Attached files
| file | filename |
|---|---|
| S-1/A - HYPERERA INC | v173946_s1a.htm |
| EX-23.1 - HYPERERA INC | v173946_ex23-1.htm |
| EX-10.1 - HYPERERA INC | v173946_ex10-1.htm |
Purchase
Contract
Contract
No.: HB(09)-CR09-HC05A
|
Party A: Hyperera Inc.
|
(hereinafter referred to as Party A)
|
|
Party B: Beijing Chaoranchuangshi Technology Co., Ltd.
|
(hereinafter referred to as Party B)
|
Whereas,
Pary B supply hardware products to and for Party A. THEREFORE, the Contract and
Agreement are hereby made by and among the two Parties through friendly
consultation adhering to the spirit of fair and cooperation and according to the
relevant Laws and regulations.
1.
Product List and Price
|
#
|
Name
|
Model and
specification
|
Qty
|
Price
（USD）
|
total price
（USD）
|
Delivery
|
quality
guarantee
period
|
||||||||||||
|
1
|
HP
PROLIANT DL380 G4
|
2×3.0GHz
CPU,
4GBMemory, 2×146G HD,
24xDVD
|
1 |
|
$ | 5,968.00 | $ | 5,968.00 |
20
Days
|
36
months
|
|||||||||
|
Total:
|
$ | 5,968.00 | |||||||||||||||||
(1) All
prices expressed in U.S. dollars
(2) Total
price includes all expense before goods acceptance, including training,
technical service, trunck loading fee, packing charge and expenses of
taxation.
1
2.
Quality Assurance and Acceptance
(1)
Party B warrants that the products provided are of quality products manufactured
by the original manufacturer (36-month after service available).
(2)
Party A and Party B check and accept goods together. Party B shall be
responsible for unconditional replacement and commitment to the the
loss caused by project delay, if there is any quality
problem.
3
Delivery Place and Method
Party B
shall ship the goods to the place that Party A specify, the goods traffic fee
shall be charged by Party B.
4.
Payment
Party A
shall pay the full amount to Party B after this agreement is
signed.
5
Warrants about Post-sale Service
(1) Party
B warrants to provide the necessary stanby parts during the product warranty
period and the full lifecycle.
(2) As
appropriate, Party B guarantee appoint experienced technical staff to install
product on site and provide help to the whole installation and test work
according the time requirement of Party A till the product can work
correcttly.
(3) After
all equipments are put on stream, Party B promise a 36 months warranty period
after a 72-hours operation acceptance test. As appropriate, Party B shall
appoint experienced maintence staff toParty A’s site. While Party A run the
equipement in the regulation manner, Pary B promise to provide the free mantence
service and parts exchange or update the equipement if the equipements or the
material are damaged. During the warranty period, the price of the parts remain
unchanged.
6
Liability for breach of contract
(1)
Party B must provide the product according to this agreement, Party A have the
right to return or chang the product to Party B.
2
(2)
If Party B cause Party A fail to accept goods at the appointed place and the
appointed time, all the costs resulting shall be charged by Party
B.
(3)
The noimplement or not full implement the duty specified in this agreement of
any Party of Party A or Party B constitute a breach of contract.
(4)
Party A do not bear the responsibility and duty that related with the goods,
Party B bear these responsibility and duty.
7.
Irresistible Force
If
because of the irresistible force, Any Party of Party A or Party B can not
implement the duty specified in this agreement, the party shall inform the
reason to the other party in time. After acquire the certification of relevant
authority, the responsibility of breach of contract can be waived partly or
fully.
8.
Commencement and termination
(1)
This agreement shall be effective after the signed and the sealed of the legal
representative or the persons authorized.
(2)
If Party B failed to implement one or more terms in this agreement, and can not
take remedial actions during 10 days after Party A send the request, Party A
have the right to terminate the contract partly or fully.
(3)
If Party B go into bankruptcy or have no capacity to carry out the contract,
Party A can inform Party B to terminate the contract in writing at any time, and
no need to make compensation to Party B.
9
Supplementary Articles
(1)
According to the Tax Laws in effect, all the taxes and duties in connection with
and in the execution of the Contract to Party A shall be paid by Party
A.
