Note 9 - Commitments and Contingencies | 3 Months Ended |
Mar. 31, 2014 |
Commitments and Contingencies Disclosure [Abstract] | ' |
Commitments and Contingencies Disclosure [Text Block] | ' |
Note 9 — Commitments and Contingencies |
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Operating Lease Obligations |
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We lease facilities under fixed non-cancellable operating leases that expire on various dates through November 2019. Future minimum lease payments consist of the following (in thousands): |
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| | March 31, | | | | | |
2014 | | | | |
2014 (remaining nine months) | | $ | 1,244 | | | | | |
2015 | | | 1,539 | | | | | |
2016 | | | 1,575 | | | | | |
2017 | | | 1,567 | | | | | |
2018 | | | 1,591 | | | | | |
Thereafter | | | 1,398 | | | | | |
Total future minimum lease payments | | $ | 8,914 | | | | | |
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Product Warranty |
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The following table summarizes the activity related to the product warranty liability during the three months ended March 31, 2014 and 2013 (in thousands): |
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| | Three Months Ended | |
March 31, |
| | 2014 | | | 2013 | |
Balance, beginning of period | | $ | 709 | | | $ | 1,172 | |
Warranty costs charged to cost of revenue | | | 3 | | | | 97 | |
Utilization of warranty | | | (7 | ) | | | (13 | ) |
Balance, end of period | | $ | 705 | | | $ | 1,256 | |
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Purchase Obligations |
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We enter into purchase order arrangements with our vendors. As of March 31, 2014, there were open purchase orders for which we had not yet received the related goods or services. These arrangements are subject to change based on our sales demand forecasts, and we have the right to cancel the arrangements prior to the date of delivery. As of March 31, 2014, we had approximately $3.2 million of cancellable open purchase order arrangements related primarily to materials and parts. |
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Guarantees |
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We enter into indemnification provisions under our agreements with other companies in the ordinary course of business, typically with customers. Under these provisions, we generally indemnify and hold harmless the indemnified party for losses suffered or incurred by the indemnified party as a result of our activities, generally limited to personal injury and property damage caused by our employees at a customer’s desalination plant in proportion to the employee’s percentage of fault for the accident. Damages incurred for these indemnifications would be covered by our general liability insurance to the extent provided by the policy limitations. We have not incurred material costs to defend lawsuits or settle claims related to these indemnification agreements. As a result, the estimated fair value of these agreements is not material. Accordingly, we have no liabilities recorded for these agreements as of March 31, 2014 and December 31, 2013. |
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In certain cases, we issue warranty and product performance guarantees to our customers for amounts ranging from 10% to 30% of the total sales agreement to endorse the execution of product delivery and the warranty of design work, fabrication, and operating performance. These guarantees, generally in the form of stand-by letters of credit or bank guarantees secured by stand-by letters of credit, typically remain in place for periods ranging up to 24 months and in some cases up to 59 months, and relate to the underlying product warranty period. The stand-by letters of credit are collateralized by restricted cash and our credit facility. Of the $4.5 million in outstanding stand-by letters of credit at March 31, 2014, $3.2 million was issued under the 2009 Agreement and $1.3 million was issued under the 2012 Agreement. The stand-by letters of credit outstanding at March 31, 2014 were collateralized by restricted cash of $4.5 million. |
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Litigation |
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Note 9 – Commitments and Contingencies, under the caption “Litigation” of our Annual Report on Form 10-K filed with the SEC on March 11, 2014, provides information on certain litigation in which we are involved. Unfavorable rulings, judgments, or settlement terms regarding these litigation matters could have a material adverse impact on our business, financial condition, results of operations, and cash flows. Although none of the litigation matters can be quantified with absolute certainty, we have established accruals covering exposure and relating to contingencies to the extent that they are reasonably estimable and probable based on available facts. |
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On March 28, 2014, in the matter entitled “Roy Radakovich, as representative on behalf of former shareholders of Pump Engineering, LLC v. Energy Recovery, Inc.,” in the U.S. District Court for the Eastern District of Michigan (Southern Division), the Court granted summary judgment in favor of the Company on Claim I of the complaint (achieving certain minimum product energy efficiency metrics ($1.3 million)), but denied summary judgment on Claim II of the complaint (meeting certain product delivery time schedules ($1.2 million)). Trial on Claim II is scheduled for June 10, 2014. The Company made a small change in its accrued liability related to this matter to reflect this ruling. |
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Defendants in Energy Recovery Inc., v. Leif J. Hauge; Isobaric Strategies, Inc.; Tristan Nillo; and James Coyle filed a motion for attorneys' fees alleging that the Company had brought the trade secrets claim against defendants in bad faith. On April 1, 2014, the Court denied the defendants' motion for attorneys' fees, finding that the Company had not brought the trade secrets claim against the defendants in bad faith. The Company had no liability accrued for this matter; therefore, there was no effect on the condensed consolidated income statement and balance sheets. |