Product Discontinuation Notice Number DN-50
December 31, 2003
Attention: Purchasing Manager or Philips Semiconductors' Products Manager
Subject: Product Discontinuation Notice Number DN-50
Dear Philips Semiconductors Customer or Distributor:
This letter confirms to your company that Philips Semiconductors is discontinuing the manufacture of a number of its' integrated circuits and discrete semiconductors listed on Exhibit A to this letter. In accordance with Philips Semiconductors' ("Philips") product discontinuation policy, we are hereby giving notice of these product changes so that your company can adjust its product purchasing records, or make any final lifetime purchases of the discontinued products that still can be supplied by Philips.
While Exhibit A contains a number of Philips discontinued end-of-life part types, this list represents a small percentage of Philips' overall semiconductor product portfolio. Many of these discontinued products have had little or no recent sales history, or they are at their end-of-life ("EOL") stage. The Exhibit A parts list may also cover a number of versions or selections of the same basic product.
Special Alert: On December, 12, 2003, a fire occurred at one of the buildings of the Philips Semiconductors' fabrication facility at Caen, France. Due to this fire, a certain limited number of the products on this DN-50 notice may be affected as to their final last time buy product availability. Once the full impact of this fire has been determined, Philips Semiconductors will issue an Addendum to this DN-50 notice with such additional part type information.
A. DISCONTINUED PRODUCT NOTIFICATION
Philips Semiconductors has an extensive discontinued products ("EOL") public web-site that contains recent product discontinuation notices and other general information about Philips discontinued product policy and process. This DN-50 product discontinuation notice can also be found on this web-site after December 31, 2003. Additionally, any updated information concerning this DN-50 notice, and its listed discontinued products, will be posted onto this web-site as such information may become available. We encourage you to visit our e-business discontinuation site at the following Philips' internet address:http://www.nxp.com/eol
B. DISCONTINUED PRODUCTS: EXHIBIT "A" CODING
The attached information, format and coding structure applies to Exhibit A and to this DN-50 notice. This format is designed for improved data sorting of key information and coding fields as described below:
1. Philips' Type Number: (Column 1):
The first column contains Philips full part number as carried by Philips part number system ("Impulse System").
2. Philips North America (N. A.) Part Number (Column 2):
Certain older Philips' part types may also be sold under Philips North America's part number system and may carry duplicate part number identifiers. In the event that there is a different North America callout for some of these products, two different part numbers will be shown for the same Philips' discontinued Type Number (e.g. Philips' Type Number and Philips' North America Part Number represent the same product being discontinued). If there is a blank in the North America ("NA") Part Number column for a Philips' Type Number, then a unique North America Part Number for that Philips' Type has not been identified.
3. Philips' Part Number Description (Column 3):
This column lists Philips' short product description ("SSPD") or a brief product description of the discontinued product supplied by the product group.
4. Philips' 12NC Number (Column 4):
Exhibit A also includes a column designated as "12NC Number". This number represents Philips Semiconductors' master internal manufacturing control identification number for reference to each part type, or version of the part type (end part number), being discontinued.
5. Discontinuation Type Code: (Column 5):
Code "T": Discontinuation of full Philips' Type & North America Part Number: All Part Type packaging and packing options are discontinued.
Code "N": One of the part type packaging options is pruned (at least one other packaging or packing option of the same product is still available).
6. Source Code (Column 6):
Code "M": Discontinued products covered by this notice considered to be industry multiple-source products are coded with an "M" in the "Source Code" column in Exhibit A.
Code "S": Discontinued products known as industry sole-source products are coded with an "S"
Code "C": Customer specific products are designated with a "C". A customer specific product is a part type that is uniquely produced or processed by Philips for a specific customer only.