(2)
According to the Tax Laws in effect, all the taxes and duties in connection with
and in the execution of the Contract to Party B shall be paid by Party
B.
3
(3)
Unless Party A agree in writing form, Party B can not transfer the duty of this
agreement to the third party; If Party A agree Party B to subcontract to the
third party, the responsibilities and obligations of Party B shall not be
waived; If Party B subcontract to the third party without Party A’s agreement in
writing, Party A have the right to terminate the contract at any time, all
losses resulting shall be borne by Party B.
(4) Both parties will solve
the disputes arising from the Contract through friendly consultation. If both
parties have no willing to consult or the consultation fails, both parties may
bring a suit before a people's court of the location of the Party
A.
(5)
Any and all matters uncovered herein shall be subject to the provisions of the
Economic Contract Law of the People’s Republic of China.
(6)
The Contract shall be in two copies, one for each party.
|
Party
A (seal):
Hyperera
Inc.
|
Party
B(seal):
Beijing Chaoranchuangshi
Technology Co., Ltd.
|
|
|
Addr.:
2316 S.Wentworth Ave., Chicago, IL 60616
|
Addr.:
B-11A, Kingwing Hotel, No.17 Dongsanhuan South Rd., Chaoyang,
Beijing
|
|
|
Legal
representative (Authorized representative):
|
Legal
representative (Authorized representative):
|
|
|
Tel:
001-312-842-2288
|
Tel:
86-10-87664893
|
|
|
Fax：001-312-373-9339
|
Fax：86-10-87664589
|
|
|
Zip：60616
|
Zip：100021
|
|
|
Date:
March 01,2009
|
Date:
March 1, 2009
|
4
Purchase
Contract
Contract
No.: HB(09)-CR09-HC06A
|
Party A: Hyperera Inc.
|
(hereinafter referred to as Party A)
|
|
Party B: Beijing Chaoranchuangshi Technology Co., Ltd.
|
(hereinafter referred to as Party B)
|
Whereas,
Pary B supply hardware products to and for Party A. THEREFORE, the Contract and
Agreement are hereby made by and among the two Parties through friendly
consultation adhering to the spirit of fair and cooperation and according to the
relevant Laws and regulations.
1.
Product List and Price
|
#
|
Name
|
Model and
specification
|
Qty
|
Price
（USD）
|
Amount
（USD）
|
Delivery
|
quality
guarantee
period
|
||||||||||
|
1
|
Huawei
Switch
|
LS-S5026C-S1
|
9 | $ | 16,444.00 | $ | 148,000.00 |
20 Days
|
36 months
|
||||||||
|
Total:
|
$ | 148,000.00 | |||||||||||||||
(1) All
prices expressed in U.S. dollars
(2) Total
price includes all expense before goods acceptance, including training,
technical service, trunck loading fee, packing charge and expenses of
taxation.
2.
Quality Assurance and Acceptance
(1) Party
B warrants that the products provided are of quality products manufactured by
the original manufacturer (36-month after service available).
(2) Party
A and Party B check and accept goods together. Party B shall be responsible for
unconditional replacement and commitment to the the loss caused by
project delay, if there is any quality problem.
1
3
Delivery Place and Method
Party B
shall ship the goods to the place that Party A specify, the goods traffic fee
shall be charged by Party B.
4.
Payment
Party A
shall pay the full amount to Party B after this agreement is
signed.
5
Warrants about Post-sale Service
(1) Party
B warrants to provide the necessary stanby parts during the product warranty
period and the full lifecycle.
(2) As
appropriate, Party B guarantee appoint experienced technical staff to install
product on site and provide help to the whole installation and test work
according the time requirement of Party A till the product can work
correcttly.
(3) After
all equipments are put on stream, Party B promise a 36 months warranty period
after a 72-hours operation acceptance test. As appropriate, Party B shall
appoint experienced maintence staff toParty A’s site. While Party A run the
equipement in the regulation manner, Pary B promise to provide the free mantence
service and parts exchange or update the equipement if the equipements or the
material are damaged. During the warranty period, the price of the parts remain
unchanged.
6
Liability for breach of contract
(1) Party
B must provide the product according to this agreement, Party A have the right
to return or chang the product to Party B.
