exv10w2



 





Exhibit 10.2



***Confidential treatment has been requested for portions of this exhibit. The copy filed herewith
omits the information subject to the confidentiality request. Omissions are designated as [***]. A
complete version of this exhibit has been filed separately with the Securities and Exchange
Commission.




SUPPLY AGREEMENT




	 	 	 
	between
	 	Wacker Chemie AG
	 
	 	Hanns-Seidel-Platz 4
	 
	 	81737 Munich
	 
	 	Federal Republic of Germany
	 
	 	 
	 
	 	- hereinafter referred to as "WACKER" -
	 
	 	 
	and
	 	 
	 
	 	Evergreen Solar, Inc.
	 
	 	138 Bartlett Street
	 
	 	Marlboro, MA 01752
	 
	 	USA
	 
	 	 
	 
	 	- hereinafter referred to as “BUYER” -






Preamble



BUYER has requirements for polycrystalline Silicon. WACKER is willing to supply BUYER with
polycrystalline Silicon.



Now, therefore, in consideration of the foregoing and the mutual premises hereinafter contained,
WACKER and BUYER agree as follows:




Supply Agreement Evergreen Solar, Inc./ Wacker Chemie AG August 31, 2007





 









 





2 





	1.	 	Product
	 
	 	 	WACKER agrees to sell and deliver and BUYER agrees to purchase and take the polycrystalline
Silicon manufactured by WACKER as defined per specification set forth in Appendix A
(hereinafter referred to as ,,PRODUCT“).
	 
	2.	 	Quantities
	 
	2.1	 	The BUYER shall make the agreed prepayment according to the payment schedule set forth in
Appendix A.
	 
	 	 	WACKER shall sell and deliver to BUYER and BUYER will purchase and take from WACKER the annual
quantities of PRODUCT set forth in Appendix A.
	 
	3.	 	Prices / Payment Terms
	 
	3.1	 	The prices for the PRODUCT are set forth in Appendix A .
	 
	3.2	 	The prices under Section 3.1 above shall be firm until 31.12.2018 and only subject to change,
if the relevant energy price index, defined in Appendix C, increases or decreases [***]. The agreed
prices will be adjusted by the rate (Euro/kg) as specified in the table in Appendix C.
	 
	3.3	 	WACKER shall invoice BUYER with each shipment of PRODUCT. BUYER shall pay such invoices net
within 30 (thirty) days from the date of such invoices.
	 
	4.	 	Delivery
	 
	4.1	 	PRODUCT shall be delivered FCA German Seaport (Incoterms 2000).
	 
	4.2	 	All deliveries of PRODUCT are subject to WACKER’s General Conditions of Sale set forth in
Appendix B and hereby made part of this Agreement, provided, however, that if there is any
conflict between the terms of this Agreement and the said Conditions of Sale the terms of this
Agreement shall prevail.
	 
	4.3	 	The agreed annual quantities for the years 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017 and
2018 will be shipped in about equal monthly instalments.
	 
	5.	 	Quality / Inspection and Testing
	 
	5.1	 	The PRODUCT supplied by WACKER shall conform to the specifications set forth in Appendix A.
	 
	5.2	 	It is understood and expressly agreed that the PRODUCT delivered by WACKER hereunder are
PRODUCTS of technical quality only and BUYER is exclusively responsible for fitness for
purpose, handling, use and application of the PRODUCT.






Supply Agreement Evergreen Solar, Inc./ Wacker Chemie AG August 31, 2007




 









 





3 


	5.3	 	Upon receipt of each shipment of PRODUCT BUYER shall inspect the PRODUCT. Unless BUYER
notifies WACKER [***] after the arrival of the shipment at Buyer  ́s premises or warehouse, that
it does not conform to the quantity ordered or WACKER  ́s certificate of quality does not
conform to the specifications set forth in Appendix A, said shipment shall be deemed to have
been delivered as ordered and
WACKER  ́s certificate of quality shall be deemed to conform to the specifications.
	 
