EVGA Corporation ("EVGA") warrants that the Product (defined below) delivered hereunder to the original purchaser ("Original Purchaser") from EVGA.com or an EVGA Authorized Reseller (each an "Authorized Reseller") will be free from material and workmanship defects that adversely affect the performance of the Product under normal use, pursuant to the terms outlined below. This Limited Warranty is only valid for the Original Purchaser, is non-transferable and does not extend to any used Products or Products not purchased from EVGA.com or an Authorized Reseller.
A separate Transferable Limited Warranty is available for Second-Hand Purchasers, which also extends to used Products and Products not purchased from EVGA.com or an Authorized Reseller, as noted below.
These Limited Warranty terms are valid for Products purchased ON or AFTER May 25, 2018 within the regions of the Continental United States, Alaska, Hawaii, Puerto Rico and Canada. For prior versions of the limited warranty terms please click here: Limited warranty terms prior to May 25, 2018.
For purposes of this Limited Warranty, "Products" and "Product" mean the individual peripheral product(s) as described by their suffixes below.
Examples of peripheral products include, but are not limited to:
The length of the Limited Warranty is determined by Product according to the suffix associated with each Product's identification number as set forth below and will be measured beginning from the date of purchase:
Subject to the terms and conditions of this Limited Warranty, the Transferable Limited Warranty is available to second-hand purchasers with a valid proof of purchase from a reseller. The limited warranty on any Product which was originally shipped from EVGA or an Authorized Reseller as a demo or prize is not transferable to second-hand purchasers and is not covered by the Transferable Limited Warranty.
Products shipped from EVGA as warranty replacements will be subject to this warranty so long as the original product was shipped from EVGA on or after July 1, 2011.
The length of the Transferable Limited Warranty is determined by Product according to the suffix associated with each Product's identification number as set forth below and will be measured beginning from Product's original date of shipment from EVGA or an Authorized Reseller:
Products described by the following suffixes are not covered by the Transferable Limited Warranty: -B1, -BR, -BX, -DR, -RX, -RB
EVGA offers optional programs to Original Purchasers with a valid proof of purchase from an Authorized Reseller including the EVGA Advanced RMA Program. Please note that if an EVGA Advanced RMA (EAR) is purchased on a Product, it will not transfer to a second owner.
To view more information on this program and to see if your product qualifies, please visit the program's page to view the terms and conditions for that program.
THIS LIMITED WARRANTY SETS OUT THE FULL EXTENT OF EVGA'S RESPONSIBILITIES, AND THE EXCLUSIVE REMEDY REGARDING THE PRODUCTS. EXCEPT AS EXPRESSLY PROVIDED HEREIN AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVGA DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, USAGE IN TRADE, TITLE, AND NON-INFRINGEMENT. TO THE EXTENT ANY IMPLIED WARRANTIES CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, SUCH IMPLIED WARRANTIES ARE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY. NO INFORMATION OR ADVICE GIVEN BY EVGA, RESELLERS OR ANY OTHER PARTY SHALL IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY EXPRESSLY PROVIDED HEREIN.
IN NO EVENT SHALL EVGA BE LIABLE FOR INDIRECT, INCIDENTAL. SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY NATURE INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, REVENUE, PRODUCTION, OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS LIMITED WARRANTY, OR THE USE OR PERFORMANCE OF ANY PRODUCT, WHETHER BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE, OR ANY OTHER LEGAL THEORY, EVEN IF EVGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE DISCLAIMER OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU.
ADDITIONALLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVGA'S TOTAL CUMULATIVE AGGREGATE LIABILITY FOR ANY AND ALL LIABILITIES, OBLIGATIONS, OR CLAIMS ARISING OUT OF OR RELATED TO ALL PRODUCTS SOLD UNDER THIS LIMITED WARRANTY, SHALL NOT EXCEED THE AMOUNT PAID BY THE ORIGINAL PURCHASER TO EVGA OR THE AUTHORIZED RESELLER FOR THE PRODUCT(S) UPON WHICH LIABILITY IS BASED. THESE LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER SUCH CLAIMS OR CAUSES OF ACTION ARISE FROM BREACH OF CONTRACT, WARRANTY, TORT, INDEMNITY, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF THE LOSS OR DAMAGE OR IF THE LOSS OR DAMAGE COULD HAVE BEEN REASONABLY FORESEEN. ORIGINAL PURCHASER ACKNOWLEDGES THAT EVGA HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THIS LIMITED WARRANTY WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT (I.E. THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT).
EVGA MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE OR SUITABILITY OF ANY THIRD PARTY SOFTWARE OR EQUIPMENT USED IN CONJUNCTION WITH THE PRODUCT, OR THE ABILITY TO INTEGRATE ANY SUCH SOFTWARE OR EQUIPMENT WITH THE PRODUCT, WHETHER SUCH THIRD PARTY SOFTWARE OR EQUIPMENT IS INCLUDED WITH THE PRODUCT DISTRIBUTED BY EVGA CORPORATION OR OTHERWISE. RESPONSIBILITY FOR THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE AND SUITABILITY OF ANY SUCH THIRD PARTY SOFTWARE OR EQUIPMENT RESTS SOLELY WITH THE PURCHASER AND THE DIRECT VENDOR, OWNER OR SUPPLIER OF SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT.
EVGA PRODUCTS ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR (I) UNINTERRUPTED USE, OR (II) USE IN CONNECTION WITH BLOCKCHAIN PROCESSING, CRYPTOCURRENCY MINING OR SIMILAR PURPOSES.
Nothing in the Product instructions or information shall be construed to create an express warranty of any kind with respect to the Products. No agent, employee, dealer, representative or reseller is authorized to modify or extend this Limited Warranty or to make binding representations or claims, whether in advertising, presentations or otherwise, on behalf of EVGA regarding the Products or this Limited Warranty.
Nothing in this Limited Warranty affects any statutory rights of consumers that cannot be waived or limited by contract. This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from State to State or Province to Province.
If any portion of this Limited Warranty is held to be illegal or unenforceable, such partial illegality or unenforceability shall not affect the enforceability of the remainder of the Limited Warranty.
These Limited Warranty terms shall be governed in all respects by the laws of the United States and of the State of California, without regard to the conflicts of laws principles thereof. The United Nations Convention on Contracts for International Sale of Goods is specifically disclaimed. The state and/or federal courts residing in Orange County, California shall have exclusive jurisdiction over any dispute or claim arising out of these Limited Warranty terms.
To obtain warranty service under this Limited Warranty, you must contact EVGA to receive a Return Merchandise Authorization ("RMA") number prior to returning the product to EVGA in accordance with the EVGA RMA Process. Please contact EVGA Technical support at 1-888-881-3842 option 1 or contact us by email at firstname.lastname@example.org. The RMA Process is made part of this Limited Warranty and can be found here: EVGA RMA Process.
All RMA replacements will state "Warranty Replacement" on the package to assist in avoiding any taxes, duties and/or brokerage fees through customs or otherwise. EVGA is not responsible for any fees charged by the destination country's government body, brokers or other third party. EVGA is not responsible for any unclaimed package that is held by your governing body for clearance from customs or otherwise that becomes abandoned as a result of the refusal of clearance compliance.
Postal mail is not recommended for shipping any EVGA product. If your package is received with physical damage, a claim cannot be processed due to the limitations of postal services, and the package will be returned to sender without alternative options.
We have and will continue to make policy changes over time. Make sure you read this document carefully and check back for updates. EVGA reserves the right to change this policy without notice. Last update May 25, 2018.
Please feel free to call us first for any needed support at (888) 881-EVGA (3842).