Apple has had these contract provisions since the first newsworthy $500m cash deposit was paid to flash makers. $500m to each of three of them I believe.
They have seen this go full circle at least 5 seasons since. Are they just now realizing their supply contracts need some editing?
There seems to be a trade off between the low risk of large cash commitments, timely payment, steady customer on the one side, and actual deliveries, actual spot prices at the time of those deliveries on the other.
I have not seen the contracts, but we do know that Apple, while a large early adopter of flash on scale, is not the only buyer, just one of the big fish. They also tend to lean forward on die size and size capacity since they are using it for handtop computing, not low end consumer devices. That tends to dwell in the waters of uncertain supplies of newer technologies and time-sensitive shortages as production ramps up.
This discussion seems to actually be about the items on the margin and on the tail end of deliveries, which while an issue for each supplier and perhaps the market overall, does not seem to be an issue of great concern for a buyer, even a fairly large buyer.
A buyer is a price taker, not a price maker. This strategy seems to be successful at lowering the price at which they are compelled to take.
They as a large advance pay or advance commit buyer are a supply maker and taker. They are soft-investing in their suppliers.
As a supplier I would put a contract provision to guarantee a minimum average margin in exchange for a guaranteed supply and first access.
That might raise the tail a bit while not changing much of anything else.
Rocketman