Contract for Commissioned Manufacturing of Collimators and Tungalloy Parts
EX-10.9 9 v110489_ex10-9.htm
Contract for Commissioned Manufacturing of Collimators and Tungalloy Parts
No. of Contract:
| Party A | Shenzhen Hyper Technology Incorporation | ||
| Add.: | No. 507 Block B, Yingdali Digital Park, | Postcode | 518038 |
| Hongmian Road | |||
| Futian Free Trade Zone, Shenzhen | |||
| Tel: | Fax: | 0755-25331366 | |
| Party B | Xian Fengrui New Materials Co., Ltd. | ||
| Add.: | Tanlong Building, No. 66 Huzhu Road, Xian City | Postcode | 710048 |
| Tel: | 29-83285725 | Fax: | 029-83285499 |
After friendly negotiation, Party A and Party B agreed to execute this Contract, under with Party A will commission Party B to manufacture the collimators and tungalloy parts used in SGS-I according to the drawings provided by Party A.
1. Contract object and amount:
Party B would manufacture the following products according to the drawings provided by Party A:
| No. | Name | Drawing | Quantity/set | Total(15sets) |
| 1 | No. 15 collimator | SGS.5.3 | 18 | 270 |
| 2 | No. 25 collimator | SGS.5.4 | 18 | 270 |
| 3 | Shielding stopper | SGS.5.5 | 18 | 270 |
| 4 | No. 40 collimator | SGS.5.7 | 18 | 270 |
| 5 | No. 55 collimator | SGS.5.8 | 18 | 270 |
| 6 | Shielding bar | SGS.1.2.1-2 | 18 | 270 |
| 7 | Tungsten shielding | SGS.l.1.1-2 | 2 | 30 |
| 8 | Tungsten counter-weight | SGS.1.1.3-3 | 1 | 15 |
| 9 | Locating sleeve | SGS.1.2.1-5A | 1 | 15 |
| 10 | Collimator carrier tungalloy insert block | SGS.1.2.1-6 | 2 | 30 |
| 11 | Pre-collimator | SGS.1.3.1-1 | 18 | 270 |
| 12 | Tungsten cover | SGS.1.3.1-3 | 18 | 270 |
| 13 | Tungsten end closure | SGS.1.3.1-4 | 18 | 270 |
The currency amount for a single set is RMB 185,000. The contract total amount is RMB2,775,000, including the transportation cost and tax.
1
2. Date and place of delivery
1) Party A shall notify Party B the manufacturing plan for the necessary products one month in advance, and would pay in advance 80% of the total amount as planned. Party B shall provide qualified products to Party A within one month.
2) After both parties take a joint acceptance the check of the products at the location of Party B according to the drawings and technical requirements provided by Party A, it is Party B's responsibilities of to transport the products to the place designated by Party A. The transportation cost shall be paid by Party A.
3. Payment
The remaining payment shall be paid within one week after the products have been qualified at acceptance inspection and picked up., Party B shall issue a formal value-added tax invoice with Party A as beneficiary within one week after it receives the payment.
4. Technical materials
Party B shall keep confidential the drawings and technical documents provided by Party A, and shall not be allowed to disclose the same to any third party by any way. in addition, after competition of manufacturing all the products, Party B shall return all the drawings and technical documents to Party A.
5. Quality requirements and inspection acceptance of products
1) Party B must prepare the materials required in the drawings for the manufacturing the products, and make sure that the product can meet the quality requirements in the drawings, and provide relevant product quality certificate after products are qualified at check. At the time of delivery, both parties shall take a joint acceptance inspection according to the drawings and technical requirements provided by Party A.
2
2) Party B offers a warranty period of 12 months for the products manufactured. The warranty period starts from the date the products are qualified at the acceptance inspection by Party A. If there are any quality problems occurs with regarding to the processing or defect of the materials within the warranty period, Party B shall repair or change on time, the cost shall be undertaken by Party B.
6. Package and transportation
1) Party B shall be responsible for the proper packing of the products as well as the cost of packing. The packing should be well enough so that the products wouldn't be damaged during the transportation, and Party B shall be charged for any loss due to improper packing during transportation.
2) Party B shall be responsible for the transportation. Party B shall transport the products safely to the designated place, and the transportation cost shall be borne by Party B.
7. Liability for breach of contract
1) If Party B delays in delivery, for each 10 days' delay, Party B should pay 2% of total delayed amount as penalty. For delay up to 2 month, Party A has the right to terminate the contract, and request Party B to return all the paid payment and pay penalty. Any delay due to manufacturing quality shall be deemed as delay for delivery by Party B.
2) If Party A delays in payment, for the delayed amount, Party A should pay Party B fines according to the related regulations of the People's Bank of China.
3) I the delay is because of the design problems of Party A, it shall be the of Party A's responsibility and the date of delivery can be delayed accordingly.
3
8. Arbitration
Any disputes arising from the implementation of the contract shall be resolved through friendly negotiation between the parties. If negotiation fails to resolve the disputes, either party is entitled to file a suit to the People's Court of the place where the contract has been executed..
9. Appendix of contract
There is one appendix of the contract, which is a very important part of the contract and holds the same legal force as the contract itself.
Appendix 1: Product design drawings.
10. Contract wording
This contract has four (4) original copies, which shall be effective after being sealed by both Parties and being executed by the legal representatives or authorized agents of both Parities. Each Party shall keep two (2) copies of this contract.
| Party A: Shenzhen Hyper Technology Incorporation Representative: /s/ HUANG JIAN Date: August 15, 2005 | Party B: Xian Fengrui New Materials Co., Ltd. Representative: /s/ HE JIANPING Date: August 15, 2005 |
4
