{"id":42159,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/commodities-and-services-sales-contract-utstarcom-china-ltd.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"commodities-and-services-sales-contract-utstarcom-china-ltd","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/operations\/commodities-and-services-sales-contract-utstarcom-china-ltd.html","title":{"rendered":"Commodities and Services Sales Contract &#8211; UTStarcom (China) Ltd. and Baoding Telecom Bureau"},"content":{"rendered":"<pre>                                    CONTRACT\n\n\n\nCONTRACT NO.:                       UTA-BJ-9902006\n\nPRE-DATE:                           1999-02-12\n\nCONCLUDED IN:                       Baoding City, Hebei Province\n\n\n\n\nTHE BUYER:                                           THE SELLER:\n\n\nBaoding Telecom Burea, Hebei                         UT STARCOM (CHINA) LTD.\nBaoding City, Hebei Province\n\nTel:  (0312) 3061816                                 Tel:  (010)-65542030\nFax: (0315) 3060000                                  Fax: (010)-65512058\n\n\n\n\nTAX Register No.:                   110108734116590\n\nBank Where Account                  [*]\nOpened &amp; A\/C Number:\n\n\n\n         This contract is made between the BUYER and the SELLER, whereby the\nBUYER agrees to buy and the SELLER agrees to sell the under-mentioned\ncommodities and services according to the terms and conditions as stipulated\nhereafter:\n\n         1.       TOTAL CONTRACT PRICE: [*]\n\n         2.       COMMODITIES, SERVICES, SPECIFICATIONS, QUANTITY AND PRICES:\n\n         3.       COUNTRY OF ORIGIN AND MANUFACTURER'S NAME:\n\n                  UT Starcom (China), Inc.\n\n         4.       DATE OF SHIPMENT:\n\n                  4\/10\/1999\n\n\n[*] = CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY \nWITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT \nTO THE OMITTED PORTIONS.\n\n\n\n\n         5.       PLACE OF SHIPMENT:\n\n                  Hangzhou, ZheJiang Province\n\n         6.       PLACE OF DESTINATION:\n\n                  Baoding Telecom Breau, Hebei Province\n\n         7.       PACKING:\n\n         The goods shall be packed in new strong case(s) \/ carton(s) suitable\nfor long distance transportation and well protected against dampness, moisture,\nshock, and rust. The SELLERS shall be liable for any damage to the goods on\naccount of improper packing and for any rust damage attributable to inadequate\nor improper protective measures taken by the SELLERS. \n\n         8. SHIPPING MARK:\n\n         On the surface of each package, the package number, measurements, gross\nweight, the lifting positions, such cautions as 'DO NOT STACK UP SIDE DOWN',\n'HANDLE WITH CARE', 'KEEP AWAY FROM MOISTURE' and the following shipping mark\nshall be stenciled legibly in faceless paint:\n\n         9.       TRANSPORTATION:\n\n         10.      PAYMENT CONDITIONS:\n\n                  10.1     General\n\n                           All payments by the BUYER to the SELLER shall be\n                  effected in RMB (the exchange rate of which is determined as\n                  the foreign currency middle price offered by the People's Bank\n                  of China on the same day of transfer) by telegraphic transfer\n                  to the Fu Hua Branch of Zhong Xin Bank of China, account\n                  number is [*].\n\n                  10.2     Equipment &amp; Paying\n\n                           (1)      [*]\n\n                                    [*]                             [*]\n\n                           (2)      [*]\n\n                                    [*]                             [*]\n\n                           (3)      [*]\n\n                                    [*]                             [*]\n\n                           (4)      [*]\n\n[*] = CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY \nWITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT \nTO THE OMITTED PORTIONS.\n\n                                       -2-\n\n\n\n                                    [*]                              [*]\n\n                           (5)      [*]\n\n                                    [*]                              [*]\n\n                  10.3     In the event that a payment required by 10.2 isn't \nmade by the BUYER within the time period specified, the BUYER shall pay to \nthe SELLER, in addition to the amount owed, a late payment fee of [*] of the \namount owed per week or part thereof for each week the payment is delayed. \nThe total amount of penalty shall not, however, exceed [*] of the total value \nof the goods.\n\n         11.      WARRANTY:\n\n         The SELLER warrants items supplied hereunder to be free from defects in\nworkmanship and material. The SELLER'S warranty for Equipment and Material will\ncommence upon delivery of the goods and will continue for a period of [*].\nDuring the Warranty period the SELLER will, at its option, either repair or\nreplace items not conforming to the above warranty. If the BUYER determines that\nany items should be returned, the SELLER shall bear transportation charges for\nitems returned to the SELLER in the PRC and return of the repaired or replaced\nitems to the installation site. \n\n         12.      INSPECTION AND CLAIMS:\n\n                  12.1     Within seven (7) days after the arrival of the goods\nat the place of destination, the packages shall be opened by the BUYERS in the\npresence of the SELLER, shall be checked and signed jointly by the\nrepresentatives of the BUYER and SELLER.\n\n                  12.2     In case of missing parts or damage due to the\nSELLER'S faulty packing, the BUYER shall make a detailed record on the site, the\nrepresentatives of the BUYER and SELLER shall make and sign a protocol. Such\ncertificate or protocol may be utilized as proper evidence for replacement of\nmissed or damaged parts. Replacement of missing parts or repair of damaged parts\nshall be completed in accordance with the provisions of Article 11, Warranty.