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Supply Contract

Supply Agreement

Supply Contract | Document Parties: XL GENERATION INTERNATIONAL INC. You are currently viewing:
This Supply Agreement involves

XL GENERATION INTERNATIONAL INC.

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Title: Supply Contract
Date: 4/13/2006

Supply Contract, Parties: xl generation international inc.
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Supply Contract

 

Between

 

Febra-Kunststoff GmbH, 74336 Brackenheim-Dürrenzimmem, Germany

 

-  

hereinafter referred to as “ Febra ” -

 

and

 

XL Generation AG, CH-6304 Zug, Switzerland

 

-  

hereinafter referred to as “ XLG ” -

 

and

 

BASF Aktiengesellschaft, 67056 Ludwigshafen, Germany

 

-  

hereinafter referred to as “ BASF  -

 

Febra and XLG hereinafter also referred to as “ Party ” or “ Parties ”.

 

WHEREAS XLG is willing to purchase and take Molded EPP-Sheets (“ Padding Sheets ”) from Febra for sport-field surfaces and other types or surfaces.

 

WHEREAS Febra needs Neopolen® P (“ Product ”) for the production of Padding sheets.

 

WHEREAS under the terms of an other agreement (“ Agreement ”) BASF shall sell to Febra and Febra shall purchase and take from BASF such Product.

 


 

WHEREAS Febra needs certain tools (“ Tools ”) for the production of the Padding Sheets that have to be acquired just for the purpose of the Supply Contract.

 

WHEREAS under a third agreement BASF and Febra shall agree to finance such Tools jointly.

 

THEREFORE, the Parties - and concerning §2 the Parties and BASF - agree as follows:

 

§ 1     Subject of the Supply Contract

 

Febra shall sell and deliver Padding Sheets to XLG and XLG shall purchase and take Padding Sheets from Febra in accordance with the terms and conditions set forth in this supply contract (“ Supply Contract ”).

 

§ 2     Quantity

 

XLG shall purchase and take from Febra at least 100 metric tons (“ mt ”) Padding Sheets per year.

 

§ 3     Quality

 

The Padding Sheets shall have the quality as set forth in Annex 1 .

 

§ 4     Price

 

The purchase price for Padding Sheets shall be as set forth in Annex 2 .

 

§ 5     Payment term

 

Payments shall be made within 30 days after date of invoice.

 


 

§ 6     Delivery Terms

 

EXW according to incoterms 2000 of ICC.

 

§ 7     Title

 

Ownership of the Padding Sheets is transferred to XLG upon full payment for the particular delivery.

 

§ 8     Liability

 

Febra’s total liability for any cause of action associated with the Supply Contract, whether based in tort, contract, strict liability or any other legal theory is expressly limited to replacement of nonconforming Padding Sheets or payment in amount not to exceed the purchase price of the specific Padding Sheets for which damages are claimed, at Febra’s option. In no event shall Febra be liable for any other damages including, without limitation, incidental, special, punitive or consequential damages.

 

§ 9     Inspection of the Padding Sheets

 

XLG shall inspect the Padding Sheets supplied hereunder immediately after delivery and prior to processing it. XLG must raise any claims concerning quality or quantity deficiencies which can be discovered by reasonable examination within 10 (ten) days from the arrival of each delivery at the designated delivery site in writing, all other deficiencies must be claimed in writing within 6 (six) months after arrival of each delivery at the designated delivery site.

 

After expiration of


 
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