Measurement Specialties, Inc.
Measurement Specialties, Inc. (“MEAS”) products are warranted for a period of one year commencing from the date of shipment to the original purchaser to be clear of title, free from defects in material and workmanship, and in conformity with MEAS specifications. MEAS’s liability under this warranty is limited to replacing or repairing any product returned by Buyer, at Buyer’s expense, during the warranty period which does not meet these warranty terms. The decision to repair or replace a non-conforming product is solely within MEAS’s discretion, and does not include going into the field and replacing installed parts. Further, this warranty does not extend to non-conformities or defects resulting from misuse, neglect, improper handling, improper installation, improper repair, improper testing, improper alteration, accident, or defects due to reasonable wear and tear, tampering, improper operation, improper storage, or fault on the part of any person other than MEAS. MEAS shall have the right to make the final determination as to the existence and cause of a defect or non-conformity. MEAS makes no other warranty and expressly disclaims all other warranties of any kind, express or implied, including any warranty of merchantability, fitness for a particular purpose even if that purpose is known to MEAS, or any warranty relating to patents, trademarks, copyrights, or other intellectual property. Repair or replacement of the non-conforming product is Buyer’s exclusive and sole remedy for breach of these warranty terms. In no event shall MEAS be liable for collateral, consequential, punitive damages or losses, including lost profits, or any other direct or indirect damages or losses. No agreement extending or modifying these warranty terms shall be binding upon MEAS unless in writing and signed by a duly authorized company officer.