Announcement on the signing of major contracts
Time:2020-10-10
Classification: Company Announcement
Recently, shouhang High-tech Energy Technology Co., Ltd., Northwest Power Construction Third Engineering Co., Ltd. consortium (hereinafter referred to as "the company" or "the contractor") and Inner Mongolia Energy Power Generation Investment Group Co., Ltd. Jinshan Second Thermal Power Branch (hereinafter referred to as "the employer") signed the "Inner Mongolia Energy Power Generation Investment Group Co., Ltd. Jinshan Thermal Power Plant 2 × 660000 kW expansion project host indirect air cooling system and circulating water system equipment supply and construction contract". The contract stipulates that the company will provide the main engine indirect air cooling system and circulating water system equipment to the 2 × 660000 kW expansion project of Jinshan Thermal Power Plant of Jinshan Second Thermal Power Branch of Inner Mongolia Energy Power Generation Investment Group Co., Ltd. According to the Articles of Association, the contract was signed after consideration and approval by the General Manager's Office of the Company.
I. Basic Information of the Employer
1. Company Name: Jinshan Second Thermal Power Branch of Inner Mongolia Energy Power Generation Investment Group Co., Ltd;
2. Person in charge: Su Sanyun;
3. Residence: Yanggao Village, Taige Mu Town, Tumote Zuoqi, Hohhot City, Inner Mongolia Autonomous Region;
4. Business scope: thermal power generation, solar power generation, recyclable waste power generation; power engineering technical services, heat production and supply, coal sales, power supply, power engineering design services, electrical installation, electrical machinery and equipment manufacturing; information system integration services, Wholesale of mineral products (excluding franchise), building materials and chemical products; Wholesale of mechanical equipment, hardware products and electronic products (only after obtaining a license)
5, the contractor and the company does not have an associated relationship;
7. No similar business has occurred between the employer and the Company in the most recent fiscal year;
8. Analysis of performance ability: The counterparty to this contract has good reputation and good performance ability.
II. Main Contents of the Contract
1. Subject matter of the contract: indirect air cooling system and circulating water system equipment of the main engine;
2. Total contract amount (including tax): RMB 174.890454 million (in words: one hundred and seventy-seven thousand four hundred and eighty-eight hundred and ninety-four hundred and fifty-four yuan only);
3, settlement method: phased according to the proportion of settlement, as follows:
3.1 advance payment is 10% of the total contract price;
The 3.2 feeding amount is 20% of the total contract price;
3.3 arrival payment is 40% of the total contract price;
The 3.4 commissioning payment is 10% of the total contract price;
The 3.5 acceptance payment is 10% of the total contract price;
The 3.6 warranty is 10% of the total contract price;
4. Conditions of entry into force: This contract shall take effect immediately after being signed by the legal representatives or authorized representatives of both parties and stamped with the special seal of the contract.
5, the contract performance period: from the effective date of the contract to the issuance of the last set of contract equipment "final acceptance certificate", and the buyer and seller of the debt relationship is settled.
6. Breach of Contract:
6.1 During the execution of the contract, if the equipment provided by the contractor is defective or the technical data is wrong, or the project is reworked or scrapped due to the operation error and negligence of the contractor's technical personnel, the contractor shall immediately replace and repair it without compensation. The Contractor shall, at its own risk and expense, transport the replaced or resupplied equipment to the work site and replace it at the installation site. For urgently needed equipment, the Contractor shall transport it to the work site at his own expense by the quickest means of transportation, and the replacement or repair period shall be no later than 1 month from the date of confirmation of the Contractor's responsibility.
6.2 During the warranty period, if the equipment, materials, work done or technical services provided by the Contractor are found to be defective and do not comply with the provisions of this contract, it is the Contractor's responsibility, and the Employer has the right to file a claim against the Contractor. If the contractor has any objection to this claim, it shall be raised within 7 days after receiving the written notice from the employer, otherwise the above-mentioned requirements shall be established. In case of any objection, the Contractor shall send a representative to the site for re-inspection with the Employer's representative within 7 days after receiving the notice. Otherwise, the Contractor shall immediately repair, replace, pay compensation or entrust the Employer to arrange large-scale repairs after receiving the Employer's claim documents. Including the resulting equipment manufacturing, inspection, freight and insurance costs, to the installation site replacement costs borne by the contractor.
6.3 If the Contractor's failure to provide construction equipment and facilities as required by the contract documents causes losses (including undue expenses) to the Employer, the Contractor shall bear the corresponding liability for breach of contract.
If, due to reasons attributable to the Contractor, there is a delay in the execution of the Contract, the completion period agreed upon in the Contract and the above-mentioned provisions of the Contract are not reached, the Employer shall be entitled to collect liquidated damages from the Contractor in the following manner:
A penalty of 0.5 per cent of the total contract price shall be charged for each seven-day delay in the construction period;
If the construction period is delayed for 1 month, the liquidated damages shall be 1% of the total contract price for each week of delay;
At the same time, the Employer shall still have the right to terminate the Contract in whole or in part without any compensation to the Contractor. The liquidated damages for each batch of technical data affecting the construction period is 20000 yuan for each week of delay. In addition, the Contractor shall pay for the direct losses of the Employer caused by the Contractor's technical service errors or breach of contract. This part of the liquidated damages shall not exceed 5% of the total contract price.
III. Impact of contracts on listed companies
1, the company has the ability to perform the contract, capital, personnel, technology and production capacity can ensure the smooth performance of the contract;
2. After the contract comes into effect, the delivery equipment and the implementation of the project shall be arranged according to the schedule of the project, and the specific schedule shall be performed according to the time agreed in the contract and the technical agreement. The contract tax-free amount represents approximately 20.95 of the Company's operating income of $744,084,663.39 in 2019. The execution of the contract will enhance the company's operating income and operating profit in 2020, 2021 and 2022;
3, the signing and performance of this contract does not affect the company's business independence. There is no reliance on the other party to the contract as a result of the performance of the contract.
IV. Risk Tips
1, the contract performance cycle is long, there is a risk of force majeure risk resulting in the contract can not be performed;
2, the contract payment recovery in stages according to the proportion of implementation, due to the long performance cycle, there is a risk of slow payment recovery, please pay attention to the risk of investors.
V. Contract Review Procedure
The contract is not subject to review and approval by the Company's Board of Directors, nor is it subject to the comments of independent directors and lawyers.
VI. Documents for Reference
1. Both parties sign the original contract.
It is hereby announced.
Shouhang Gaoke Energy Technology Co., Ltd.
Board of Directors
9 October 2020