July 13, 2011
This Discontinuation Notice confirms to your company that NXP Semiconductors (NXP) is now discontinuing the manufacture of a number of its integrated circuits and discrete semiconductors listed in the “Part Type Affected” list included with this notification. In accordance with NXP product discontinuation policy, we are hereby giving notice of these product changes so that Customers can adjust their product purchasing records, or make any final lifetime purchases of the discontinued products that can still be supplied by NXP.
While this Discontinuation Notice contains a number of NXP discontinued end-of-life Product Types, the Part Types Affected (PTA) list represents a small percentage of NXP overall semi-conductors product portfolio. Some of these discontinued products have had little to no recent sales history or they are at the end-of-life (EOL) stage. The PTA list may also cover a number of versions or selections of the same basic Product Type.
We regret the inconvenience and impact this notice may cause. NXP Semiconductors' sales, marketing and distribution personnel stand ready to assist you in placing Customers's final orders, or in providing product information you require. On behalf of NXP Semiconductors, we appreciate your understanding and assistance in helping us to help you minimize the impact of this product discontinuation on your company. We look forward to NXP Semiconductors' continued support of your company's semiconductor requirements in the years to come.
"NXP Semiconductors Discontinued Product Terminology: Part Types Affected List" attached.
Last Time Ship and Last Time Delivery dates were not included in the "Part Types Affected" file which was attached to the initial distribution email. Distribution "Parts Types Affected" files have been corrected and now include all relevent discontination information.
Customers can also access the ePCN and DN data via the NXP Semiconductors Extranet web site.
Affected products and sales history information: see attached file
Additional documents: view online
Timing and Logistics
If NXP has not received comment before 11-Aug-2011 this will be taken as your agreement to change.
Terms and Conditions
Last Time Buy Terms and Conditions
Carefully review this information and notify your purchasing offices and buyers to place your company's final purchases for available discontinued products with NXP as soon as possible according to the following last time buy terms and conditions.
Last time ordering conditions may vary by product. Refer to Parts Types Affected List. The Last Time Buy Date automatically expires when the final available discontinued part type inventory quantity or production unit has been scheduled and/or sold by NXP.
1. DELIVERY DATES:
Last time delivery conditions may vary by product. Refer to the above coding information covering Column 9 of Exhibit “A”. NXP final delivery date(s) may be affected by limited supply conditions.
2. ORDER PLACEMENT:
Discontinued product orders placed with NXP are to be clearly identified as a "Last Time Buy" order. Each order must: (a) reference NXP Discontinuation Notice that applies (b) contain your company's requested delivery dates per this notice; (c) be within the minimum order quantity requirements in an existing volume purchase agreement or meet NXP' standard minimum order policy; and (d) otherwise conform to all other applicable conditions in this notice.
The unit sales price for purchase of the available discontinued products covered by this notice will be as follows:
a.) If a current signed volume purchase agreement is on file in NXP contracts-legal department, the unit price will be the effective agreement part type unit price for any unordered product quantities covered by such agreement. For quantities beyond the applicable unordered volume agreement quantity, the unit price will be subject to negotiation.
b.) If a valid offer-to-sell standalone quote is still in effect during the last time ordering period, the unit price shall remain as originally quoted by NXP for the offered part type quantities until the quote has expired, or until the quoted quantities have been purchased.
c.) Where a volume purchase agreement or a NXP standalone quote is not in effect, the product unit price will be subject to NXP individual price quotation of your company's last time buy requirements.
4. ACKNOWLEDGEMENT & DELIVERY:
NXP will acknowledge (“Confirm”) each acceptable discontinued product order in writing or by electronic data interchange ("EDI"), and NXP will use its good faith efforts to meet your company's requested delivery date(s) wherever possible. However, NXP confirmed delivery date(s) are deemed to be approximate because of the special circumstances associated to last time product manufacturing conditions.
5. ORDER ACCEPTANCE/CHANGECONDITIONS:
a) NXP will accept last time discontinued products orders from your company as "Firm and Final". As such, these discontinued products orders will not be subject to reschedule, cancellation, or termination by your company without NXP prior written authorization and payment of termination charges for the ordered discontinued products at the full product unit sales price.
b) NXP reserves its right to make changes in NXP confirmed scheduled delivery dates, or to terminate any remaining undelivered quantities of your company's last time buy order(s), at any time, due to changes in NXP last time manufacturing capabilities, or for commercially impracticable circumstances, which makes delivery not feasible.
