Entegris, Inc. General Limited Warranty for Non-Custom Products
A.
General Limited Warranty for Contamination Control or Microenvironments Product[1]
1. Subject to the limitations and disclaimers set forth below, Entegris, Inc. ("Entegris") warrants that for the Applicable Warranty Period (as defined in the section entitled "Applicable Warranty Period" below) following the date of shipment, the Products manufactured by it shall be free of defects in materials and workmanship when installed, used, serviced and operated in accordance with the applicable product documentation.
The Applicable Warranty Period does not apply to any lifetime performance. In the event that a product failure is caused by a defect in materials or workmanship within the Applicable Warranty Period, Entegris agrees to repair or replace, at its option and at no charge to the purchaser, any Product or part thereof that proves to have such a defect, provided that prompt written notice of any such defect is given to Entegris. Entegris’ agreement to repair or replace any Product found to be defective in materials or workmanship is the exclusive remedy provided herein; this remedy shall not be deemed to have failed of its essential purpose so long as Entegris is willing and able to repair or replace any such defective Product or part or to refund the purchase price paid.
Limitations
2. The warranty set forth above is LIMITED and does not cover: (A) Products with the identification label or serial number altered or removed; (B) Products which have been repaired, or tampered with or serviced by any person other than an authorized Entegris service representative; (C) Products which have been subjected to misuse, neglect or abuse (including, without limitation, exposure to overpressure, use with excessive voltage or inappropriate power source or exposure to hostile operating conditions unless the Product has been expressly specified by Entegris for use therein). In the case of Products which are systems that include components manufactured by companies other than Entegris or its affiliates, the foregoing warranty shall apply only to those components and subassemblies manufactured by Entegris or its affiliates; the non-Entegris components and subassemblies included in such systems are covered by the warranty, if any, extended by the manufacturer thereof. Entegris hereby assigns any such warranty to the system purchaser.
Disclaimers
3. ENTEGRIS MAKES NO OTHER WARRANTY, EXPRESSED OR IMPLIED. THERE IS NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. THE APPLICABLE WARRANTY PERIOD IS NOT A LIFETIME PERFORMANCE WARRANTY. The warranty provided herein and the data, specifications and descriptions of Products appearing in Entegris’ published catalogs and product literature may not be altered except by express written agreement signed by an officer of Entegris. Representations, oral or written, which are inconsistent with this general limited warranty or any such publications are not authorized and if given, should not be relied upon. Notwithstanding the failure of any remedy provided herein, in no event shall Entegris be liable for consequential, incidental, special or any other indirect damages resulting from economic loss or property damage sustained by any customer from the use of Products.
4. In the event of a breach of the foregoing warranty, Entegris’ sole obligation shall be to repair or replace, at its option, any product or part thereof that proves defective in materials or workmanship within the warranty period, provided the customer notifies Entegris promptly of any such defect. The exclusive remedy provided herein shall not be deemed to have failed of its essential purpose so long as Entegris is willing and able to repair or replace any nonconforming Product or part or to refund the purchase price paid.
Applicable Warranty Period (Table 1)
5. As used in this General Limited Warranty the term Applicable Warranty Period for the Products that fall within the indicated Product Groups are as follows:
Contamination Control or Microenvironment
Product Group | Exceptions (if any) | Warranty Period |
Polymeric Membrane Products | Does not apply to membrane-based purifiers. | 1 year from date of shipment |
Metal Membrane Products | | 2 years from date of shipment |
| Nickel Membrane Gas Filtration Products | 5 years or 100,000 cycles (whichever comes first) from date of shipment |
Nickel Membrane Gas Diffuser Products | 5 years or 100,000 cycles (whichever comes first) from date of shipment |
Polymeric Membrane Based Purifiers/Other Liquid Purifiers/Gas Purifiers/Chemical Filters | | 1 year from date of shipment |
Dispense Products and Liquid Sub-systems | | 1 year from date of shipment |
| Products and sub-systems purchased by Original Equipment Manufacturers | 18 months from date of shipment |
Dispense products which include a built-in cycle counter | 1 year or 100,000 cycles (whichever comes later) from date of shipment |
Non-Dispense Electro-Mechanical Products | | 1 year from date of shipment |
Integrated Shipping Systems | | 30 days from date of shipment |
Wafer Handling and Electronic Packaging Products | | 90 days from date of shipment |
Liquid Fittings, Containers, Heat Exchangers and Housings | | 1 year from date of shipment |
| Sheet-lined Chemical Container products and FluoroPure® PFA Liners (blistering, cracking or leakage only) FluoroPure® O-rings and gasket materials | 18 months from date of shipment 90 days from date of shipment |
Software Products | | 1 year from date of shipment |
Chemical Mechanical Planarization Products (excluding filters) | | 1 year from date of shipment |
Other Products | | 1 year from date of shipment |
B.
