Malema Sensors warrants its Products will meet their written specifications when used in accordance with their applicable instructions and within the limits stated in the operating manuals and/or product data sheets for a period of one year from shipment of the Products. Malema Sensors makes no other warranty, expressed or implied. Malema disclaims the warranties of merchantability or fitness for a particular purpose. The express warranty provided herein and the data, specifications and descriptions of Malema Sensors Products appearing in Malema Sensors’ user manuals may not be altered except by express written agreement signed by an officer of Malema Sensors. Representations, oral or written, which are inconsistent with this warranty or such publications are not authorized and if given, should not be relied upon.
Buyer shall report any claimed defect in writing to Malema Sensors immediately upon discovery and in any event, within the warranty period. If Malema Sensors on receipt of the alleged defective product determines that the defect is due to misuse or modification owing to failure to comply with instructions and/or applicable limits stated in the operating manuals and/or product data sheets or for whatever other reasons (including intentional damage), Malema Sensors shall have the right to impose such repair and other transportation charges as incurred.
Where there are manufacturers’ defects, Malema Sensors shall, at its sole option, repair the products and/or equipment or furnish replacement equipment or parts thereof, at the original delivery point. Malema Sensors shall not be liable for costs of removal, reinstallation, or gaining access.
If Buyer or other third parties repair, replace, or adjust equipment or parts without Malema Sensors’ prior written approval, Malema Sensors shall be relieved of any further obligation to Buyer under this section with respect to such equipment.
No equipment furnished by Malema Sensors shall be deemed to be defective by reason of normal wear and tear, failure to resist erosive or corrosive action of any fluid or gas (unless otherwise specified in Quotations), Buyer’s failure to properly store, install, operate, or maintain the equipment in accordance with good industry practices or specific recommendations of Malema Sensors or in accordance with operating manuals and/or product data sheets limits, or Buyer’s failure to provide complete and accurate information to Malema Sensors concerning the operational application of the equipment.