Terms and Conditions of Sale
Warranty:
(14) Day Parts Warranty (Please see attachment “B”). Heaters, lamps, and ESC’s are considered consumable parts and are not
covered by the warranty. Process kits are consumable parts and not covered by the warranty.
Installation:
Installation will begin after the customer has moved equipment into the Fab. Customer is responsible for all required facilities; ADP
Dynamics would make the final connections, and complete Tier II qualification. Installation schedule will be provided prior to starting
the install and is typically 4-8 weeks.
Travel:
All travel expenses related to the installation of a system are included in the sales price of the system. In other cases the travel expenses
are quoted as a separate line item. In the event of a delay of more than 2 days, which was not caused by ADP Dynamics, the customer
will be responsible for additional travel expenses.
Software:
In the event that software is required, Applied Materials software License Agreement may be purchased directly from Applied Materials
or through ADP Dynamics.
Shipping:
FOB: Peoria, Arizona USA.
Ship Date: 8 weeks after receipt of first payment with purchase order.
Buyer is responsible for all transportation expenses, including but not limited to, crating, shipping and insurance. Buyer assumes
responsibility for all risk of loss or damage to the system during transit.
Payment Terms:
Payment of 70% is due with placement of purchase order. Final 30% will be due upon acceptance of the system net 15 days or
whenever the customer begins running any production wafers, whichever comes first. In the event of a delay not caused by ADP
Dynamics, final payment shall be due in full 10 days from shipment. ADP Dynamics retains a security interest in the products listed in
this quote until the customer has made payment in full. ADP Dynamics reserves all rights granted a secured creditor under the Uniform
Commercial Code. Any unpaid invoices that are over 30 days past the due date shall be subject to a late payment charge of one and a
half percent (1.5%) per month from the due date.
Taxes and Import \ Export:
Customer is responsible for all duties; taxes, fees and VAT required currently or that may be imposed in the future.
Cancellation:
In the event that the buyer elects to cancel this contract, a request must be made in writing. Buyer agrees to the follow cancellation
penalty: within 2 weeks of ship date- 70%, within 4 weeks of ship date- 50%, greater than 4 weeks from ship date- 40%.
Availability:
System is subject to availability and or prior sale without notice. This quotation is valid for 30 days from date of quote.
Disclaimer:
In the event that parts are needed for the project which may only be available from Applied Materials®, ADP Dynamics may request that
the customer order them directly from Applied Materials® and supply them to ADP Dynamics during the refurbishment or install
process; whichever is required. Cost of any parts to be purchased from Applied Materials, on behalf of ADP Dynamics will be deducted
from the cost of the project. ADP Dynamics is not an authorized agent of Applied Materials ® Corporation.
ADP Dynamics’ Equipment Warranty covers refurbished equipment sold by ADP Dynamics. ADP
Dynamics warrants that the equipment sold to be free of defects in workmanship. ADP Dynamics will provide
required replacement parts excluding consumable items, for a period of twelve (12) days after date of
acceptance.
The equipment is considered accepted after all of the acceptance criteria, as stated on the quotation, has
been met. In the event that the equipment is used to run wafers, other than those required for the acceptance, the
warranty period will start as of the date that the wafers were run.
Warranty coverage is limited to Monday through Friday, 8am to 5pm of the nearest regional office. ADP
Dynamics first response for a warranty call is phone support within 8 business hours after the call is placed.
Replacement parts will be shipped to the customer within 3 business days 90% of the time. ADP Dynamics may, at
its discretion, elect to repair the part in question. ADP Dynamics will make every attempt to expedite the repair
process. All warranty repair parts will be scheduled at the front of our production schedule. Warranty replacement
or repaired parts shall be limited to equipment malfunctions, which, in the sole opinion of ADP Dynamics, are due
or traceable to defects in original materials or workmanship. Warranty repaired or replaced parts are warranted
only for the remaining duration of the original warranty period.
All obligations of ADP Dynamics under this warranty shall cease in the event of abuse, accident, alteration,
misuse or neglect of the equipment. The terms of the warranty require that the equipment be installed by ADP
Dynamics Reasonable care must be used to avoid hazards. ADP Dynamics expressly disclaims responsibility for
loss or damage caused by not meeting all utility and environmental requirements of the products or use of the
products other than in accordance with proper operating procedures. Under no circumstances shall ADP Dynamics
be liable for any lost profits or other possibility of such damages.
Statements, expressed or implied by any person, including employees or authorized representatives of the
ADP Dynamics, which are inconsistent or in conflict with this warranty, shall not be binding upon ADP Dynamics
unless said statement is put in writing and approved by the ADP Dynamics.