comply with all of the requirements of the authorized OCZ retailer’s return policy. If, and only if, the authorized OCZ retailer
from which you purchased the Product has a final sale policy whereby the retailer does not accept product returns under
any circumstances, you may contact OCZ. In such circumstances, OCZ may, but will not be obligated to, accept the return of,
and issue a refund for, the Product.
As part of our ongoing commitment to excellence for our customers, OCZ warrants, for a period of five (5) years from the date of your
purchase of the Product (the “
Warranty Period
”), that the Product, under normal use, will be free from material defects in material and
workmanship and will conform to OCZ’s published specifications (this “
warranty
”). This warranty covers only genuine OCZ products
purchased from OCZ or an authorized OCZ retailer; excluded are products that OCZ, in OCZ’s sole discretion, determines are counterfeit or not
made by or for OCZ. This warranty is only for the benefit of the original direct purchaser of the Product from OCZ or an authorized OCZ
retailer. No warranty is made to any subsequent purchaser or other user of the Product; this warranty is not transferable.
Exclusions From Warranty
This warranty will not apply to, and OCZ will have no liability or obligation with respect to, problems or damage resulting from, but not
limited to, any of the following: (i) accident, modification, neglect, abuse, careless or incorrect handling, misuse or improper operation,
disassembly, misapplication or use in unusual physical environments or under operating conditions not approved by OCZ (including, but not
limited to, use of the Product with an improper voltage supply); (ii) normal wear and tear; (iii) removal of label(s) or sticker(s) provided on
or with the Product (including all warranty or quality-control stickers, product serial or electronic numbers); (iv) problems relating to or
residing in non-OCZ hardware, software or other items with which the Product is used; (iv) use in an environment, in a manner or for a
purpose for which the Product was not designed or not in accordance with OCZ’s published documentation; (v) installation, modification,
alteration or repair by anyone other than OCZ or its authorized representatives; (vi) problems that do not relate to materials or workmanship
or that have an insignificant impairment on the use or operation of the Product; or (vii) problems related to consumables. Additionally, OCZ
will have no liability or obligation to recover any data lost due to the failure of a flash memory device.
Obtaining Warranty Service
Prior to submitting a warranty claim, you should contact OCZ technical support or visit http://www.ocztechnology.com for technical
assistance in resolving the problem. You should submit your warranty claim directly to OCZ. Our customer service contact information can
be found on the web at http://www.ocztechnology.com/support/customer-faqs/ or in the documentation included with the Product.
Remedies
If you submit to OCZ written notice of a valid claim during the Warranty Period, OCZ will take one of the following actions (as determined by
OCZ in its sole discretion): (i) repair the Product using new or refurbished parts; (ii) replace the Product with a product that is new or used
but made with serviceable refurbished and at least functionally equivalent parts; or (iii) issue a pro-rated refund of the purchase price for
the Product based on the length of time (in years) remaining in the Warranty Period and/or current market value. If your Product is obsolete
or discontinued and OCZ determines, in its sole discretion, that the Product cannot be repaired, OCZ will replace the Product with another
product, selected at OCZ’s sole discretion, with the same or similar features and which is of greater or equal value as the original product’s
current value. If OCZ provides you with a repaired or replaced product, such repaired or replaced product will be covered by this warranty
for the balance of the original Warranty Period or thirty (30) days from the date of repair or replacement, whichever is longer.
The foregoing obligations of OCZ are contingent upon you, at your own expense, returning to OCZ the Product in accordance with OCZ’s
instructions, together with your return the original purchase receipt (or a valid copy thereof) and all packaging, documentation and other
accompanying items. You may be required by OCZ to pay handling and transportation charges, as well as any applicable tariffs, duties,
taxes, or other fees (“Return Costs”). In addition to Return Costs, if OCZ determines that a returned product is not subject to a valid warranty
claim, OCZ may require you to pay the costs of providing any replacement products or repair services.
In order to obtain a replacement product prior to returning a defective Product (an “
Advanced Replacement
”), OCZ requires that you
provide a valid credit card authorization, which will be charged for the manufacturer’s suggested retail price of the replacement product(s)
as security for OCZ providing you the replacement unit. If you return the replaced product in accordance with OCZ’s instructions, and OCZ
receives the replaced product within thirty (30) days from the date of credit card authorization, OCZ will reverse the charge to your credit
card for the amount charged for the replacement unit. However, if you fail to return the replaced product in the condition represented in
the original replacement request and/or OCZ does not receive the replaced product as so instructed by OCZ, OCZ will not reverse the charge
on your credit card for the authorized amount.
