WARRANTY
T
pe 1179A/2179A/179A E
uipment
MKS Instruments, Inc. (
MKS
) warrants that for three years from the date of shipment the
equipment described above (the “equipment”) manufactured by
MKS
shall be free from
defects in materials and workmanship and will correctly perform all date-related
operations, including without limitation accepting data entry, sequencing, sorting,
comparing, and reporting, regardless of the date the operation is performed or the date
involved in the operation, provided that, if the equipment exchanges data or is otherwise
used with equipment, software, or other products of others, such products of others
themselves correctly perform all date-related operations and store and transmit dates and
date-related data in a format compatible with
MKS
equipment. THIS WARRANTY IS
MKS’
SOLE WARRANTY CONCERNING DATE-RELATED OPERATIONS.
For the period commencing with the date of shipment of this equipment and ending three
years later,
MKS
will, at its option, either repair or replace any part which is defective in
materials or workmanship or with respect to the date-related operations warranty without
charge to the purchaser. The foregoing shall constitute the exclusive and sole remedy of
the purchaser for any breach by
MKS
of this warranty.
The purchaser, before returning any equipment covered by this warranty, which is
asserted to be defective by the purchaser, shall make specific written arrangements with
respect to the responsibility for shipping the equipment and handling any other incidental
charges with the
MKS
sales representative or distributor from which the equipment was
purchased or, in the case of a direct purchase from
MKS
, with the
MKS
home office in
Andover, Massachusetts, USA.
This warranty does not apply to any equipment which has not been installed and used in
accordance with the specifications recommended by
MKS
for the proper and normal use
of the equipment.
MKS
shall not be liable under any circumstances for indirect, special,
consequential, or incidental damages in connection with, or arising out of, the sale,
performance, or use of the equipment covered by this warranty.
MKS
recommends that all
MKS
pressure and flow products be calibrated periodically
(typically every 6 to 12 months) to ensure accurate readings. When a product is returned
to
MKS
for this periodic re-calibration it is considered normal preventative maintenance
not covered by any warranty.
THIS WARRANTY IS IN LIEU OF ALL OTHER RELEVANT WARRANTIES,
EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF
MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE, AND ANY WARRANTY AGAINST INFRINGEMENT OF ANY
PATENT.
11-98 116527-P1
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