	6.	 	Warranty / Liability
	 
	6.1	 	WACKER warrants solely that the PRODUCT delivered shall conform to the specifications set
forth in Appendix A. Except for the warranty provided above, WACKER disclaims any and all
other express or implied warranties with respect to the PRODUCT, and any warranty of
merchantability or fitness for a particular purpose is expressly disclaimed.
	 
	6.2	 	BUYER’s exclusive remedy and WACKER’s sole obligation for any claim or cause of action
arising under this Agreement because of defective PRODUCT is expressly limited to either (i)
the replacement of non-conforming PRODUCT or the repayment of the purchase price of the
respective quantity of PRODUCT; OR (ii) [***]. Any remedy is subject to BUYER giving WACKER
notice as provided for in Section 5.3.
	 
	6.3	 	The parties agree that the remedies provided in this Agreement are adequate and that except
as provided for above, neither party shall be liable to the other, whether directly or by way
of indemnity or contribution for special, incidental, consequential or other damages arising
from the breach of any obligation hereunder or for any other reason whatsoever, including
actions for tort, strict or product liability, patent or trademark infringement except as
provided for herein.
	 
	7.	 	Confidentiality
	 
	7.1	 	BUYER may use all the information disclosed by WACKER under this Agreement only for the
purposes contemplated herein.
	 
	7.2	 	BUYER agrees to keep secret such information and to take the necessary measures to prevent
any disclosure to third parties.
	 
	7.3	 	BUYER is responsible for assuring that secrecy is maintained by its employees and agents.
	 
	7.4	 	The secrecy obligation does not apply to information






	 	–	 	where BUYER can prove that is was known to BUYER prior to its receipt;






Supply Agreement Evergreen Solar, Inc./ Wacker Chemie AG August 31, 2007




 









 





4 


	 	–	 	which is or has become generally available to the public prior to its receipt;
	 
	 	–	 	which is or has become generally available to the public without being the result of a breach of this Agreement;
	 
	 	–	 	which is in accordance with information BUYER received or got access to from an entitled person without any obligation
of secrecy;
	 
	 	–	 	where WACKER approved the disclosure in a particular case in writing.






	7.5	 	The secrecy obligation shall survive the term of this Agreement.
	 
	8.	 	Security Interest
	 
	 	 	BUYER hereby grants WACKER a continuing security interest in any PRODUCT and in the proceeds
(including proceeds of sale or insurance) until the entire purchase price for the PRODUCT
currently or previously sold to BUYER is paid and until all late payment interest, legal fees
and expenses required to enforce WACKER’s rights and any costs, expenses, taxes or other
charges required to be paid by BUYER to WACKER have been paid in full. BUYER specifically
agrees that WACKER may file one or more financing statements or other documents and take all
necessary or appropriate in order to create, perfect, preserve or enforce WACKER’s security
interest in the PRODUCT pursuant to the Uniform Commercial Code and other applicable law, and
hereby grants to WACKER a power of attorney to execute such statements or documents in BUYER’s
name. WACKER’s reasonable costs and expenses (including, but not limited to, attorney’s fees
and expenses for pursuing, searching for, receiving, taking, keeping, storing, advertising and
selling the PRODUCT shall be paid by BUYER who shall remain liable for any deficiency resulting
from a sale of the PRODUCT and shall pay any deficiency forthwith on demand. The requirement of
reasonable notice of sale shall be met if such notice is mailed and addressed to BUYER at its
last address appearing on WACKER’s records at least 30 days prior to the date of sale.
	 
	9.	 	Force Majeure
	 
	9.1	 	If either party should be prevented or restricted directly or indirectly by an event of Force
Majeure as hereinafter defined from performing all or any of its obligations under this
Agreement, the party so affected will be relieved of performance of its obligations hereunder
during the period that such event and its consequences will continue, but only to the extent
so prevented, and will not be liable for any delay or failure in the performance or any of its
obligations hereunder or loss or damage whether direct, general, special or consequential
which the other party may suffer due to or resulting from such delay or failure, provided
always that prompt notice is given by the affected party to the unaffected party by facsimile
or telephone of the occurrence of the event constituting the Force Majeure, together with
details thereof and an estimate of the period of time for which it will continue.






