DISCO's guarantee policy for customer using DISCO Products
DISCO CORPORATION ("DISCO") will provide compensation for damages ("Damages") in accordance with the "Terms of Responsibility" in below in case that a product sold or leased by DISCO ("DISCO Products") to customer causes any damages, defectiveness, or destruction ("Defects") to customer's products or products in progress, etc., regardless of whether or not the DISCO Products are under warranty.
However, Damages will not include loss of opportunity, loss of profit, damages caused by exceptional circumstances, incidental damages, consequential damages, etc., and DISCO will not be liable for the compensation of them under any circumstances.
In addition, DISCO will only be liable for the compensation under and subject to the Defects objectively being proved that they were due to the reasons attributable to DISCO (initial failure, improper design, unachieved specification, etc.).
Notwithstanding the foregoing, in the case that customer and DISCO agree with different terms and conditions relating to the Damages on or after August 14, 2015 (the publish date of this policy on this HP), such different terms and conditions will be applied.
Terms of Responsibility
DISCO will compensate the actual Damages of the devices in the defective wafers up to, whichever lower, the total amount of the price of first twenty five (25) pieces of wafers or the total amount of the price of the wafers in the first cassette processed on or after the occurrence of the Defects in the customer products or products in progress, etc.
However, under any circumstances, the amount of the compensation for the Damages shall not exceed ten (10) % of the sales price of the equipment or parts caused the Defects, or ten (10) times the purchase price of twenty (20) precision processing tools (blades, etc.) caused the Defects. For avoidance of doubt, in the case that DISCO Products caused the Defects are the wheels, the terms of "ten (10) times" aforementioned shall not be applied and the amount of the compensation for the Damages shall not exceed the purchase price of twenty (20) wheels caused the Defects.
In addition, DISCO will only be liable for the compensation under and subject to the following terms:
(i) Not using DISCO Products in erroneous environment, condition, or methods;
(ii) DISCO Products were not transported or moved by Customer itself after those installation or start-up by DISCO;
(iii) Customer using the precision diamond tools (eg; blades, wheels) manufactured and sold by DISCO;
(iV) Customer not using the parts other than genuine DISCO brand, which were manufactured by or purchased from any other parties than DISCO;
(V) Seven (7) years have not passed from the shipment of the defective DISCO Products;
(Vi) Defective DISCO Products have not been repaired or modified (excluding the repair or modification by DISCO or that with written consent of DISCO);
(Vii) DISCO Products have never been maintained by any other parties than DISCO, and the Defects are arisen despite of customer making the proper maintenance for the DISCO Products according to the manuals provided by DISCO and such fact is proved by objectively recorded evidence;
(Viii)Defects are not caused by Customer's failure in replacement of lifetime parts and consumables due to exhaustion, abrasion, deterioration etc;
(iX) Defects are not caused by Customer's processing methods and conditions without involvement of DISCO;
(X) Customer not continuing the use of the defective DISCO Products despite realizing the Defects;
(Xi) Customer's process is objectively confirmed as appropriate from the point of prevention or discovery of the Defects and avoidance of increase in the damages; and
(Xii) Defects are not unforeseeable from perspective of science and technology standards at the time of shipment from DISCO side.