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Commitments and Contingencies
12 Months Ended
Dec. 31, 2014
Commitments and Contingencies  
Commitments and Contingencies

Note 12 — Commitments and Contingencies

 

Warranty

 

Warranties are typically valid for one year from the date of system final acceptance, and the Company estimates the costs that may be incurred under the warranty. Estimated warranty costs are determined by analyzing specific product and historical configuration statistics and regional warranty support costs and is affected by product failure rates, material usage, and labor costs incurred in correcting product failures during the warranty period. Unforeseen component failures or exceptional component performance can also result in changes to warranty costs.

 

Changes in the Company’s product warranty reserves were as follows:

 

 

 

 

December 31,

 

 

 

 

2014

 

 

2013

 

 

 

(in thousands)

 

Balance, beginning of the year

 

$

5,662

 

 

$

4,942

 

Addition for new warranties issued

 

3,484

 

 

5,291

 

Addition from PSP acquisition

 

809

 

 

 

Settlements

 

(3,802

)

 

(5,580

)

Changes in estimate

 

(742

)

 

1,009

 

Balance, end of the year

 

$

5,411

 

 

$

5,662

 

 

Minimum Lease Commitments

 

Minimum lease commitments at December 31, 2014 for property and equipment under operating lease agreements (exclusive of renewal options) are payable as follows:

 

 

 

Operating

 

 

 

 

Leases

 

Payments due by period:

 

 

(in thousands)

 

2015

 

$

2,322 

 

2016

 

2,423 

 

2017

 

1,993 

 

2018

 

1,224 

 

2019

 

526 

 

Thereafter

 

2,700 

 

Total

 

$

11,188 

 

 

Rent expense was $2.3 million, $2.9 million, and $3.5 million in 2014, 2013 and 2012, respectively. In addition, the Company is obligated under such leases for certain other expenses, including real estate taxes and insurance.

 

Environmental Remediation

 

The Company is aware that petroleum hydrocarbon contamination has been detected in the soil at the site of a facility formerly leased by the Company in Santa Barbara, California. The Company has been indemnified for any liabilities that may be incurred which arise from environmental contamination at the site. Even without consideration of such indemnification, the Company does not believe that any material loss or expense is probable in connection with any such liabilities. The former owner of the land and building in Santa Barbara, California in which the Company’s former Metrology operations were located (which business was sold to Bruker Corporation (“Bruker”) on October 7, 2010), has disclosed that there are hazardous substances present in the ground under the building. Management believes that the comprehensive indemnification clause that was part of the purchase contract relating to the purchase of such land provides adequate protection against any environmental issues that may arise. The Company has provided Bruker with similar indemnification as part of the sale.

 

Legal Proceedings

 

Veeco and certain other parties were named as defendants in a lawsuit filed on April 25, 2013 in the Superior Court of California, County of Sonoma. The plaintiff in the lawsuit, Patrick Colbus, seeks unspecified damages and asserts claims that he suffered burns and other injuries while he was cleaning a molecular beam epitaxy system alleged to have been manufactured by Veeco. The lawsuit alleges, among other things, that the molecular beam epitaxy system was defective and that Veeco failed to adequately warn of the potential risks of the system. The Company believes this lawsuit is without merit and intends to defend vigorously against the claims. The Company is unable to predict the outcome of this action or to reasonably estimate the possible loss or range of loss, if any, arising from the claims asserted therein. The Company believes that, in the event of any recovery by the plaintiff from Veeco, such recovery would be fully covered by insurance.

 

The Company is involved in various other legal proceedings arising in the normal course of business. The Company does not believe that the ultimate resolution of these matters will have a material adverse effect on its consolidated financial position, results of operations, or cash flows.

 

Concentrations of Credit Risk

 

The Company depends on purchases from its ten largest customers, which accounted for 65% and 69% of total accounts receivable as of December 31, 2014 and 2013, respectively.

 

Customers who accounted for more than 10% of aggregate accounts receivable or net sales are as follows:

 

 

 

Accounts Receivable

 

Net Sales for the Year Ended

 

 

 

Year ended December 31,

 

December 31,

 

Customer

 

2014

 

2013

 

2014

 

2013

 

2012

 

Customer A

 

 

*

 

 

*

 

 

15%

 

 

*

 

 

*

 

Customer B

 

 

20%

 

 

10%

 

 

11%

 

 

14%

 

 

*

 

Customer C

 

 

13%

 

 

11%

 

 

*

 

 

*

 

 

*

 

Customer D

 

 

*

 

 

23%

 

 

*

 

 

*

 

 

14%

 

 

* Less than 10% of aggregate accounts receivable or net sales.

 

The Company manufactures and sells its products to companies in different geographic locations. Refer to Note 19, “Segment Reporting and Geographic Information,” for additional information. In certain instances, the Company requires deposits from its customers for a portion of the sales price in advance of shipment and performs periodic credit evaluations on its customers. Where appropriate, the Company requires letters of credit on certain non-U.S. sales arrangements. Receivables generally are due within 30 – 90 days from the date of invoice. The net accounts receivable balance is concentrated in the following geographic locations:

 

 

 

 

December 31,

 

 

 

 

2014

 

 

2013

 

 

 

(in thousands)

 

China

 

$

17,911 

 

 

$

4,130 

 

Korea

 

8,118 

 

 

2,411 

 

Thailand

 

6,324 

 

 

2,041 

 

Taiwan

 

5,838 

 

 

427 

 

Other

 

3,986 

 

 

4,890 

 

Asia Pacific

 

42,177 

 

 

13,899 

 

United States

 

13,139 

 

 

8,369 

 

EMEA and other

 

4,769 

 

 

1,555 

 

Total

 

$

60,085 

 

 

$

23,823 

 

 

Suppliers

 

The Company outsources certain functions to third parties, including the manufacture of all or substantially all of its MOCVD systems, ion beam and other data storage systems, and ion sources. The Company primarily relies on several suppliers for the manufacturing of these systems, but the Company does maintain a minimum level of internal manufacturing capability for these systems. The failure of the Company’s present suppliers to meet their contractual obligations under its supply arrangements and the Company’s inability to make alternative arrangements or resume the manufacture of these systems could have a material adverse effect on the Company’s revenues, profitability, cash flows and relationships with its customers.

 

In addition, certain of the components and sub-assemblies included in the Company’s products are obtained from a single source or a limited group of suppliers. The Company’s inability to develop alternative sources, if necessary, could result in a prolonged interruption in supply or a significant increase in the price of one or more components, which could adversely affect the Company’s operating results.

 

The Company had deposits with its suppliers of $12.7 million and $9.4 million at December 31, 2014 and 2013, respectively, that were included in “Prepaid expenses and other current assets” on the Consolidated Balance Sheets.

 

Purchase Commitments

 

The Company had purchase commitments of $112.4 million at December 31, 2014, all of which will come due within one year.

 

Bank Guarantees

 

The Company has bank guarantees issued by a financial institution on its behalf as needed. At December 31, 2014, outstanding bank guarantees totaled $45 million, of which $0.5 million is collateralized against cash that is restricted from use. As of December 31, 2014, the Company had $26 million of unused lines of credit available, which can be drawn upon to cover performance bonds required by customers.