Supply Agreement Evergreen Solar, Inc./ Wacker Chemie AG August 31, 2007




 









 





5 


	9.2	 	The term Force Majeure shall include without limitation strike, labour dispute, lock out,
fire, explosion, flood, war (accident), act of god or any other cause beyond the reasonable
control of the affected party, whether similar or dissimilar to the causes enumerated above.
	 
	10.	 	Assignment
	 
	 	 	This Agreement or any part thereof is not assignable by either party without the prior written
consent of the other party.
	 
	11.	 	Entire Agreement
	 
	11.1	 	This Agreement constitutes the whole agreement between the parties as to the subject matter
thereof and no agreements, representations or warranties between the parties other than those
set out herein are binding on the parties.
	 
	11.2	 	No waiver, alteration, or modification of this Agreement shall be valid unless made in
writing and signed by authorized representatives of the parties.
	 
	12.	 	Severability
	 
	 	 	In the event, any provision of this Agreement shall be declared invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall not
in any way be affected or impaired thereby.
	 
	13.	 	Headings
	 
	 	 	The headings of the articles of this Agreement are inserted for convenience only and shall not
be deemed to constitute a part of this Agreement or to affect the construction hereof.
	 
	14.	 	Duration / Termination
	 
	14.1	 	This Agreement will commence on the August 31, 2007 and will endure for a defined period of
11 (eleven) years and 4 (four) months.






Supply Agreement Evergreen Solar, Inc./ Wacker Chemie AG August 31, 2007




 









 





6 


	15.	 	Applicable Law / Jurisdiction
	 
	 	 	This Agreement shall be construed and the legal relations between the parties hereto shall be
determined in accordance with the laws of Germany; the application of the 1980 United Nations
Convention on Contracts for the International Sale of Goods is expressly excluded.
	 
	 	 	Exclusive place of jurisdiction shall be Munich.





	 	 	 
	Wacker Chemie AG

	 	Evergreen Solar, Inc.
	WACKER POLYSILICON
	 	 
	 
	 	 
	Date: July 24, 2007

	 	Date: July 20, 2007
	 
	 	 
	/s/ Ewald Schindlbeck

	 	/s/ Michael El-Hillow
	Ewald Schindlbeck

	 	Michael El-Hillow
	President

	 	Chief Financial Officer
	 
	 	 
	/s/ Reimund Huber
	 	 
	Reimund Huber
	 	 
	Director Marketing & Sales
	 	 







Supply Agreement Evergreen Solar, Inc./ Wacker Chemie AG August 31, 2007




 









 





7 


Appendix A




Solargrade Polysilicon




Specification PCL-NCS (B)




	 	 	 	 	 
	 	 	Annual quantity	 	Price Euro/kg
	Calendar year	 	in kg	 	ex works Burghausen
	2010

	 	[***]
	 	[***]
	2011

	 	[***]
	 	[***]
	2012

	 	[***]
	 	[***]
	2013

	 	[***]
	 	[***]
	2014

	 	[***]
	 	[***]
	2015

	 	[***]
	 	[***]
	2016

	 	[***]
	 	[***]
	2017

	 	[***]
	 	[***]
	2018

	 	[***]
	 	[***]






Prepayment schedule 



The BUYER will prepay the amount of [***] for the total above agreed contract quantity.

The invoices, regarding deliveries up to the annual agreed quantity, will be reduced by [***] with
each shipment. So WACKER  ́s invoice will state the above agreed prices on the invoice, but will make
note, that the BUYER has only to pay the invoice amount reduced by [***].



