Exhibit 10.41
SALES CONTRACT OF LIMESTONE
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This contract is made and entered into by and between Shandong Haize
Nanomaterials Co., Ltd (hereinafter referred to as Party A) and ▇▇▇▇▇ ▇▇▇▇▇
Block Plant, Niuquan Township, Laicheng District, Laiwu City (hereinafter
referred to as Party B) after friendly negotiation based on the principle of
equality and mutual benefit on March 27, 2005. The specific terms and conditions
are stipulated as follow:
I. The Quality Standards of the Supplied Limestone
1. The quality of the limestone supplied by Party B to Party A shall be
determined by the laboratory test conducted by Party A (should
disputes arising from the tests, governmental technical sections or
agencies shall be consulted).
CaCO3>98%; SiO2<1.5%;
MgO <0.7%; Fe2O3+Al2O3 <0.4%, Mn <0.0045%, Compressive
Strength >117.68 Mpa.
2. After comprehensive sampling, the sample shall be calcinated in the
lab, then gone through the process of slaking and sieved through a
250-um standard sieve, then the tested whiteness should be: =92
degrees.
3. The particle diameter of the limestone shall be ranging from 80mm to
200mm (free from any foreign matters such as stone crust, sand and
earth etc.).
II. Period of Validity of the Contract: commencing from March 27, 2005 and
ending on March 27, 2006.
III. Time, Quantity and Method of Supply
1. Party B shall, in accordance with the requirements of supplying the
goods, supply 1,000 tons of acceptable dressed stones every month.
The specific time shall be decided by the needs of Party A, and they
shall be supplied at any time when Party A needs them.
2. Party B shall be responsible for all the work of mining and
processing, and it shall be fully responsible for the costs and
other relevant expenses.
3. Party A shall check and accept the goods in the materials factory of
Party A, and the quantity shall be based on the weighing result of
Party A. If the goods fails to meet the standards of particle
diameter or the test result of the samples fails to meet the quality
standards, Party A has the right to reject the goods and Party B
shall be informed within 24 hours, and Party B shall dispose of the
dressed stones on its own.
4. The vehicles of Party B loaded with the goods have to be unloaded as
required by Party A when the unloading is being done within the
premises of Party A, and Party B shall consciously abide by all the
rules and regulations of Party A. Otherwise, if damages or losses
arises from any misbehavior, Party B shall assume full
responsibilities.
IV. The Price and Mode of Payment
1. Party B shall deliver the limestone to the materials factory of
Party A in accordance with the requirements of Party A. The goods
shall be accepted by Party A when they are unloaded to the ground.
The price is: RMB 46 (forty-six) yuan per ton (taxes included);
2.
3. Party B shall be paid for the delivered limestone on a monthly
basis, and Party B shall provide a full-amount-based value-added tax
invoice; Otherwise, the payment shall not be paid.
V. Party B shall supply the goods on time and in full quantity in
accordance with the required standards and quantity of Party A;
otherwise, Party A has the right to reject the goods and refuse to pay
the payment for goods; if normal production and operation of Party A
shall be affected, Party B shall assume all the economic losses
resulting from its fault.
VI. Party A shall accept the goods and pay the payment for goods on time
pursuant to the stipulations set forth in this contract. As to the
acceptable dressed stones supplied by Party B, Party A shall provide a
goods yard and accept the goods, and shall not refuse to accept the goods
or delay the payment for goods without good reason; otherwise, Party A
shall pay Party B interests for the overdue payment amounting to the same
amount as a bank is supposed to pay.
VII. Other Clause: Starting from March 27, 2005, Party B shall supply at least
thirty (30) tons per day.
VIII. Breach Liability
1. After this contract becomes effective, any party shall not terminate
it without consulting the other party. Otherwise, the party in
breach shall pay the other party penalty in the amount of RMB 10,000
yuan, and shall compensate the other party for the actual economic
losses resulting from the breach of the contract.
