You acknowledge and agree that (A) repairs or replacements of products may be provided using new or used or refurbished parts, and (B)
as a condition to receiving any refund, you must return to OCZ (or to a location designated by OCZ) the Product for which the refund is
requested, and (C) all returned products become OCZ’s property or the property of OCZ’s authorized distributor, as applicable. OCZ reserves
the right to modify its service options and policies at any time without notice to you.
No Other Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) THE OBLIGATIONS OF OCZ SET FORTH HEREIN WILL BE OCZ’S SOLE
OBLIGATIONS, AND YOUR EXCLUSIVE REMEDY, FOR ANY BREACH OF THIS WARRANTY AND FOR ANY OTHER CLAIM ARISING OUT OF OR
RELATING TO THE OPERATION, QUALITY, CONDITION, PERFORMANCE OR DESIGN OF THE PRODUCT, AND (B) THIS WARRANTY IS THE EXCLUSIVE
WARRANTY GIVEN BY OCZ AND IS IN LIEU OF, AND OCZ HEREBY DISCLAIMS, ALL OTHER REPRESENTATIONS, WARRANTIES AND GUARANTEES
OF ANY KIND, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY WARRANTIES THAT MAY ARISE FROM A COURSE OF CONDUCT, TRADE USAGE OR
TRADE PRACTICE. No OCZ reseller, agent, or employee is authorized to make any modification, extension, or addition to this Agreement or
the warranty provided herein.
Some states or other jurisdictions do not allow the exclusion of an implied warranty, so the
above disclaimers may not apply to you, and you may have other legal rights that vary by jurisdiction.
Where applicable, all
implied warranties shall be limited to the Warranty Period.
Limitations of Liability
To the maximum extent permitted by applicable law, OCZ’s cumulative liability for all losses and damages under this Agreement or in any
way relating to the Product, whether arising out of contract, tort (including actions based on negligence, strict liability, and willful and/or
intentional conduct), warranty, indemnity, or other theory of liability and whether related to the design, performance, use, defect or failure
of a product, will not exceed the net purchase price paid by you to OCZ or OCZ’s authorized retailer for the specific Product giving rise to the
claim for such liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OCZ OR ITS DISTRIBUTORS, RESELLERS
OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, COLLATERAL, EXEMPLARY, PUNITIVE, RELIANCE OR SPECIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION OR LOSS OF DATA (DIRECT OR INDIRECT), GOODWILL, REPUTATION,
REVENUE, OR PROFITS), EVEN IF OCZ OR ANY OF ITS DISTRIBUTORS, RESELLERS OR SUPPLIERS HAS BEEN ADVISED OR MADE AWARE OF THE
POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES AND REGARDLESS OF WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING
NEGLIGENCE, STRICT LIABILITY, AND WILLFUL AND/OR INTENTIONAL CONDUCT), WARRANTY, INDEMNITY, OR OTHER THEORY OF LIABILITY.
Some states or other jurisdictions do not allow limitations of liability, so the above limitations may not apply to you, and
you may have other legal rights that vary by jurisdiction.
Miscellaneous
This Agreement can only be modified in writing signed by you and an authorized officer of OCZ, except as otherwise provided herein.
Should any term of this Agreement, for any reason, be held to be illegal or unenforceable by a court of competent jurisdiction, the
remaining terms of this Agreement shall continue in full force and effect, and the offending term shall be limited or modified to the extent
necessary to make it enforceable. This Agreement shall be construed in accordance with the internal laws of the State of California, without
application of conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) will not
apply. In any action to enforce this Agreement or arising out of this Agreement, you hereby consent to the jurisdiction of and venue in the
courts of the State of California and the federal courts located within Santa Clara County, California, for the adjudication of all matters
relating hereto or arising hereunder. You agree not to bring suit against OCZ in any jurisdiction other than Santa Clara County in the State
of California.
Special Terms for Customers Purchasing the Product in Australia -- Australia ACCC Warranty Regulation
If and only if you purchased the Product in Australia, the following special terms apply to you: the Product so purchased comes with
guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and
for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Product repaired or replaced if the
Product fails to be of acceptable quality and the failure does not amount to a major failure. The warranty starts from the data of purchase.
Proof of purchase that includes the original data is required for the warranty services. If the Product is defective and not caused by accident
or improper usage please properly package and return the Product at your expense to the place of purchase, or kindly contact us.
For additional support, log on to www.ocztechnology.com/support