Regarding to the agreed annual quantities the total prepayment amount of Euro 8 985 600 (eight
million nine hundred eighty five thousand six hundred) has to be paid according to the following
schedule on the account of Wacker Chemie AG :



August 31, 2007 Euro 8 985 600 (eight million nine hundred eighty five thousand six hundred)



In case the BUYER does fail to take the full amount of the agreed annual quantity in one respective
calendar year, WACKER does not have to repay the not absorbed outstanding prepayment (regarding the
respective calendar year), BUYER also doesn  ́t have the right to set this prepayment against
deliveries of the following year.



Supply Agreement Evergreen Solar, Inc./ Wacker Chemie AG August 31, 2007





 









 





8 



Appendix B

General Conditions of Sale



1. Generally:




All our supplies and services as well as our contracts concluded with us are exclusively subject to
the following terms and conditions of sale. Terms of the Purchaser which contradict or which
deviate from our sales terms and which are not expressly recognised by us are not valid even if we
do not expressly object to them. Where a continuing business relationship exists, all future
contracts, supplies and services are also subject to our conditions of sale.



2. Offer Conclusion of Contract:




Our offers are subject to change and non-binding. Orders are only valid if confirmed by using
writing or if recognised by us through the act of delivery. Any additional verbal agreements,
supplements and modifications are also only valid if confirmed in writing.



3. Delivery, Default:



3.1 Unless otherwise agreed, any dates quoted for delivery are non-binding.



3.2 We are entitled to make partial deliveries as far as the Purchaser must reasonably accept this
in the circumstances of an individual case. The corresponding invoices issued are payable without
regard to whether complete delivery has been made.



3.3 In the event delivery is delayed, the Purchaser may set us a reasonable grace period with the
notice that he rejects the acceptance of the delivery item after expiry of the grace period. After
the expiry of the grace period, the Purchaser is entitled to cancel the contract of sale through
written notice or to request damages instead of performance.



At our request the Purchaser is obligated to state within a reasonable period whether he cancels
the contract due to delay in delivery, seeks damages instead of performance or insists on
performance.



3.4 Our liability is set forth in para. 9. Furthermore in the event of slight negligence, our
liability is limited to the invoice value of the respective delivery item.



4. Return of loan packaging:




In the event of delayed return (meaning in the event normal unloading times are exceeded) of
loading equipment, loading tanks and other loan packaging we reserve the right to charge the
Purchaser for the costs incurred by us.



5. Prices:



5.1 Unless otherwise expressly agreed, prices are quoted [***].



5.2 The prices valid [***].



[***].



6. Payment:



6.1 The payment shall be made in Euro to one of our bank accounts indicated on the reverse side.



6.2 Should Purchaser be in arrears with payment, interest for default shall be due and payable at
[***]. We reserve the right to claim further damages. If the interest we claim is higher than the
statutory interest for delayed payment, the Purchaser has the right to demonstrate lower damages
just as we have the right to show that greater damages were incurred.



6.3 Should Purchaser be in arrears with payment or should there be reasonable doubts as to
Purchaser’s solvency or credit rating, we are without prejudice to our other rights — entitled to
require payment in advance for deliveries not yet made, and to require immediate payment of all our
claims arising from the business relation.



6.4 Bills of exchange and cheques shall be accepted upon separate agreement and only by way of
payment. AII expenses incurred in this regard shall be borne by the Purchaser.



6.5 Only uncontested or legally proved claims shall entitle the Purchaser to set-off or withhold
payment.



7. Force Majeure:




Events of Force Majeure, in particular strikes, lock outs, operation or transport interruptions,
including at our suppliers, shall suspend the contractual obligations of each party for the period
of the disturbance and to the extent of its effects. Should me delays caused exceed a period of 6
weeks, both parties shall be entitled to cancel the contract with respect the contractual
performance affected by such delays. No other claims exist.



8. Quality:



8.1 All our data, especially data relating to product suitability, processing and use, as well as
to technical support; have been compiled to the best our knowledge. The Purchaser, however, must
still perform his own inspections and preliminary trials.