7. Source Code (Column 7):
Non-Availability - Code "1": Some part types may not be available and are identified with a not-available, (Code 1). Philips can no longer produce Code 1 products and no supply exists for various reasons such as "not acceptable product quality" or "unique manufacturing restrictions". Code 1 products cannot have a last time buy for commercially impracticable reasons. For record data sorting purposes only the date of Philips DN notice is entered for Code 1 Products as the last time ordering and delivery dates (zero days notice applies).
Limited Availability - Code "2": For limited availability products, a unique manufacturing or limited inventory or time condition exists. Where limited availability coded products are still manufacturable, a limited quantity of the product has been, or will be, produced within Philips Semiconductors' remaining capacity to meet our customers or distributors commercially reasonable last time buy orders. These Code 2 products shall be scheduled on a first-come/first-serve basis until the remaining part type manufacturing capacity or inventory is depleted. When the inventory for the limited availability product is depleted, no additional last time buy orders can be supplied by Philips.
Standard Availability - Code "3": Code 3 products have no known supply restriction and last time customer and distributor orders can be met according to Philips' discontinued product (DOD) policy.
Last Time Buy ("LTB") - (Column 8):
This column lists the last time order date for the discontinued product. Unless a Non-Availability (Code 1) or Limited Availability (Code 2) shorter time period applies, Philips allows a six (6) month last order period for multiple-source ("M") products, a nine (9) month last order time period for sole-source ("S") and customer specific ("C") products. All LTB dates are measured from the date of this notice (ie: December 31, 2003). Dates are shown as "date-month-year".
Last Time Delivery Period (Column 9):
The last delivery date for the discontinued products is listed in Column 9. Unless a limited availability condition and shorter time period is indicated, Philips allows a twelve (12) month delivery time period for discontinued products measured from the date of this notice (eg: twelve months from December 31, 2003).
Suggested Replacement Part (Column 10):
This column contains any known Philips' or industry replacement products for the discontinued Philips' Type numbers. This is "reference only" information. Philips replacement part designation is NOT intended as a statement of warranty indicating that the listed replacement products meet the same form, fit, function or performance of the discontinued product until such time as Philips' customers or distributors qualify such products to their specifications. Contact Philips' local sales or marketing representatives for further assistance concerning any replacement products.
Notice Comments (Column 11):
This area includes any additional information about the discontinued products.
C. 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 Philips as soon as possible according to the following last time buy terms and conditions.
GENERAL: Last time ordering conditions may vary by product. Refer to Exhibit A. The Last Time Buy Date automatically expires when the final available part type inventory quantity or production unit has been scheduled and/or sold by Philips.
1. DELIVERY DATES:
Last time delivery conditions may vary by product. Refer to the above coding information covering Column 9 of Exhibit A. Philips final delivery date(s) may be affected by limited supply conditions.
2. ORDER PLACEMENT:
Discontinued product orders placed with Philips Semiconductors must be clearly identified as a "Last Time Buy". Each order must: (a) reference DN-50; (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 Philips Semiconductors' standard minimum order policy; and (d) otherwise conform to all other applicable conditions in this notice.
3. PRICING:
The unit sales price for purchase of the available discontinued products covered by this notice will be as follows:
a.) If a current volume purchase agreement is on file in Philips Semiconductors' 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 Philips 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 Philips' standalone quote is not in effect, the Product unit price will be subject to Philips' individual price quotation of your company's last time buy requirements.
4. ACKNOWLEDGEMENT & DELIVERY:
Philips Semiconductors will acknowledge each acceptable discontinued product order in writing or by Electronic Data Interchange ("EDI"), and will use its goof faith efforts to meet your company's requested delivery date(s) wherever possible. However, Philips Semiconductors' acknowledged delivery date(s) are deemed to be approximate because of the special circumstances associated to last time product manufacturing conditions.
5. ORDER ACCEPTANCE/CHANGE CONDITIONS:
a.) Philips Semiconductors 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 Philips Semiconductors prior written authorization and payment of termination charges for the ordered discontinued products at the full product unit sales price.
b.) Philips Semiconductors reserves its right to make changes in the 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 Philips Semiconductors' last time manufacturing capabilities, or for commercially impracticable circumstances, which makes delivery not feasible.
