Common use of Wafer Acceptance Testing Clause in Contracts

Wafer Acceptance Testing. Acceptance testing of the Contract Wafers delivered to Company will be performed within forty-five (45) days of receipt. Foundry will certify to Company with each shipment that the Contract Wafers contained in the shipment have successfully passed the applicable Probe Program and the Quality and Reliability Standards. If Company rejects any Contract Wafer, and Foundry verifies that a Wafer has a different NDW than certified by Foundry, then Company and Foundry will confer and determine the reason for the rejection or the inaccurate count of NDW. Foundry will immediately exercise its commercially reasonable efforts to develop and implement a corrective action plan for any errors, including manufacturing errors or defects identified in its systems. All Wafers that are properly rejected due to failure to meet Wafer Standards and that are confirmed by Foundry to be nonconforming may be returned to Foundry for a refund of the purchase price stated in the applicable Supplement, plus Company’s shipping cost, or may be retained by Company subject to an agreed upon credit being issued by Foundry. For such properly rejected Wafers that Company returns to Foundry for a refund of the purchase price, Foundry will be responsible for Company’s shipping cost, customs and export costs and insurance. Title and risk of loss or damage to RMA material will pass to Foundry at Company’s docks.