2. If Party B shall be prevented from performing this contract due to
factors beyond its own control such as the exhaustion of the
limestone resources, Party B shall inform Party A in written form
one month in advance for Party A's confirmation; otherwise, it shall
constitute a breach of the contract.
IX. This Contract shall become effective upon the signatures and seals of the
two parties.
X. Anything not covered in this contract will be friendly discussed by both
parties. In case no settlement to disputes can be reached through friendly
negotiation, the disputes shall be submitted to the People's Court of the
place where this contract is signed.
XI. This Contract is in quadruplicate, and each party shall hold two copies.
PARTY A: PARTY B:
Shandong Haize Nanomaterials Co., ▇▇▇▇▇ ▇▇▇▇▇ Block Plant, Niuquan
Ltd Township, Laicheng District, Laiwu City
/s/ Lu Zhilei /s/ ▇▇▇▇▇ ▇▇▇▇▇
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AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE
Signed at: Shandong Haize Nanomaterials Co., Ltd
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Date: March 27, 2005
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Shandong Haize Nanomaterials Co., Ltd
Public (Negotiated) Bidding Invitation on Limestone Purchase
▇▇▇▇▇ ▇▇▇▇▇ Block Plant, Niuquan Township, Laicheng District, Laiwu City:
In the spirit of openness, impartiality and fairness, this Company is going to
invite public bidding on the "Purchase of Limestone". Hereby, your company is
invited to submit a tender.
1. Company: Shandong Haize Nanomaterials Co., Ltd (former Shandong Shengda
Nanomaterials Co., Ltd)
2. Mode of Bidding: Selected Bidding
3. Bidding Content: Limestone
4. Quality Standards: See the attachment.
5. For more on the bidding, please contact:
Company Name: Shandong Haize Nanomaterials Co., Ltd
Contact Person: Lu Zhilei
Tel: ▇▇▇▇-▇▇▇▇▇▇▇
Fax: ▇▇▇▇-▇▇▇▇▇▇▇
Address: Youth Development Zone, Daiyue District, Tai'an City
Post Code: 271000
Shandong Haize Nanomaterials Co., Ltd
(Seal)
March 23, 2005
Notification for the Successful Bidder
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▇▇▇▇▇ ▇▇▇▇▇ Block Plant, Niuquan Township, Laicheng District, Laiwu City:
Your company entered the public bidding of limestone organized by this Company
on March 26, 2005. After the Board of Review of the Bidding of this Company has
made comprehensive assessment of the quoted price of all bidders and taken other
matters into consideration, it has been decided that your company has become the
successful bidder with a quoted price of ▇▇▇ ▇▇ yuan per ton (transportation
expenses included) provided the goods shall meet the quality standards.
This is a confirmation. It is hoped that your company shall come to the
Conference Room (Second Floor) in Shandong Haize Nanomaterials Co., Ltd to sign
the business contract within two days after receiving this notification.
Thanks for your cooperation!
Shandong Haize Nanomaterials Co., Ltd
(Seal)
March 26, 2005
Letter of Bidding Intention
To: Shandong Haize Nanomaterials Co., Ltd
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This Company has received the invitation for bidding the purchase of limestone
of your company, and it is decided that this Company shall participate in the
public bidding.
Bidding Product: Laiwu Niuquan Township Limestone
Price: RMB 46.00 yuan per ton (transportation expenses included), and the
validity of this quoted price is a full year.
Mode of Payment: In principle, the mode of payment shall be cash on delivery;
it can also be paid on a rolling basis for each month. But the
longest term for delaying payment shall not be more than 35
days.
▇▇▇▇▇ ▇▇▇▇▇ Block Plant, Niuquan Township, Laicheng District, Laiwu City
March 25, 2005
Quality Standards for Limestone
CaCO3>98%;
SiO2<1.5%;
MgO <0.7%;
Fe2O3+Al2O3 <0.4%,
Mn <0.0045%,
Compressive Strength >117.68 Mpa
Whiteness: = 92 degrees
Diameter Range: 80mm~200mm
