WARRANTY
Type 260 PS-3B Equipment
MKS Instruments, Inc. (MKS) warrants that the equipment described above (the
“equipment”) manufactured by MKS shall be free from defects in materials and
workmanship for a period of one year from date of shipment and, when installed and
used in accordance with its specifications, 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 such products 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 one
year later in the case of defects in materials and workmanship, but two years later in the
case of failure to comply with the date-related operations warranty, 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 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.
11-99 108196-P1
