Common use of Pricing and Payment Terms Clause in Contracts

Pricing and Payment Terms. 6.1 The purchase price of Wafers charged to MPS shall be in accordance with the terms of the relevant ASMC price quotation agreed to by the Parties for the relevant lots of Wafers purchased. Each Agreed Price Quotation, which shall reference this Agreement, shall be attached to this Agreement and shall be successively numbered as Appendix A-0, X-0, X-0 etc. 6.2 Payment term is determined according to credit check. MPS will use L/C as the payment term in first three month of production. After three months of production, ASMC will review MPS’s credit and determine if give MPS T/T 30 days credit payment term in next phase. ASMC has the right to change the payment term in case MPS has not made the payment according to the agreed upon time. Any late payment for Wafers shall be subject to interest charges of 1.5% per month. All bank charges outside of Mainland China shall be paid by MPS. 6.3 All invoices issued by ASMC shall identify the Wafers and the relevant MPS purchase order number, Product part number, purchase order line and release number, description of items and quantity of items shipped. Unless otherwise agreed by MPS and ASMC in writing, invoices may be mailed no earlier than the relevant date of shipment. 6.4 In the event of any dispute over the amount invoiced, MPS shall first make payment of the undisputed portion in accordance with Clause 6.2 pending resolution of the dispute between the Parties. 6.5 MPS shall pay, in addition to the Ex-Works (ASMC Factory) prices of Wafers stipulated herein, the amount of any freight, insurance, handling and other duties levied on the shipment of Wafers to MPS. MPS shall also pay for all sales, use, excise or other similar taxes levied on the purchase of Wafers by MPS herein.

Pricing and Payment Terms. 6.1 7.1 The purchase price of Wafers wafers charged to MPS ADI shall be in accordance with the terms of the relevant ASMC CSM price quotation agreed to by the Parties from time to time for the relevant lots of Wafers wafers purchased. Each CSM commits to provide wafers at market competitive prices. 7.2 Unless otherwise set out in the applicable Agreed Price Quotation, which shall reference this Agreement, payment for wafers ordered shall be attached made by ADI in United States dollars within 45 days from the date of the applicable invoices issued by CSM. ADI shall make payment by telegraphic transfer to this Agreement and shall be successively numbered as Appendix A-0, X-0, X-0 etc. 6.2 Payment term is determined according to credit check. MPS will use L/C as the payment term in first three month of production. After three months of production, ASMC will review MPS’s credit and determine if give MPS T/T 30 days credit payment term in next phase. ASMC has the right to change the payment term in case MPS has not made the payment according to the agreed upon timean account nominated by CSM. Any late payment for Wafers shall be subject to interest charges of 1.5% per month. All bank charges outside of Mainland China shall be paid by MPS. 6.3 7.3 All invoices issued by ASMC CSM shall identify the Wafers wafers and the relevant MPS purchase order ADI Purchase Order number, Product part number, purchase order Purchase Order line and release number, description of items items, and quantity of items shipped. Unless otherwise agreed by MPS ADI and ASMC CSM in writing, invoices may be mailed dated no earlier than the relevant date of shipmentdelivery. 6.4 7.4 In the event of any dispute over the amount invoiced, MPS ADI shall first make payment of the undisputed portion in accordance with Clause 6.2 Section 7.2 pending resolution of the dispute between the Parties. 6.5 MPS 7.5 ADI shall pay, in addition to the Ex-Works (ASMC Factory) prices of Wafers wafers stipulated herein, the amount of any freight, insurance, handling and other duties levied on the shipment of Wafers wafers to MPSADI. MPS ADI shall also pay for all sales, use, excise or other similar taxes levied on the purchase of Wafers wafers by MPS hereinADI hereunder. 7.6 CSM may, in its discretion upon written notice to ADI, change the terms of payment to cash, cash-on-delivery or letter of credit or place ADI on credit hold in the event that ADI is late in its payments under this Agreement. CSM/ADI CONFIDENTIAL 7