PORTIONS OF THIS DOCUMENT INDICATED BY AN [***] HAVE BEEN OMITTED AND FILED
SEPARATELY WITH THE SECURITIES EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR
CONFIDENTIAL TREATMENT OF SUCH INFORMATION.
EXHIBIT 10.14
Amendment No. 4 to Supply Agreement
This Amendment No. 4 to Supply Agreement (the "Amendment") is made and entered
into effective March 30, 2004, by and between Kyocera Wireless Corp., a Delaware
corporation ("Kyocera") and Brightstar Corporation, a Delaware ("Purchaser"),
with respect to the following facts:
RECITALS
A. Kyocera and Purchaser previously entered into that certain Supply
Agreement dated September 1,2000, as amended (the "Agreement").
B. By this Amendment, Kyocera and Purchaser desire to amend the Agreement as
hereinafter set forth.
AGREEMENT
NOW, THEREFORE, for and in consideration of the promises set forth herein,
Kyocera and Purchaser agree as follows:
1. The following is hereby added as Section 20 of the Agreement:
"20. FIELD REPLACEMENT UNITS. Kyocera shall offer Purchaser a quantity of
handsets for the Purchaser to use to provide its end user customers with
an over-the-counter exchange of Subscriber Units which fail to conform to
the warranty stated in Appendix 1 ("FRU"). Subject to the procedures set
forth in this Section, Kyocera shall furnish to Purchaser the FRU in an
amount equal to approximately [***] of the number of subscriber units
purchased and paid for by Purchaser under this Agreement that remain under
warranty. Upon Kyocera's request, Purchaser agrees to issue a "blanket" no
cost P.O. covering the supply of the FRU offered by Kyocera. Purchaser
shall be obligated to pay all applicable shipping, freight, and insurance
charges and all customs duties or fees, if any, associated with shipping
or delivering the FRU. If Purchaser elects not to pay all associated
shipping, freight, and insurance charges and customs duties or fees
associated with shipping or delivering the FRU, Kyocera shall not be
responsible to provide FRU to Purchaser. However, if said duties and fees
associated with shipping or delivering the FRU are paid by Purchaser,
Kyocera shall deliver the FRU for each particular subscriber unit model in
increments of ten (10) FRU for each one thousand (1,000) units of that
particular subscriber unit model purchased and paid for by Purchaser under
this Agreement. Kyocera shall be under no obligation to supply any FRU
relative to quantities of less than 1,000 units of a particular subscriber
unit model purchased by Purchaser. Delivery of the FRU shall begin within
one month after Purchaser purchases and pays for no less than 1,000 units
of a particular subscriber unit model under this Agreement. Thereafter, on
a quarterly basis during the term of this Agreement, Kyocera shall furnish
Purchaser with additional FRU so that Purchaser has in the aggregate
received an amount of FRU equal to approximately [***] of the total of all
subscriber units purchased under this Agreement that remain under
warranty."
Kyocera Confidential/Proprietary 1
2. Except as modified by this Amendment, the Agreement shall continue in full
force and effect as written.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date
first set forth above.
KYOCERA WIRELESS CORP. BRIGHTSTAR CORPORATION
By: /s/ Tsuyoshi Mano By: /s/ Xxxxxxx Xxxxxx
------------------------- -------------------------
Name: Tsuyoshi Mano Name: Xxxxxxx Xxxxxx
Title: President Title: CEO
Kyocera Confidential/Proprietary 2