8.2 The Purchaser undertakes to examine the goods immediately after delivery with respect to any
defects concerning quality and suitability a purpose and object to ascertainable defects. Sample
testing shall also be performed if this can be reasonably expected of the Purchaser. Failure to
proceed in aforesaid manner shall result in the goods being regarded as accepted.



8.3 Complaints must be made within [***] after receipt of the goods. In case of hidden faults,
however, complaints are to be made [***]. Said claims shall only be taken into consideration if and
when made in writing and with the relevant documentation attached. To comply with the time limit
shall be sufficient if the complaint is sent in good time.




Supply Agreement Evergreen Solar, Inc./ Wacker Chemie AG August 31, 2007





 









 





9 



8.4 We are not liable on the basis of public statements by us, the manufacturer or his agents, if
we were not aware of the statement or were not required to have knowledge thereof, the statement
was already corrected at the time of the purchase decision or the Purchaser cannot show that the
statement influenced his purchase decision.



8.5 We are not liable for defects which only marginally reduce the value or the suitability of the
object. A marginal defect exists in particular if the defect can be removed by the Purchaser
himself with insignificant effort.



8.6 If the Purchaser requests replacement performance due to a defect, we may choose whether we
remove the defect ourselves or deliver a defect-free object as a replacement. The right to reduce
the price or cancel the contract in the event of an unsuccessful replacement performance shall
remain unaffected.



8.7 Where complaints are justified, the goods may only be returned to us at our expense if after we
receive notice of the defect we do not offer to collect or dispose of the goods.



8.8 If increased costs arise because the Purchaser has transferred the goods to a place other than
his commercial place of business, we shall charge the Purchaser for the increased costs in
connection with the remedying of the defect, unless the transfer corresponds to the designated use
of the object.



8.9 Damage and claims for reimbursement of expenses shall remain unaffected as far as not excluded
by para. 9.



8.10 All claims due to a defect are subject on limitation period of [***] after delivery of the
object. No warranty is made for used objects. The statutory limitation period for objects which are
used for a building structure in accordance with their usual manner of use, and which cause the
defectiveness thereof, shall remain unaffected.



8.11 The rights of the Purchaser under §§ 478, 479 German Civil Code remain unaffected.



9. Liability:



Our liability is excluded regardless of the legal grounds.



This shall not apply in the · event of intentional actions or gross negligence by us or our legal
representatives or agents or in the event of a breach of material contractual duties,
In the event of a slightly negligent breach of material contractual duties, our liability is
limited to [***]. For damages due to delayed performance para. 3.4 shall also apply. Our liability
for damages due to injury to life, the body or health, the liability based on a guarantee and under
mandatory statutory provisions, in particular the Product Liability Act, remain unaffected.



10. Reservation ·of Ownership:



10.1 ·The goods that have been sold remain our sole property until all outstanding debts arising
from the business connection with the Purchaser have been paid in full. The Purchaser has power of
disposal of the purchased goods in the ordinary course of business, or he may process the goods
until revocation by us.



10.2 Reservation of ownership and power of disposal, as laid down in clause 10.1, also apply to the
full value of the manufactured goods produced by processing, mixing and blending or combining our
goods. In each case we qualify as the manufacturer. In cases where the goods are processed, mixed
or blended or combined with those of a third party, and where the reservation of the latter
continues to apply, then we acquire joint ownership in proportion to the invoice value of hose
processed goods. If security rights of a third party are in fact or in law below that share, the
difference will be to our benefit.



10.3 If he Purchaser resells our goods to third parties he hereby assigns the entire resulting
payment claim — or in the amount of our joint share therein (see para. 10.2) — to us. In the event
the parties agree on a current account, the respective balance amounts shall be assigned. However,
the Purchaser shall be entitled to collect such payment claim on our behalf until we revoke such
right or his payments are discontinued. The purchaser is only authorized to make assignment of
these claims – even only for the purpose of collection by way of factoring — with our express
written consent.



10.4 The Purchaser shall immediately give notice to us if any third party raises any claim with
respect to such goods or claims which are owned by us.



10.5 [***].



