contract-no. HOKU-SW 06A Seller Swiss Wafers AG Fichten Str. 2, 8570-Weinfelden, Switzerland ###-###-#### ###-###-#### Buyer Hoku Scientific,Inc. 1075 Opakapaka St., Kapolei, HI ###-###-#### USA ###-###-#### ###-###-####
[*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
Exhibit 10.35
contract-no. HOKU-SW 06A
Seller
Swiss Wafers AG
Fichten Str. 2, 8570-Weinfelden, Switzerland
###-###-#### ###-###-####
Buyer
Hoku Scientific, Inc.
1075 Opakapaka St., Kapolei, HI ###-###-#### USA
###-###-#### ###-###-####
The Seller will supply the Buyer with solar silicon cells, manufactured by E-Ton-Solar Ltd. in Tainan, Taiwan and Sunways AG, Konstanz, Germany in accordance with terms & conditions as shown below.
Goods
[*] mono solar cells 125 D165 manufactured by E-Ton-Solar Ltd. in Tainan Taiwan as shown in the annex-A and annex-B.
Price & Payment Terms
Price USD [*] EXW E-Ton-Solar in Tainan,Taiwan.
Payment 100% T/T in advance within 5 working days after the Buyer completes inspection of the Goods to its satisfaction in Tainan,Taiwan. If Buyer does not make this payment by October 24. 2006, then this agreement is void at the option of the Seller.
Quality & Delivery Terms
The above cells must meet all requirements of the spec sheet as shown in the annex-B. Any defect cells must be immediately replaced. The Seller bears all the additional costs arising out of this replacement. The detailed power distribution and the packing list to be submitted to Buyer shortly before the dispatch of cells.
Shipment: Seller will release Goods to Byers freight forward agent within 2(two) working days after receipt of payment.
Packing : standard export packing suitable for long distance transportation.
Shipping documents : commercial invoice, power distribution sheet and a packing list.
This contract is drawn in English and signed in two copies.
Any amendments of this contract must be approved and signed by both parties.
Annex A and Annex B is the subject of this agreement.
Legal Jurisdiction
Weinfelden, Switzerland is the legal jurisdiction.
Seller | Buyer | |||
date: 13.10.06, Weinfelden | date: October 14, 2006 | |||
/s/ Peter Moses | /s/ Dustin Shindo | |||
Peter Moses | Hoku Scientific, Inc. | |||
Chief Financial Officer | 1075 Opakapaka St. Kapolei | |||
Swiss Wafers AG | HI ###-###-#### USA | |||
Tel. 808 ###-###-#### | ||||
Enclosures: - Annex A - Annex B |
[*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
Annex-A
Contract-no. HOKU 06A
Proforma invoice HOKU 06A
OCT, 6, 2006
Buyer
c/o Mr Scott Paul
VP Business Development & General Counsel
Hoku Scientific, Inc.
1075 Opakapaka St., Kapolei, HI ###-###-#### USA
Tel: 808 ###-###-#### Fax: 808 ###-###-####
mono silicon cells | qty, | av.power, W/pc | av.output in total, W | price, | amount, | |||||
125x125 (165) ETS | [*] | 2.48 | [*] | [*] | [*] | |||||
125x125 (165) ETS | [*] | 2.48 | [*] | [*] | [*] | |||||
125x125 (165) ETS | [*] | 2.48 | [*] | [*] | [*] | |||||
125x125 (165) ETS | [*] | 2.48 | [*] | [*] | [*] | |||||
125x125 (165) ETS | [*] | 2.48 | [*] | [*] | [*] | |||||
125x125 (165) ETS | [*] | 2.48 | [*] | [*] | [*] | |||||
In total | [*] | 2.48 | [*] | [*] | 2784584 |
Terms&Conditions
Payment 100% T/T in advance
Shipment within 5 working days after receipt of payment
Delivery terms
EXW E-Ton-Solar, Tainan 709, Taiwan
EXW Sunways, Konstanz, Germany
Remittance details
Banca Popolare Di Sondrio (SUISSE),
via Magio, 1 6900-Lugano, Switzerland
SWIFT code: [*]
Account [*]
IBAN: [*]
[*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
Annex B
| Contract-no. HOKU 06A
E-TON SOLAR / TECHNICAL SPECIFICATION | |
1. | Applications |
This specification is applied to E-TON 5 Mono-crystalline Solar Cell.
2. | Testing Condition |
Irradiance | 1000W/m2 calibrated by E-Tons standard cell | |
Light Source | Xenon short arc lamp with AM 1.5 Filter | |
Testing Temperature | 25±3°C |
3. | Product Features |
Substrate | P-type single-crystalline silicon wafer | |
Structure | n+/ p / p+ | |
Appearance | Front-side Dark Silicon Nitride antireflection layer Back-side Aluminum layer with BSF | |
Dimensions | Size 125mmx125mm ±1.0 mm (pseudo-square) Diagonal 165mm ±1.0 mm (round chamfers) Area 155 cm2 Thickness 350± 30µm/310± 30µm/270±30µm | |
Weight | Less than 15g | |
Coefficient | The coefficient of current (Alpha) is 0.07±0.015%/°C The coefficient of voltage (Beta) is -0.313±0.015%/°C The coefficient of power (Gamma) is - -0.41±0.05%/°C |
[*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
4. | Packing |
The goods are packed into the container with suitable quality, which protects them from damage during the transportation.
4.1 | Every 50 cells are sealed by Shrinkable Film |
4.2 | Every 6 Shrinkable Film packages are put in one Polystyrene Box |
4.3 | Every 4 Polystyrene Boxes are packed in one Carton Box |
[*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
5. | Notes |
5.1 | Handling |
Avoid handlings happened as follows because they may cause electrical or soldering performance degradation.
a. | Handling with hands without plastic gloves |
b. | Avoiding careless and violent handling since this causes damage or cracks |
c. | Contacting with corrosive chemicals or gases |
d. | Scrubbing the surface |
5.2 | Storage |
Keeping away from corrosive chemicals or gases and keeping in the storage room with temperature at around 20°C
Do not expose cells to the air. It is recommended to use the cells ASAP after unpacking,
5.3 | Humidity resistance |
This product is not humidity-resistant so it needs to be covered with glass, waterproof films and resin to maintain the long- term reliability.
6. | Others |
Any doubt in this document or any testing dispute shall be determined by both parties in good faith upon mutual consultation. If there is no consultation, E-Ton will settle this argument. This document belongs to E-Ton so no other party can share this specification with third party without the written agreement of E-Ton.
Seller | Buyer | |||
/s/ Valery Gavrilov | /s/ Scott Paul | |||
Valery Gavrilov | Scott Paul | |||
Director Sales & Purchase | VP Business Develop. & General Counsel |