6. QUANTITIES:
The following supply conditions apply to final buy quantities for available discontinued products.
a.) FIRST: The quantities in any existing unfilled orders and contracts acknowledged by Philips Semiconductors 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: Philips will shall, where possible, reasonably accept additional quantities of discontinued products that Philips Semiconductors quotes based upon your company's identified requirements.
7. DISTRIBUTION SALES:
If you are a Philips Semiconductors' distributor customer, please contact your authorized Philips' 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 with the distributor. You may also find additional information about Philips Semiconductors' discontinued products on our discontinued products internet web-site at: "http://www.nxp.com/eol"
D. LIMITED WARRANTY
All discontinued product orders subject to this notice shall carry (a) Philips Semiconductors' standard limited warranty as contained in Philips Semiconductors' order acknowledgement or confirmation form, or (b) the applicable warranty set forth in a duly executed formal contract between Philips Semiconductors; provided that:
Philips Semiconductors will accept all valid discontinued product warranty claims for credit only, unless a replacement order is otherwise agreed to by Philips and the replacement product(s) can still be manufactured or otherwise delivered from Philips' remaining product inventory, and
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 delivery of the discontinued products, and
Any return claims must be made under Philips Semiconductors' current Return Material Authorization ("RMA") procedures.
E. DISCLAIMER AND ADDITIONAL PROVISIONS
Except as provided for elsewhere in this notice, the applicable terms and conditions of sale for Philips' discontinued products will be the unmodified terms and conditions in Philips Semiconductors' standard 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.
PHILIPS SEMICONDUCTORS ACCEPTS NO LIABILITY FOR EXCESS REPROCUREMENT COSTS, LABOR COSTS, OR LIABILITY FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER ASSOCIATED TO PHILIPS SEMICONDUCTORS' DISCONTINUED PRODUCTS, OR ASSOCIATED TO PHILIPS FINAL MANUFACTURE AND PERFORMANCE AGAINST ANY LAST TIME BUY ORDERS RELATED TO THE DISCONTINUED PRODUCTS COVERED BY THIS NOTICE.
F. CORRECTION & REACTIVATION OF PREVIOUSLY DISCONTINUED PRODUCTS
From time-to-time, Philips may elect to reactivate a previously discontinued product, or we may identify additional information to help clarify a previously discontinued product. Such product re-activation or additional information is made directly onto Philips public internet EOL web-site at the time such product information becomes available by our product market representatives. Refer to Philips' EOL internet web-site for any Philips' product reactivation or other updated information concerning our previously announced discontinued products.
Attached to this DN-50 notice is an Exhibit B that lists certain reactivated products and/or general product clarification information concerning previously Philips Semiconductor's discontinued product notices.
For specific product inquiries in this notice, contact your local Philips Semiconductors' sales or distributor representative. General questions regarding this discontinuation notice should be referred to myself, or to Ms. Patricia Griffin, Philips Semiconductors' Contracts Department, San Jose, California at: Phone: (408) 474-8108, Fax: (408) 474-8325, Email: 
Patricia Griffin.
Our account management, sales, marketing and distribution personnel stand ready to assist you in placing your company's final orders, or in providing discontinued product information you require. On behalf of Philips Semiconductors, we regret any inconvenience that this DN-50 notice may cause your company, and 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 Philips' continued support of your company's semiconductor requirements from our extensive product portfolio in the years to come.
Very truly yours,
PHILIPS SEMICONDUCTORS
Craig Ash
December 31, 2003
Enclosures:
Exhibit A - DN-50 Discontinued Product List Dated December 31
Exhibit B - Correction -Reactivation of Previously Discontinued Products
Contracts-Legal Department
Email: Craig Ash