10.6 We are also entitled to take back goods on the basis of the reservation of title, even if we
have not previously cancelled the contract If products are taken back by way of the exercise of the
reservation of ownership, this shall not constitute cancellation of the contract.



10.7 If he laws of the country in which the goods are located after delivery do not permit the
Vendor to retain the title to said goods but allow the retention of other similar rights to the
delivery item, the Purchaser shall provide us with such other equivalent right. The Purchaser
undertakes to assist us in the fulfilment of any form requirements necessary for such purpose.



11. Place of Fulfilment, Applicable Law and Jurisdiction:



11.1 The originating point of the goods shall in each case, be the place of fulfilment for the
delivery. Munich shall he the place of fulfilment for payment.



11.2 Exclusively the laws of the Federal Republic of Germany shall apply between the parties. The
application of the 19890 United Nations Convention on Contracts for the International Sale of Goods
is expressly excluded.



11.3 If the Purchaser is a merchant or does not have a general place of jurisdiction in Germany,
the place of jurisdiction is Munich. We shall, however, have the right to also bring a claim
against the Purchaser at his general place of jurisdiction




Munich, 15th May 2002




Supply Agreement Evergreen Solar, Inc./ Wacker Chemie AG August 31, 2007





 









 





10 




Appendix C , page 1 of 2



Relevant Energy Price index:



[***]



Source:



[***]




Evaluation periods:

[***]

[***]

[***]

[***]




Price Adjustment Table:



CB ... Index value of Basis evaluation period

CN ... Index value of New evaluation period




	 	 	 
	 	 	Price Adjustment
	CN/CB (%)	 	EURO / kg
	[***]

	 	[***]
	[***]

	 	[***]
	[***]

	 	[***]
	[***]

	 	[***]
	[***]

	 	[***]
	[***]

	 	[***]
	[***]

	 	[***]
	[***]

	 	[***]





On the following example for the calculation of the price adjustment the procedure is explained in
more detail.



Supply Agreement Evergreen Solar, Inc./ Wacker Chemie AG August 31, 2007





 









 






11 



Appendix C, page 2 of 2




[***]





Supply Agreement Evergreen Solar, Inc./ Wacker Chemie AG August 31, 2007




 









 











PRODUCT SPECIFICATION




	 	 	 	 	 
	Specification:
	 	PCL-NCS	 	Version: B
	Date of Issue:
	 	10.07.2007	 	 






	 	 	 
	Product

	 	HYPER PURE SILICON, POLY, SOLAR APPLICATION
	 

	 	[***]
	Supplier

	 	Wacker Chemie AG Polysilicon / Site Burghausen
	Manufacturer

	 	Wacker Chemie AG Polysilicon / Site Burghausen





The data presented in this specification are confidential and must not be disclosed to any other
parties without the expressed written consent of Wacker Chemie AG Polysilicon Logistics / Site
Burghausen . This specification is issued and handled by Wacker Chemie AG Polysilicon Logistics /
Site Burghausen; it is valid upon authorized signature by customer and supplier.




agreed upon :




	 	 	 
	Evergreen Solar Inc:
	 	 
	 

	 	 
	 

	 	Name / Position / Date
	 
	 	 
	Wacker Chemie AG:
	 	 
	 

	 	 
	 

	 	Name / Position / Date
	 
	 	 
	Wacker Chemie AG:
	 	 
	 

	 	 
	 

	 	Name / Position / Date






Distribution :




	 	 	 	 	 	 	 	 	 
	 	 	Evergreen Solar Inc	 	Wacker Chemie AG Polysilicon Logistics
	Copies

	 	 	1	 	 	 	1	 






List of Revisions:




	 	 	 	 	 	 	 	 	 
	New issue/Change	 	Description	 	Date	 	Revision
	New issue

	 	 	 	 	29.03.2000	 	 	A
	 
	 	 	 	 	 	 	 	 
	Change

	 	4. Labels/Report on inspection
	 	 	20.07.2006	 	 	B
	 

	 	—> revised values for delivery note	 	 	 	 	 	 
	 

	 	—> revised values for Certificate of
compliance	 	 	 	 	 	 
	 

	 	—> new item 4.3	 	 	 	 	 	 





page 1 of 4









 












PRODUCT SPECIFICATION





	1.	 	Material of Specification and Application
	 
	1.1	 	This SPECIFICATION describes requirements for solar grade silicon material, which is
purchased by CUSTOMER from WACKER.
	 
