Attached files
| file | filename |
|---|---|
| S-1/A - Andatee China Marine Fuel Services Corp | v161474_s1a.htm |
| EX-2.1 - Andatee China Marine Fuel Services Corp | v161474_ex2-1.htm |
| EX-4.1 - Andatee China Marine Fuel Services Corp | v161474_ex4-1.htm |
| EX-1.1 - Andatee China Marine Fuel Services Corp | v161474_ex1-1.htm |
| EX-21.1 - Andatee China Marine Fuel Services Corp | v161474_ex21-1.htm |
| EX-10.4 - Andatee China Marine Fuel Services Corp | v161474_ex10-4.htm |
| EX-23.1 - Andatee China Marine Fuel Services Corp | v161474_ex23-1.htm |
| EX-10.12 - Andatee China Marine Fuel Services Corp | v161474_ex10-12.htm |
| EX-10.18 - Andatee China Marine Fuel Services Corp | v161474_ex10-18.htm |
| EX-3.1.1(I) - Andatee China Marine Fuel Services Corp | v161474_ex3-1x1i.htm |
Exhibit
10.17
CONTRACT
No.: XY-11-090804-01
PetroChina
Dalian Petrochemical Company and
Dalian
Xingyuan Marine Fuel Co., Ltd.
Sales
Contract of Furfural Extract Oil
Place
of Signing: No. 1 Shanzhong Street, Ganjingzi District,
Dalian
Party
A (Buyer): Dalian Xingyuan Marine Fuel Co., Ltd.
Residence:
Li Jaicun of Dalianwan
Business
registration No.: 2102001105614
Legal
representative: An Fengbin
Party
B (Seller): PetroChina Dalian Petrochemical Company
Residence:
No. 1 Shanzhong Street, Ganjingzi District, Dalian
Business
registration No.: 2102001200986
Legal
representative (principal): Jiang Fan
According
to the Contract Law of the
People's Republic of China and relevant laws and regulations, Party A and
Party B has made an agreement to sign the principle of equality, mutual benefit
and making compensation for equal value.
|
1.
|
Name
of subject matter (hereinafter referred to as “oil product”): Furfural
extract oil
|
|
2.
|
Quality
standard: QJ/DSH751.34-2009
|
|
3.
|
Quantity:
2000 ton/month (based on actual settlement volume);
|
Extract
oil: 3000 ton/month (based on actual delivering amount);
|
4.
|
Cost:
Unit price of sales (including tax): The price basis is according to Sale Price Adjustment Approval
Form of Self-run Products and the time of picking up the goods is
on the basis of Note of
PetroChina Dalian Petrochemical Company.
|
|
5.
|
Freight
and miscellaneous charges are undertaken by Party A.
|
|
6.
|
Payment:
Deliver the goods after receiving the payment.
|
|
7.
|
Deliver
of oil products: Party A provides goods through the pipeline to Party B,
and Party A is responsible for preparing well the oil tank in advance and
contact the Measurement and Quality Inspection Center of Party B to make
daily measurement and examination; the detailed delivery point is the
flange outside the first valve of receiving tank of Party A, and the risks
shall be transferred to Party A from Party B after the goods getting
through the delivery point.
|
|
8.
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Measurement
and standard
|
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8.1
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It
regards the measurement of Party B as the standard. Party B shall
implement the measurement at the delivery place with the supervision of
Party A; the applied measurement instruments shall get the qualified
inspection of senior measurement technological institute, and in the
effective period, the measurement personnel shall go on duty with the
qualification certificate regulated by the state.
|
|
8.2
|
Party
A shall guarantee that the oil discharge equipment of the discharge unit
and bulk plant (store oil products) have legal qualification to discharge
and store the oil products, and comply with the national standard of
discharging, safety for storing the oil products equipment, quantity and
quality.
|
|
9.
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Acceptance
|
|
9.1
|
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9.2
|
If
Party A raises the disputes about the quantity and quality within the
acceptance period (within three days after receiving the goods), Party A
has obligation to keep well the oil products. If Party A doesn’t keep well
the oil products, causing non-compliance of the quantity and quality when
delivering to Party B, and Party A thus loses the right to claim
indemnity.
|
|
9.3
|
If
Party A raises the disputes about the quantity and quality within the
acceptance period (within three days after receiving the goods), Party A
has obligation to keep well the oil products. If Party A doesn’t keep well
the oil products, causing non-compliance of the quantity and quality when
delivering to Party B, and Party A thus loses the right to claim
indemnity.
|
|
9.4
|
Within
the acceptance period (within three days after goods arriving), if Party A
thinks that the quality of the oil products cannot meet the agreed
standard of the contact, Party A and Party B shall commonly choose the
authorized inspection organ to examine the mothballed oil samples, and it
shall regard the result of the inspection organ as the basis to confirm
the quality of the oil products. If the result complies with the standard
of contract, Party A shall bear the inspection fees and relevant fees.
Otherwise, Party B shall bear the fees.
|
|
9.5
|
Party
A shall discharge the oil products within five days after qualified
acceptance. Party A shall bear the fees that exceed the regulated
date.
|
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10.
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Alternation
and termination of contract
|
|
10.1
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Party
A and Party B shall negotiate to alter or terminate the contract with the
written form.
|
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10.2
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It
can terminate the contract unilaterally with one of the following
situations:
|
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10.2.1
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The
contract purpose cannot be realized caused by force
majeure.
|
|
10.2.2
|
Party
A or Party B transfers part or entire rights and obligations to the third
party without the written permission of the other
party.
|
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10.3
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The
settlement, clearing up and disputes resolving articles still take effect
after terminating the contract.
|
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10.4
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The
party who terminates the contract shall bear the obligations to notify the
other party.
|
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11.
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Responsibility
for breach the contract
|
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11.1
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Both
parties shall negotiate if the oil product delivered by Party B cannot
comply with the regulations of the contract.
|
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11.2
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If
there are other breaching situations, the breaching party shall compensate
the loss to the other party. Both parties shall bear the relevant
responsibilities respectively if it is caused by their
faults.
|
|
11.3
|
Party
A shall pay 1%’s liquidated damages of the delayed payment for Party B if
Party A doesn’t pay by the regulated terms.
|
|
12.
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Force
majeure
|
|
12.1
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The
party affected by the force majeure or either party shall not be held
responsibilities for failure to perform all or any part of the contract
due to fire, earthquake, typhoon and flood or any other unpredictable,
inevitable and insurmountable events. However, the party affected by the
force majeure shall inform the other party within 48 hours after
occurrence, and provide the effective certification document to the other
party within three days thereafter.
|
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12.2
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The
party affected by the force majeure or either party has obligations to
adopt measures to minimize the loss caused by force
majeure.
|
|
13.
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Disputes
resolving
|
Both
parties shall negotiate to resolve the disputes, and it shall lodge a complaint
to the local People’s Court of Party if it fails to negotiate.
|
14.
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Effect
and others
|
|
14.1
|
The
contract will take effect after signing and sealing or signing and sealing
by fax.
|
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14.2
|
Both
parties hereto may supplement through negotiation matters not mentioned
herein.
|
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14.3
|
The
contract is in duplicate with each party holding one (the fax of the
document is effective).
|
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14.4
|
Expiry
date: From July 31, 2009 to December 31,
2009.
|
Party
A (Buyer): Dalian Xingyuan Marine Fuel Co., Ltd.
Legal
representative or authorized representative: (Seal)
Party
B (Seller): PetroChina Dalian Petrochemical Company
Legal
representative or authorized representative: (Seal)