CONFIDENTIAL INFORMATION OMITTED
AND FILED SEPARATELY
WITH SECURITIES AND EXCHANGE COMMISSION
ASTERISKS DENOTE SUCH OMISSION
ZHONG SHAN FOREIGN ECONOMIC AND
TRADE COMMISSION
APPROVAL CERTIFICATE FOR FOREIGN
PROCESSING AND ASSEMBLY AGREEMENTS
Zhongwaijingjia Zi No.
(2002) x1314
It is hereby
acknowledged that the number 2002-13 filing made by Zhang Shan
Zhongjing Import and Export Limited Company is received. After
examining and reviewing the filing, the Foreign Processing and
Assembly Agreement number zhongjingxie zi 2002-01 between ZHONG
SHAN CARTON GENERAL FACTORY COMPANY LTD and ARTESYN TECHNOLOGIES
ASIA-PACIFIC LTD., dated as of December 28, 2002, is hereby
approved. The Agreement will remain effective until
December 28, 2007.
The Agreement (as
set forth in the Annex hereto) becomes effective from the
date of this approval.
Dated:
December 30, 2002
(official seal)
Cc: Zhong
Shan Customs and Zhong Shan Industry and Commerce Bureau
CONFIDENTIAL INFORMATION OMITTED
AND FILED SEPARATELY
WITH SECURITIES AND EXCHANGE COMMISSION
ASTERISKS DENOTE SUCH OMISSION
Supply and Processing
Agreement
Contract number: Zhongjingxie Zi
Number 2002-01
WHEREAS, ZHONG
SHAN CARTON GENERAL FACTORY LIMITED COMPANY (hereinafter “
Party A ”), at Qi Guan Xi Road, Shi Qi, Zhang Shan
City, telephone number 8816146, desires to develop
supply-and-processing business involving the production and
assembly of computer accessories, converter wires and power supply
equipment. With the assistance of ZHONG SHAN ZHONGJING IMPORT AND
EXPORT LIMITED COMPANY (hereinafter “ Business Agent
”), Party A and ARTESYN TECHNOLOGIES ASIA-PACIFIC LTD.
(hereinafter “ Party B ”), at 13-15 Shing Wan
Road, Tai Wan, Shatin, New Territories, Hong Kong, telephone number
26992868, adhering to the principle of equality and mutual benefit,
negotiate and agree on the supply and processing business involving
the production and assembly of power supply equipment, power
conversion equipment and power wires, and execute an agreement as
follows:
Article 1 Cooperation Terms
Party B will
provide at no consideration equipment and tools necessary for the
processing and assembly of the above-mentioned products. Titles to
such equipment and tools shall belong to Party B. Equipment already
transferred and delivered under Document number “zhongjingxie
zi 2000-02” has an estimate total value of US $62,438,481.73,
of which deposits and administration fee paid, non-imported
equipment has a total value of US $22,263,561.39 and the total
value of imported equipment was US$40,174,920.34 (as set forth in
the Annex hereto). Party B will also provide at no
consideration the raw and accessory materials, and packing
materials necessary for the manufacturing of the above-mentioned
products. Quantities and specifications thereof will be specified
in the manufacturing contract. Raw and accessory materials used for
the production will be reimbursed in accordance with their actual
usage. The said equipment will be provided by the foreign investor
at no charge. The operating entity shall not be required to import
the equipment by paying foreign exchanges and the processing entity
shall not be required to pay back the equipment price with its
processing fees hereunder.
Party A shall,
within the term of this agreement, provide factory space, dormitory
and dining facilities, and labor to manufacture and process
products for Party B. Party A will receive processing fees
therefor. Final products will be delivered to Party B to be shipped
and sold in Hong Kong.
-2-
CONFIDENTIAL INFORMATION OMITTED
AND FILED SEPARATELY
WITH SECURITIES AND EXCHANGE COMMISSION
ASTERISKS DENOTE SUCH OMISSION
|
|
|
|
|
Article 2
|
|
Processing Quantities, Calculation
of Processing Fees and Foreign Exchange Settlement
|
In order to
balance production, Party A and Party B agree that within the term
of this agreement, the estimate processing fees to be paid to
manufacturing and administrative personnel will be in the range of
US $3,600,000 to US $4,600,000, to be determined by the actual
number of necessary personnel. The fixed working hours for each
personnel will be 21.5 days per calendar month and 8 hours per
day (for purpose of working hours hereof, nationally prescribed
paid vacation days are treated as working hours). Working hours
beyond the fi
|