The following priority supply conditions apply to final buy quantities for available discontinued products.
a) FIRST: The quantities in any existing unfilled orders and contracts acknowledged by NXP will be honored, then
b) NEXT: The unfilled quantities in any volume agreement(s) or quantities in unexpired standalone quote(s) will be accepted, and
c) FINALLY: NXP shall, where possible, reasonably accept additional quantities of discontinued product order quantities that NXP quotes based upon your company's identified requirements.
IN THE EVENT OF CONFLICT FOR LIMITED AVAILABILITY DISCONTINUED PRODUCTS, THE QUANTITIES FOR NXP CUSTOMER’S, OR NXP DISTRIBUTOR’S, ORDERS WILL BE DETERMINED BY NXP ON A "FIRST-COME FIRST-SERVE BASIS". THESE DISCONTINUED PRODUCTS ORDER QUANTITIES WILL ALSO BE SUBJECT TO NXP AVAILABLE INVENTORY AND REMAINING MANUFACTURING CAPACITY FOR THE DISCONTINUED PRODUCTS.
7. DISTRIBUTION SALES:
If you are a NXP distributor customer, please contact your authorized NXP distributor sales representative for assistance in planning and making any last time purchase(s) of available discontinued products. Such purchases are to be negotiated solely between your company and the distributor. You may also find additional information about NXP discontinued products on our discontinued products Internet web site at:
http://www.nxp.com/products/eol/ or Extranet site link
8. LIMITED WARRANTY:
All discontinued product orders subject to this notice shall carry (a) NXP standard limited warranty as contained in NXP order acknowledgement or confirmation form, or (b) the applicable warranty set forth in a duly executed formal contract between NXP and your company; provided that:
a) NXP will accept all valid discontinued product warranty claims for credit only, unless a replacement order is otherwise agreed to by NXP and the replacement product(s) can still be manufactured or otherwise delivered from NXP remaining product inventory; and
b) The applicable warranty period for making any return claims for discontinued products subject to this notice will be no longer than ninety (90) days following final delivery date of the discontinued products; and
c) Any return claims must be made under NXP current Return Material Authorization ("RMA") procedures.
d) Except for NXP special distributor stock rotation policy returns only, there is no restocking of purchased discontinued product quantities allowed by NXP from its customers or from its distributors.
Disclaimer and Additional Provisions
Except as provided for elsewhere in this notice, the applicable terms and conditions of sale for NXP discontinued products will be the unmodified standard terms and conditions in NXP order acknowledgement or order confirmation form, incorporated herein in its entirety by this reference. Otherwise, the applicable, the terms and conditions contained in a duly signed contract in force between our companies shall apply.
NXP SEMICONDUCTORS ACCEPTS NO LIABILITY FOR EXCESS REPROCUREMENT COSTS, LABOR COSTS, OR LIABILITY FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER ASSOCIATED TO NXP DISCONTINUED PRODUCTS, OR ASSOCIATED WITH NXP FINAL MANUFACTURE AND PERFORMANCE AGAINST ANY LAST TIME BUY ORDERS RELATED TO THE DISCONTINUED PRODUCTS COVERED BY THIS NOTICE.
Contact and Support
For all inquiries regarding this quality notification or the products concerned please contact our Global Quality Support team .
At NXP Semiconductors we are constantly striving to improve our product and processes to ensure they reach the highest possible Quality Standards.
Customer Focus, Passion to Win.
NXP Quality Management Team
About NXP Semiconductors
NXP Semiconductors N.V. (NASDAQ: NXPI) provides High Performance Mixed Signal and Standard Product solutions that leverage its leading RF, Analog, Power Management, Interface, Security and Digital Processing expertise. These innovations are used in a wide range of automotive, identification, wireless infrastructure, lighting, industrial, mobile, consumer and computing applications. A global semiconductor company with operations in more than 25 countries, NXP posted revenue of $4.4 billion in 2010.
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