WARRANTY
Type 138A Portable Analytical System
MKS Instruments Spectra Products (MKS Spectra) warrants that the
equipment described in the face of this warranty (the “equipment”)
manufactured by MKS Spectra shall be free from defects in materials and
workmanship for a period of one year from shipment. For the period
commencing with the date of shipment of this equipment and ending one
year later, MKS Spectra will, at its option, either repair or replace any part
which is defective in materials or workmanship without charge to the
purchaser. The foregoing shall constitute the exclusive and sole remedy of
the purchaser for any breach by MKS spectra 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 and
handling the equipment and any other incidental charges with MKS
Spectra UK Global Product Support department.
This warranty does not apply to any equipment that has not been used in
accordance with the specifications recommended by MKS Spectra for the
proper and normal use of the equipment. MKS Spectra will not be liable
under any circumstances for consequential or incidental damages in
connection with or arising out of the sale performance or use of the
equipment covered by this warranty.
INDEMNITY
Where the customer uses the goods or the services supplied by MKS
Instruments Spectra Products either in (MKS Spectra) the
manufacture, supply or distribution of any other goods; or in the
provision of a service; (including without limitation, where the
customer uses the goods or the services supplied by MKS Spectra in
the manufacture and distribution of chemicals or as part of a
manufacturing facility for chemicals) then the customer shall
indemnify and hold harmless MKS Spectra from and against all loss,
damages, costs and expenses awarded against or incurred by MKS
Spectra in respect of such use by the customer or arising out of the
manufacture, supply or distribution of those goods or the provision of
that service (or without limitation arising out of the manufacture and