General Limited Warranty for Specialty Materials Products[2]1. Entegris warrants that all Specialty Materials Products sold to Buyer will be free of any claim of ownership by third parties and will conform to Entegris’s specifications in effect at the time of manufacture, or such other specifications as shall have been expressly agreed in writing by Buyer and Entegris. The Applicable Warranty Period does not apply to any lifetime performance. Any information regarding performance or use of any Specialty Materials Product is only offered as a suggestion for investigation for use by Buyer, based upon Entegris’s experience. It is the responsibility of the Buyer to determine that the Specialty Materials Product is safe, lawful and technically suitable for the intended use.
2. Buyer shall inspect all Specialty Materials Products for damage, defect or shortage promptly after Buyer receives them, and will give Entegris prompt notice of any damage, defect or shortage that Buyer finds. The conditions of any test for conformity to Entegris specifications shall be mutually agreed upon and Entegris will be notified of, and may be represented at, all such tests. If any Specialty Materials Product is determined not to conform to the warranty set forth above during the period ending at the earlier of (i) the date of use or date of further processing of the Specialty Materials Product by Buyer, or (ii) three months from date of shipment by Entegris, then Entegris shall, at its option, either replace the defective Specialty Materials Product or refund the purchase price. Defective Specialty Materials Products shall not be returned by Buyer until authorized by Entegris. This remedy is Buyer’s exclusive remedy for breach of warranty. If applicable law prohibits this limitation of Buyer’s remedies, then the maximum amount Buyer may claim from Entegris is the net purchase price that Buyer actually paid Entegris for the Specialty Materials Product determined to be defective.
Disclaimers
3. UNLESS OTHERWISE AGREED IN WRITING BY ENTEGRIS, THIS LIMITED WARRANTY IS GIVEN ONLY TO THE ORIGINAL PURCHASER, IT MAY NOT BE TRANSFERRED OR ASSIGNED AND DOES NOT EXTEND TO ANY SUBSEQUENT PURCHASER OR TRANSFEREE OF PRODUCTS. EXCEPT AS EXPRESSLY SET FORTH ABOVE, ENTEGRIS EXPRESSLY DISCLAIMS AND BUYER EXPRESSLY WAIVES ALL OTHER WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Applicable Warranty Period (Table 2)
4. As used in this General Limited Warranty the term Applicable Warranty Period for the Specialty Materials Products that fall within the indicated Product Groups are as follows:
Specialty Materials
Product Group | Warranty Period (if different than provided in paragraph B.2.) |
Polymeric composites containing carbon-nanotubes | |
Bulk graphite | |
Machined Graphite parts | |
Silicon carbide parts | |
Bulk foam | |
Coated parts | |
Electrostatic Clamps | |
Date & Version of Entegris General Limited Warranty Revision E, Revision Date 2010 July 19
[1] “Product” for purposes of this portion of the Warranty is limited to products sold by Entegris or its affiliates that which falls within the Product Groups identified above in Table 1. Specifically excluded is Specialty Materials Product identified in Table 2.
[2]“Specialty Materials Product” for purposes of this portion of the Warranty is limited to product sold by Entegris and its affiliates that fall within the Product Groups identified in Table 2. Specifically excluded is Product identified in Table 1.
Custom Order Limited Warranty for Entegris Products
Entegris, Inc. warrants Custom Order products against defects in materials and workmanship for a period of thirty (30) days following receipt by the purchaser. Entegris' sole obligation shall be to repair or replace, at its option, any Custom Order product that proves to be defective in materials or workmanship within the warranty period.
Disclaimers
ENTEGRIS MAKES NO OTHER WARRANTY, EXPRESSED OR IMPLIED. THERE IS NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. THE APPLICABLE WARRANTY PERIOD IS NOT A LIFETIME PERFORMANCE WARRANTY. The warranty provided herein and the data, specifications and descriptions of Entegris products appearing in Entegris' published catalogs and product literature may not be altered except by express written agreement signed by an officer of Entegris. Representations, oral or written, which are inconsistent with this general limited warranty or any such publications are not authorized and if given, should not be relied upon. Notwithstanding the failure of any remedy provided herein, in no event shall Entegris be liable for consequential, incidental, special or any other indirect damages resulting from economic loss or property damage sustained by any customer from the use of Entegris products.
In the event of a breach of the foregoing warranty, Entegris' sole obligation shall be to repair or replace, at its option, any product or part thereof that proves defective in materials or workmanship within the warranty period, provided the customer notifies Entegris promptly of any such defect. The exclusive remedy provided herein shall not be deemed to have failed of its essential purpose so long as Entegris is willing and able to repair or replace any nonconforming Entegris product or part or to refund the purchase price paid.