	1.2	 	In case that either CUSTOMER or WACKER wishes to change all or part of SPECIFICATION, such
party will give notice to the other party [***] prior to the date upon which it wishes such
change to take effect unless otherwise mutually agreed.
	 
	1.3	 	This SPECIFICATION sets acceptance and rejection criteria for all incoming solar grade
silicon material, and supersedes all the previous.
	 
	2.	 	Production Method
	 
	 	 	The delivered silicon chips are produced [***] as feed stock gas.
	 
	3.	 	Values and Analytical methods





	 	 	 	 	 	 	 
	Parameter	 	Values and Units	 	Analytical methods	 	Notes
	Bulk purity and
Resistivity

	 	[***]
	 	[***]
	 	[***]
	 
	 	 	 	 	 	 
	 

	 	[***]
	 	[***]
	 	will be delivered as collective
consignment with
corresponding
collectve lot
numbers.
	 
	 	 	 	 	 	 
	 

	 	[***]
	 	[***]	 	 
	 
	 	 	 	 	 	 
	Surface Metals

	 	[***]
	 	[***]	 	 
	 
	 	 	 	 	 	 
	Resistivity

	 	[***]	 	 	 	 






	 	 	 	 	 	 	 
	Size	 	Length	 	Weight	 	Notes
	[***]

	 	[***]
	 	[***]
	 	[***]






page 2 of 4 









 











PRODUCT SPECIFICATION




	 	 	 
	Parameter	 	Notes
	Surface condition

	 	[***]
	Surface morphology, Discolourations and Stains

	 	[***]
	Foreign substances

	 	[***]
	Weight

	 	[***]
	Packing

	 	[***]







	4.	 	Labels/Report on Inspection

	 
	4.1	 	Labels on [***]
	 
	 	 	The label on the [***] will give the information about






	 	 (1)	 	Manufacturer
	 
	 	 (2)	 	Collective lot number
	 
	 	 (3)	 	Weight
	 
	 	 (4)	 	Guaranteed values for resistivity
	 
	 	 (5)	 	[***]
	 
	 	 (6)	 	Poly grade: Solar Poly
	 
	 	 (7)	 	Article name






	4.2	 	Labels on Pallets
	 
	 	 	The label on the pallet will give the information about






	 	 (1)	 	Manufacturer
	 
	 	 (2)	 	Collective lot number
	 
	 	 (3)	 	Weight of pallet
	 
	 	 (4)	 	Specification number






	4.3	 	Bags and pallets can contain additional labels and/or additional information for internal
purposes
	 
	4.4	 	Delivery Note
	 
	 	 	To accompany each shipment with the information about






	 	 (1)	 	Order number
	 
	 	 (2)	 	Quantity
	 
	 	 (3)	 	Collective lot numbers / Quantity
	 
	 	 (4)	 	Specification number
	 
	 	 (5)	 	[***]






	4.5	 	Certificate of Compliance
	 
	 	 	To accompany each shipment with the information about







	 	 (1)	 	Order number
	 
	 	 (2)	 	Product name




page 3 of 4 









 

















PRODUCT SPECIFICATION





	5.	 	Procedure of Claim Handling
	 
	5.1	 	Generally claims refer to lots.
	 
	5.2	 	Upon receiving a notice of quality problem or a claim notice from CUSTOMER, WACKER
investigates causes of such problem or claim and [***] after receiving a sample of the claimed
lot.
	 
	5.3	 	All the costs incurred relating to any rejection set out in this article are [***].






page 4 of 4