
Length≤1.0mm,Depth<0.5mm
|
Edge
Cracks
|
Not
allowed
|
Saw
marks
|
Depth≤20
μm
|
Pin
holes
|
No
visible Pin holes with naked
eyes.
|
Country
|
Name
|
Address
|
||
Australia:
|
BP
Solar Pty Limited
|
2
Australia Avenue
Sydney
Olympic Park NSW 2127
Australia
|
||
USA:
|
BP
Solar International, Inc.
|
630
Solarex Court
Frederick,
MD 21703
USA
|
||
India
|
Tata
BP Solar India Limited
|
78
Electronic City, Hosur Road,
Bangalore
– 560 100
India
|
||
Spain
|
BP
Solar España, S.A.U.
|
Polígono
Industrial Tres Cantos, Zona Oeste s/n
28760
Tres Cantos (Madrid)
Spain
|
||
China
|
BP
Sun Oasis (Prime) Co.,Ltd.
|
Plant
5, The Export & Processing Zone,
Fengcheng
12Rd.,
Xi’an
710016 China
|
||
Hong
Kong
|
Solarex
Electric Ltd.
|
Flat
1138, Block D
Wah
Lok Ind. Centre,
31
Shan Mei Street, Fotan, Shatin
Hong
Kong
|
Country
|
Name
|
Address
|
||
China
|
Zhejiang
Yuhui Solar Energy Source Co., Ltd
|
No.8
Baoqun Road, Yaozhuang Industrial Park, Jiashan County, Zhejiang Province,
314117,
PRC
|
By:
|
/s/ Xianshou Li
|
Name:
|
Xianshou
Li
|
Title:
|
Chief
Executive Officer
|
By:
|
/s/ Charles Xiaoshu Bai
|
Name:
|
Charles
Xiaoshu Bai
|
Title:
|
Chief
Financial Officer
|