You are on page 1of 7

PURCHASE ORDER

NO.MCAPPL22Q3001
EXECUTION DATE: July 12 , 2022

This Purchase Order is hereby entered into by and between Seller and Buyer, as of the Execution Date. For clarity, all terms and conditions of the Exhibit A General
Terms and Conditions shall apply to this Purchase Order as if fully set forth herein. Seller and Buyer are hereinafter sometimes referred to each as a “Party” and
collectively as the “Parties”. The Parties hereby agree to the following terms with respect to this Purchase Order:

I. DEFINITIONS

# TERM DEFINITION
a Seller Jinko Solar Co., Ltd.
b Seller's Address NO.1 YINGBIN ROAD,SHANGRAO ECONOMIC AND TECHNICAL DEVELOPMENT ZONE,JIANGXI PROVINCE,CHINA

Seller's Contact Contact Person:HOANG NGUYEN DIEU HOA


c Information Tel:
E-mail:linh.hale@jinkosolar.com
d Buyer TONA INVESTMENT CORPORATION

e Buyer's Address G-703, Floor 7, The Manor Officetel Complex, 91 Nguyen Huu Canh, Ward 22, Binh Thanh District ,Ho Chi Minh ,Ho Chi Minh
,Vietnam VAT NO . 0309178479
Buyer’s Contact Contact Person:TONA INVESTMENT CORPORATION
f Information Tel:(+84) 2 866 768 426
E-mail:info@tss-solar.com
Buyer shall pay 10.00% of total Purchase Price as down payment by T/T within 3 days after the Execution Date of this
Purchase Order. Buyer shall pay 90.00% of total Purchase Price of the Goods by a Qualified L/C no later than 90 days after the
g Payment Term bill of lading date of the related Goods. Buyer shall cause its bank to issue the Qualified L/C and guarantee the Seller receives
the same no later than 20 business days prior to the Guaranteed Delivery Date of the Goods, or, the Guaranteed Delivery Date
of the first shipment of the Goods if the Goods are to be delivered in several shipments.
Trade Term (per
h Incoterms® 2020 CIF Cat Lai port, HCMC
edition)

i General Terms Attached as Exhibit A


and Conditions
Jinko Limited Warranty (Rev. EN20211129) that’s available on Jinko official website:
Warranty for
j Modules https://www.jinkosolar.com/en/site/dwproductzb, provided that “Jinko” defined in such warranty is hereby amended to mean the Seller
herein.Seller hereby confirms that the Modules hereunder are covered by AR .
k Loading Port China main port

II. GOODS

Quantity UNIT PRICE PURCHASE GUARANTEED DELIVERY


ITEM GOODS DESCRIPTION

PIECES W (USD/W) PRICE(USD) DATE


SOLAR MODULES
1 2821.000 1,551,550.00 0.2695 418,142.7250 2022 .8 .5
JKM550M-72HL4-V
Subtotal 2,821 1,551,550.00 418,142.7250

TOTAL

TOTAL PURCHASE PRICE(USD) 418,142.72


III. GOVERNING LAW AND DISPUTE RESOLUTION

# TERM CONTENT
Governing

a This Purchase Order shall be governed by and construed in accordance with the laws of China.

Any dispute, controversy, difference or claim arising out of or relating to this Purchase Order, including the existence, validity,
Dispute interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising

out of or relating b Resolution to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC)
under the UNCITRAL Arbitration Rules in force when the notice of arbitration is submitted, as modified by the HKIAC Procedures for the
Administration of International Arbitration. The place of arbitration shall be Hong Kong.

IV. SPECIAL TERMS

(a)Insert the following language at the end of Section 6 of Exhibit A: “6.3 With regard to processing or manufacturing of the supplied Modules, the Seller shall be
deemed to be manufacturer without committing him in any way. The processed or manufactured Modules shall be regarded too as reserved property within the
meaning of the above said conditions. If the Buyer manufactures, combines or mixes the supplied Modules with other modules, the Seller shall obtain co-
ownership in the new modules in proportion to the invoiced price of the supplied Modules to the invoiced price of the modules of the other sellers. If, by such
converting of Modules, the Seller’s ownership expires, the Buyer herewith transfers to the Seller any rights which the Buyer will have in the new stock or
modules in proportion of the invoiced price of the supplied Modules, and the Buyer will keep them in safe custody free of charge for the Seller. The Seller’s co-
ownership rights shall be regarded as reserved property within the meaning of the above-said conditions. The Buyer may resell the reserved property only within
the normal course of his business and only as long as he is not in default of payment. The Buyer shall not be entitled to dispose of the reserved property in any
other way. The Buyer hereby assigns to the Seller any claims resulting from the resale of the reserved property. Such claims shall serve as the Seller’s security to
the same extent as the reserved property itself. In the case of resale of Modules in which the Seller has co-ownership rights, the assignment shall be limited to the
part which corresponds to the Seller’s co-ownership rights. As long as the Seller does not withdraw this right, the Buyer shall be entitled to collect any receivables
resulting from the resale of the reserved property. The Seller is entitled to withdraw this right if the Buyer defaults in payment with a significant amount, fails to
honour a bill of exchange or files for insolvency proceedings. In this case, the Seller shall be entitled to prohibit the Buyer from reselling, converting the
purchased Modules and to take them back. If the Seller takes back the reserved property, this shall not be regarded as withdrawal from this Purchase Order.”

[SIGNATURES ON FOLLOWING PAGE]


IN WITNESS WHEREOF, the Parties have caused this Purchase Order together with all its Exhibits to be executed by their duly authorized representatives as of the
Execution Date.

SELLER BUYER

Company Name:Jinko Solar Co., Ltd. Company Name:TONA INVESTMENT CORPORATION

Name:Wang Zhihua Name:


Title:Finance VP Title:

You might also like