AMD 2004 Annual Report Download - page 282

Any reschedules on less than thirty (30) days prior notice shall be subject to reschedule fees payable to FASL in an amount set by FASL in advance of AMD’s
placement of the applicable Purchase Order. FASL will also determine reschedule policies, procedures and rights and charges with respect to Custom Products in
advance of AMD’s placement of the applicable Purchase Order. FASL will inform all distributors of its reschedule policies in respect of Standard Products and
Custom Products and apply such policies to all distributors although the parties acknowledge that exceptions may be made on a case-by-case basis to address
particular Customer situations. The Parties will discuss in good faith any rescheduling of delivery of Custom Products, or of Standard Products where notice of
rescheduling is given less than thirty (30) days prior to the applicable delivery date, requested by AMD, but the final determination will be FASL’s.
3.4 Shipping. FASL shall notify AMD at the time of shipment as to the quantity of Product(s) shipped and the specific shipping information. Shipping
quantities may not vary from those established by the Purchase Order unless otherwise mutually agreed upon in writing by the Parties. FASL shall deliver the
ordered Product by the applicable delivery date(s), provided that FASL may not deliver such Product earlier than the delivery date specified in the applicable
Purchase Order. Upon a bona fide, reasonable, ****, AMD may specify that Product shipments may not be late and if FASL has agreed in advance for **** that
a particular shipment—or shipments in general **** —will be subject to timeliness requirements, then in the event that any shipment is delayed and not timely,
AMD may direct FASL to ship such Products by reasonable premium transportation designated by AMD and FASL shall bear the reasonable expense of any
difference in cost due to such premium transportation. FASL shall ship the ordered Product(s) to the delivery address(es) set forth in the applicable Purchase
Order.
3.5 Title and Risk of Loss.
3.5.1Shipment from FASL Facility Directly to Customers or Stocking Channel Partners. Delivery of Products from any FASL facility directly to
Customers or Stocking Channel Partners, or to AMD’s ****, shall be **** in accordance with INCOTERMS 2000, unless otherwise agreed in writing by the
Parties, and title and risk of loss shall pass from FASL to AMD ****, which shall be ****, a **** or a ****.
3.5.2Shipment from Product Distribution Centers. Delivery of Products from any Product Distribution Center to a Customer or a Stocking Channel
Partner, or to AMD’s ****, shall be **** in accordance with INCOTERMS 2000, unless otherwise agreed by the Parties, and title and risk of loss shall pass
from FASL to AMD **** at **** at the ****, in accordance with ****, as interpreted in accordance with INCOTERMS 2000. Without limiting the foregoing,
AMD will bear **** attributable to **** from the **** to a ****. FASL will bear **** to ship Products directly from FASL, a FASL Subsidiary or a FASL
subcontractor facility to the Product Distribution Center, the AMD Sub ****.
4. FORECASTS; PRODUCT ALLOCATIONS
4.1 Forecasts. AMD working together with FASL shall, on or before the end of the last week of the first month of each Quarter, provide FASL with a
non-binding forecast (a
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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 the exhibit has been filed separately with the Securities and Exchange Commission.
Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2005