(2) If
Party B cause Party A fail to accept goods at the appointed place and the
appointed time, all the costs resulting shall be charged by Party
B.
(3) The
noimplement or not full implement the duty specified in this agreement of any
Party of Party A or Party B constitute a breach of contract.
2
(4) Party
A do not bear the responsibility and duty that related with the goods, Party B
bear these responsibility and duty.
7.
Irresistible Force
If
because of the irresistible force, Any Party of Party A or Party B can not
implement the duty specified in this agreement, the party shall inform the
reason to the other party in time. After acquire the certification of relevant
authority, the responsibility of breach of contract can be waived partly or
fully.
8.
Commencement and termination
(1) This
agreement shall be effective after the signed and the sealed of the legal
representative or the persons authorized.
(2) If
Party B failed to implement one or more terms in this agreement, and can not
take remedial actions during 10 days after Party A send the request, Party A
have the right to terminate the contract partly or fully.
(3) If
Party B go into bankruptcy or have no capacity to carry out the contract, Party
A can inform Party B to terminate the contract in writing at any time, and no
need to make compensation to Party B.
9
Supplementary Articles
(1)
According to the Tax Laws in effect, all the taxes and duties in connection with
and in the execution of the Contract to Party A shall be paid by Party
A.
(2)
According to the Tax Laws in effect, all the taxes and duties in connection with
and in the execution of the Contract to Party B shall be paid by Party
B.
(3)
Unless Party A agree in writing form, Party B can not transfer the duty of this
agreement to the third party; If Party A agree Party B to subcontract to the
third party, the responsibilities and obligations of Party B shall not be
waived; If Party B subcontract to the third party without Party A’s agreement in
writing, Party A have the right to terminate the contract at any time, all
losses resulting shall be borne by Party B.
(4) Both parties will solve
the disputes arising from the Contract through friendly consultation. If both
parties have no willing to consult or the consultation fails, both parties may
bring a suit before a people's court of the location of the Party
A.
3
(5) Any
and all matters uncovered herein shall be subject to the provisions of the
Economic Contract Law of the People’s Republic of China.
(6) The
Contract shall be in two copies, one for each party.
|
Party
A (seal):
|
Party
B(seal):
|
|
Hyperera
Inc.
|
Beijing Chaoranchuangshi
Technology Co., Ltd.
|
|
Addr.:
2316 S.Wentworth Ave., Chicago, IL 60616
|
Addr.:
B-11A, Kingwing Hotel, No.17 Dongsanhuan South Rd., Chaoyang,
Beijing
|
|
Legal
representative (Authorized representative):
|
Legal
representative (Authorized representative):
|
|
Tel:
001-312-842-2288
|
Tel:
86-10-87664893
|
|
Fax：001-312-373-9339
|
Fax：86-10-87664589
|
|
Zip：60616
|
Zip：100021
|
|
Date:
March 01,2009
|
Date:
March 1, 2009
|
4
Purchase
Contract
Contract
No.: HB(09)-CR09-HC03A
|
Party
A: Hyperera
Inc.
|
(hereinafter
referred to as Party A)
|
|
Party
B: Beijing
Chaoranchuangshi Technology Co., Ltd.
|
(hereinafter referred to as Party B) |
Whereas,
Pary B supply hardware products to and for Party A. THEREFORE, the Contract and
Agreement are hereby made by and among the two Parties through friendly
consultation adhering to the spirit of fair and cooperation and according to the
relevant Laws and regulations.
1.
Product List and Price
|
#
|
Name
|
Model
and specification
|
Qty
|
Price
（USD）
|
Amount
（USD）
|
Delivery
|
quality
guarantee period
|
||||||||||||
|
1
|
Network
Cabinet
|
AST6942-42U
|
14 | $ | 3,859.28 | $ | 54,030.00 |
20
Days
|
36
months
|
||||||||||
|
Total:
|
$ | 54,030.00 | |||||||||||||||||
(1)
All prices expressed in U.S. dollars
(2)
Total price includes all expense before goods acceptance, including training,
technical service, trunck loading fee, packing charge and expenses of
taxation.
2.
Quality Assurance and Acceptance
(1)
Party B warrants that the products provided are of quality products manufactured
by the original manufacturer (36-month after service available).
