Purchase Order Between BPC Energy Systems and Capstone Turbine Corp. Dated December 27, 2007
BPC Energy Systems placed a purchase order with Capstone Turbine Corp. for various equipment and components, totaling $3,968,362.50. Payment is required before delivery, via wire transfer, and shipment will occur once production is complete. Delivery terms are FOB Capstone's factory in Chatsworth, CA, and the goods are to be shipped to Russia for BPC. The invoice must specify the goods are in transit to Russia and not for EU use. This order is subject to the terms of a separate Business Partner Agreement between the parties.
Exhibit 10.1
BPC Energy Systems
50A8 Zemlianoy Val building 2 office 1703
109028 Moscow, Russia
PURCHASE ORDER
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| Date: 27/12/2007 |
| Order no. BPC-001-08 |
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| To: | Capstone Turbine Corp. |
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| 21211 Nordhoff Street |
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| Chatsworth, CA 91311 |
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| Attn: | Yvonne Stainthorpe Fax: (818) 734-1085 Phone: (818) 407-3778 |
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Item |
| Description / Catalog Number |
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| Qty |
| Unit Price |
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1 |
| 200R-FD4-BU00 |
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| [***] |
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2 |
| 523758-100 |
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| [***] |
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3 |
| 509949-201 |
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| [***] |
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4 |
| APS-130-000X |
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| [***] |
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| Total Hardware |
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| Discount [***] (except p-4) |
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| Shipping: |
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35 |
| Shipping EXW Chatsworth |
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36 |
| Fuel Surcharge |
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37 |
| Security Surcharge |
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38 |
| Inland Transportation |
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39 |
| Truck Load |
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40 |
| Cartage |
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41 |
| B/L fee |
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| Total Shipping |
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| $ | 0.00 | ||||
42 |
| Insurance |
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| GRAND TOTAL* |
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| $ | 3,968,362.50 | ||||
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| Note 1: Unit and Total price are in $USD |
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* Portions of this Exhibit were omitted, as indicated by [***], and have been filed separately with the Secretary of the Securities and Exchange Commission pursuant to the Companys application requesting confidential treatment under Rule 24b-2 of the Exchange Act.
Payment Terms: |
| Payment received before delivery for Capstone, paid by wire according to instructions below: |
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| Bank: Mellon Bank |
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| ABA #: [***] |
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| Account Name: Merrill, Lynch, Piece, Fenner & Smith |
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| Account #: [***] |
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| For further credit to: |
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| Account Name: Capstone Turbine Corporation |
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| Account #: [***] |
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| Swift Code: [***] |
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| Distributor will notify Capstone when wire transfer is made via e-mail to: |
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| ***@*** and ***@*** and by fax; the actual bank wire receipt to Robin Deyo at ###-###-#### |
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Delivery: |
| FOB Capstone Factory, Chatsworth, CA |
Shipment Dates: |
| As soon as production of the equipment completed. |
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| Payment to be made prior to shipment. |
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Other: |
| Refer to Business Partner Agreement between Capstone Turbine Corporation and Banking Production Center (BPC) |
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| Ship to: |
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| [***] |
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| Invoice must be for the owner of the goods, not delivery address |
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| Invoice must contain the following statement: |
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| TRANSIT GOODS TO RUSSIA, 109028, Moscow, Bid. 2. 50A/8, Zemlyanoy Val St. Banking Production Center LTD |
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| It should be clearly stated that the shipment is not for use in EU |
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Any questions, please contact: |
| Alexander Skorokhodov, Executive director, BPC |
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| 50/2 Zemlianoy Val St, Office 1310 |
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| 109028 Moscow, Russia |
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| Direct: +7 495 787 91 99 ext. [***] |
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| Fax: +7 495 780 31 67 |
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| [***] |
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BPC Customer: |
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Skorokhodov Alexander |
| 27/12/2007 |
Submitted by |
| Date |
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Executive director |
| BPC Energy Systems |
Title |
| Company |
* Portions of this Exhibit were omitted, as indicated by [***], and have been filed separately with the Secretary of the Securities and Exchange Commission pursuant to the Companys application requesting confidential treatment under Rule 24b-2 of the Exchange Act.