\n\n         13.      FORCE MAJEURE:\n\n         The SELLER shall not be liable for any loss, damage, delay or failure\nof performance resulting directly or indirectly from any cause which is beyond\nits reasonable control including, but not limited to the laws, regulations, acts\nor failure to act of any governmental authority. If performance under this\ncontract is prevented for two (2) months or longer by any of the foregoing\ncauses, SELLER or BUYER shall have the right to terminate this Contract by\ngiving written notice to the other party. \n\n         14.      LATE DELIVERY AND PENALTY:\n\n         In case of delayed shipment, except for force majeure, the SELLER shall\npay to the BUYER for every week of delay a penalty amounting to [*] of the\ntotal value of the goods whose shipment has been delayed. Any fractional part of\na week is to be considered as a full week. The total amount \n\n[*] = CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY \nWITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT \nTO THE OMITTED PORTIONS.\n\n                                       -3-\n\n\nof penalty shall not, however, exceed [*] of the total value of the goods \ninvolved in late shipment and is to be deducted from the amount due at the \ntime of payment. In case the period of delay exceeds 10 weeks after the \nstipulated shipment date the BUYER has the right to terminate this Contract \nbut the SELLERS shall still be liable for payment of the penalty, if \napplicable. \n\n         15.      CONFIDENTIALITY, USE OF INFORMATION AND EXPORT CONTROL:\n\n                  15.1     All documentation, technical information, business\ninformation and all software and related documentation (all herein after\ndesignated as 'Information') which SELLER has furnished and which is indicated\nas being confidential or proprietary shall remain SELLER'S property, SELLER\ngrants BUYER the right to use such Information subject to the following\nconditions:\n\n                           15.1.1   Such Information shall be treated in\nconfidence (except for any part thereof which is known to the BUYER to be free\nof any obligation to keep in confidence) and used by the BUYER only to the\nextent necessary to use, operate and repair the Equipment and Material.\n\n                  15.2     BUYER agrees that it will not transmit any product\nfurnished here under to any third party, without the consent of the SELLER.\n\n                  15.3     The obligations of the parties under this article\nshall survive any expiration or termination of this Contract.\n\n         16.      ARBITRATION:\n\n         Both Parties shall strictly execute the contract in accordance with the\nrelevant laws and regulations of P.R.C. All disputes in connection with the\nexecution of the contract hereof shall be settled through mutual understanding\nand friendly negotiation. In case no settlement can be reached through\nnegotiations, either party can apply to the appropriate organization for\narbitration or mediation. The arbitration fee shall be borne by the losing\nparty.\n\n         17.      LIMITATION OF LIABILITY:\n\n                  17.1     In the event of any breach of this Contract by\nSELLER, or of any loss or injury to the BUYER arising out of this Contract for\nwhich the SELLER is liable to the BUYER, the SELLER'S total cumulative liability\nfor all such breaches, losses, and injuries shall be the lesser of:\n\n                           17.1.1   The actual value of the injury or loss to\nthe BUYER.\n\n                           17.1.2   The total payments made to the SELLER.\n\n         18.      VALIDITY, TERMINATION OF THE CONTRACT AND MISCELLANEOUS:\n\n                  18.1     This Contract will come into force after being sealed\nby both parties and signed by the representatives of both parties.\n\n\n[*] = CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY \nWITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT \nTO THE OMITTED PORTIONS.\n\n                                       -4-\n\n\n                  18.2     This Contract will be terminated after both parties\nhave fulfilled their respective duties and obligations.\n\n                  18.3     This Contract may be amended only by an instrument in\nwriting signed and sealed by the duly authorized representative of each party.\n\n                  18.4     During implementation of this Contract, all notices\nbetween the parties shall be by certified mail, telex or facsimile.\n\n         19.      REMARKS:\n\n         This Contract is made in two original copies, one copy to be held by\neach party.\n\n         20.\n\n         21.      NOTES:\n\n\n\n\nTHE BUYER:                                           THE SELLER:\n\n(Signature)                                          (Signature)\n\nBaoding Telecom Breau,                               UT STARCOM (CHINA) LTD.\nHebei Province\n\n\n                                       -5-\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[9205],"corporate_contracts_industries":[9516],"corporate_contracts_types":[9613,9619],"class_list":["post-42159","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-utstarcom-inc","corporate_contracts_industries-telecommunications__equipment","corporate_contracts_types-operations","corporate_contracts_types-operations__sales"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/42159","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=42159"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=42159"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=42159"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=42159"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}