(2)
Party A and Party B check and accept goods together. Party B shall be
responsible for unconditional replacement and commitment to the the
loss caused by project delay, if there is any quality
problem.
1
3
Delivery Place and Method
Party B
shall ship the goods to the place that Party A specify, the goods traffic fee
shall be charged by Party B.
4.
Payment
Party A
shall pay the full amount to Party B after this agreement is
signed.
5
Warrants about Post-sale Service
(1)
Party B warrants to provide the necessary stanby parts during the product
warranty period and the full lifecycle.
(2)
As appropriate, Party B guarantee appoint experienced technical staff to install
product on site and provide help to the whole installation and test work
according the time requirement of Party A till the product can work
correcttly.
(3)
After all equipments are put on stream, Party B promise a 36 months warranty
period after a 72-hours operation acceptance test. As appropriate, Party B shall
appoint experienced maintence staff toParty A’s site. While Party A run the
equipement in the regulation manner, Pary B promise to provide the free mantence
service and parts exchange or update the equipement if the equipements or the
material are damaged. During the warranty period, the price of the parts remain
unchanged.
6
Liability for breach of contract
(1)
Party B must provide the product according to this agreement, Party A have the
right to return or chang the product to Party B.
(2)
If Party B cause Party A fail to accept goods at the appointed place and the
appointed time, all the costs resulting shall be charged by Party
B.
(3)
The noimplement or not full implement the duty specified in this agreement of
any Party of Party A or Party B constitute a breach of
contract.
2
(4)
Party A do not bear the responsibility and duty that related with the goods,
Party B bear these responsibility and duty.
7.
Irresistible Force
If
because of the irresistible force, Any Party of Party A or Party B can not
implement the duty specified in this agreement, the party shall inform the
reason to the other party in time. After acquire the certification of relevant
authority, the responsibility of breach of contract can be waived partly or
fully.
8.
Commencement and termination
(1)
This agreement shall be effective after the signed and the sealed of the legal
representative or the persons authorized.
(2)
If Party B failed to implement one or more terms in this agreement, and can not
take remedial actions during 10 days after Party A send the request, Party A
have the right to terminate the contract partly or fully.
(3)
If Party B go into bankruptcy or have no capacity to carry out the contract,
Party A can inform Party B to terminate the contract in writing at any time, and
no need to make compensation to Party B.
9
Supplementary Articles
(1)
According to the Tax Laws in effect, all the taxes and duties in connection with
and in the execution of the Contract to Party A shall be paid by Party
A.
(2)
According to the Tax Laws in effect, all the taxes and duties in connection with
and in the execution of the Contract to Party B shall be paid by Party
B.
(3)
Unless Party A agree in writing form, Party B can not transfer the duty of this
agreement to the third party; If Party A agree Party B to subcontract to the
third party, the responsibilities and obligations of Party B shall not be
waived; If Party B subcontract to the third party without Party A’s agreement in
writing, Party A have the right to terminate the contract at any time, all
losses resulting shall be borne by Party B.
(4) Both parties will solve
the disputes arising from the Contract through friendly consultation. If both
parties have no willing to consult or the consultation fails, both parties may
bring a suit before a people's court of the location of the Party
A.
3
(5)
Any and all matters uncovered herein shall be subject to the provisions of the
Economic Contract Law of the People’s Republic of China.
(6)
The Contract shall be in two copies, one for each party.
|
Party
A (seal):
Hyperera
Inc.
|
Party
B(seal):
Beijing Chaoranchuangshi
Technology Co., Ltd.
|
|
Addr.:
2316 S.Wentworth Ave., Chicago, IL 60616
|
Addr.:
B-11A, Kingwing Hotel, No.17 Dongsanhuan South Rd., Chaoyang,
Beijing
|
|
Legal
representative (Authorized representative):
|
Legal
representative (Authorized representative):
|
|
Tel:
001-312-842-2288
|
Tel:
86-10-87664893
|
|
Fax:
001-312-373-9339
|
Fax:
86-10-87664589
|
|
Zip:
60616
|
Zip:
100021
|
|
Date:
March 01,2009
|
Date:
March 1, 2009
|
4