Terms and Conditions
GENERAL TERMS AND CONDITIONS OF SALE
Definition of Terms
2. “placement” by Purchaser shall include the physical movement and setting in place of equipment in Purchaser’s facility.
3. “delivery” shall take place when the goods arrive at the Purchaser’s dock
4. “acceptance” shall take place after tool has been installed at Purchaser’s site, setup and testing is complete, and the equipment has been placed in good working order and is ready for use.
Placing an Order
• Purchaser shipping address, together with the name and phone number of the contact person
• Purchaser billing address, together with the name and phone number of an accounts-payable contact person
Prices and Terms of Payment
Payment for purchases shall be made by bank transfer.
• 90% of the total amount shall be due within 30 days of the date of the shipment
• 10% of the total amount shall be due within 30 days from the date of the delivery/final acceptance
Purchaser shall bear all costs and charges especially freight and insurance arising from shipment of the goods from the port of dispatch to the port of destination. Shipment and insurance are arranged by the Purchaser. Per Purchaser’s request Seller shall give a quotation for freight and insurance costs and arrange shipment according to Purchaser’s requirements.
Placement and Delivery
Prior to completion of Acceptance, Seller will provide Purchaser appropriate operator training, if necessary, for the equipment. Failure of Purchaser to provide facilities or personnel for training in the operation of equipment during the normal installation period may result in additional installation and checkout charges.
This limited warranty does not include service to repair damage to the equipment resulting from accident, disaster, misuse, storage and delay of startup >90 days, abuse or modification of the equipment. Limited warranty service may be obtained by notifying Seller of defects in material during the warranty period. If repair parts are to be exchanged by mail, Purchaser agrees to insure returned parts or assume risk of loss or damage in transit, to prepay shipping charges to the Seller and to use appropriate shipping materials and containers.
Semilab has developed and owns the rights to certain equipment, modules, and products related to metrology for the characterization of semiconductor, flat panel display and photovoltaic materials, for monitoring the manufacturing process of semiconductor devices, display and solar cells, and/or for research and development in these areas (“Products”).
The Purchase does not grant any express or implied rights or license to the Buyer to or under any trade secrets, patents, patent applications, inventions, copyrights, trademarks, trade secret information, works of authorship, or other intellectual property rights heretofore possessed by Semilab or other information which is identified as confidential by the Seller or that a reasonable person would consider confidential by the nature of the information or the circumstances of its disclosure. All Intellectual Property Rights are and shall remain the sole and exclusive property of Semilab and expressly reserves all of its right to any such patent, patent claim, intellectual property or confidential information. Purchaser agrees to notify Seller promptly in writing of any third-party claims that any Purchaser’s product(s) infringes upon that party’s intellectual property rights.If Buyer should breach or threaten to breach any of the provisions of this Section, Seller in addition to any other remedies it may have at law or in equity, will be entitled to a restraining order, injunction, or other similar remedy in order to specifically enforce the provisions of this Section. Buyer specifically acknowledges that money damages alone would be an inadequate remedy for the injuries and damage that would be suffered and incurred by the Seller as a result of a breach of any of the provisions of this Section. In the event that Seller should seek an injunction hereunder, Buyer hereby waives any requirement for the submission of proof of the economic value of any Confidential Information and acknowledges that Semilab restrained or compelled by such relief will suffer minimal monetary harm.
For customer configured systems: 25% of total order value for cancellation from order placement to 90 days prior to shipment; 40% of total order value for cancellation between 90 days and 30 days prior to shipment; 60% of total order value for cancellation received during the 30 days prior to scheduled ship date.
Rescheduling of system shipment for more than 90 days will be considered as order cancellation.
Termination of support
After this 8 year period, the tool is also considered as an obsolete product.
Measurement service has two categories:
- Demo measurement
- Paid measurement service
Report includes measurement principle, Semilab system description, specific result and might include suggested Semilab system configuration (in case of Demo measurement).
In case of Demo measurement, the report shows to our customer the capabilities of our metrology system and show the potential benefits by using the equipment inside customer’s factory. Report might help to indicate the return of investment by buying Semilab system.
In case of Paid measurement service, the report shows the values, parameters, tables, charts what was requested by the customer. The result showed in the measurement report might help the customer to fine their sample preparation processes and/or show potential errors inside their production.
The process includes the following:
- Customer provides information about the samples to be measured. Based on it Semilab suggests the suitable metrology system(s) for the measurement service. Sample preparation (if any) to be discussed as well after this agreement.
- Samples provided and sent by the customer to the product center (Hungary, China or USA).
- Sample preparation (if needed) performed by Semilab personnel. Measurement and analysis are performed based on the mutual agreement.
- As a final document measurement report is provided to the customer in PDF format.
Raw data might be shared with the customer only in case of two below circumstances stands:
- This data has relevant further information for the customer which cannot be collected from the report itself.
- It does not include information which disclose disproportionately much information about the measurement technique itself.
The characteristics of samples provided to Semilab by the Customer and the measured data will be treated confidential under all circumstances, not shared with third party.
Samples after measurement service shall upon respective request of the Customer either be returned to Customer or left at Semilab. In the lack of returning request after 3 years of storage Semilab regards it a waiver by the Customer of his rights to property and shall be able to dispose of property as an owner.
Semilab Information Security Control System
Protection policies include but are not limited to the following:
- All projects apply the principle of minimum necessary access in regards to data provided by the Customer; only the minimum number of colleagues necessary have access to such data.
- Customer data storage is logically separate from that of all other business partners.
- User access to the IT systems of Semilab Ltd. is controlled, and the access of users that have been inactive for 90 days is suspended.
- Access to IT systems is restricted by single-factor protection at least. In case of password handling, a complexity in accordance with industry recommendations is defined. In case of single-factor systems, passwords are changed every 180 days at most.
- Semilab Ltd. operates a virus protection system with an up-to-date database on its IT systems.
- Protection against unwanted intrusions is used (firewalls).
- Semilab Ltd. makes backup copies of all data stored on its IT systems. On the backup data, regular data restoration tests are performed.
- On the sites of Semilab. Ltd. physical protection systems proportionate with the pertaining risks are in place. Semilab identifies and surveys all persons entering these manufacturing and research facilities.