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GALAX warranty terms for motherboard

GALAX (Galaxy Microsystems Ltd ) ("GALAX") warrants that the Product (defined below) delivered hereunder to the original purchaser ("Original Purchaser") from GALAX or a GALAX 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 an Authorized Reseller.

For purposes of this Limited Warranty, "Products" and "Product" mean the individual motherboard product(s)

This GALAX Limited Warranty begins from the date that the Product was originally purchased, as verified by a proof of purchase provided and/or confirmed by an Authorized Reseller.

 

Products Covered and Warranty Length

Subject to the terms and conditions of this Limited Warranty, limited warranty on any product which was originally shipped from GALAX or an Authorized Reseller. A demo, sample, or prize is not covered by the Limited Warranty.

 

Limitation of Liability and Disclaimers

THIS LIMITED WARRANTY SETS OUT THE FULL EXTENT OF GALAX’S RESPONSIBILITIES, AND THE EXCLUSIVE REMEDY REGARDING THE PRODUCTS. EXCEPT AS EXPRESSLY PROVIDED HEREIN AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GALAX 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 GALAX, RESELLERS OR ANY OTHER PARTY SHALL IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY EXPRESSLY PROVIDED HEREIN.

 

IN NO EVENT SHALL GALAX 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 GALAX 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, GALAX'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 GALAX 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 GALAX 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).

 

GALAX 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 GALAX 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.

 

GALAX 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 GALAX 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.

 

What is not covered by this Limited Warranty:

This Limited Warranty applies only to Products used in accordance with this Limited Warranty and GALAX'S published documentation, and does not cover:

- Products that are modified outside of factory specifications and/or not in factory condition.

- Products with modification to the serial number and/or factory identification labels whether removed, relocated, falsified, defaced, damaged, altered or made illegible.

- Damages to PCB (Printed Circuit Board) whether cut, scratched, warped, bent, cracked, dented or broken.

- Any damages to the components, hardware and/or assembly of the Products including but not limited to damages caused as a result of neglect, abuse, accidents, misuse, or unusual physical, electrical or electromechanical stress (including due to uninterrupted use of the Products, or use of the Products for blockchain processing, cryptocurrency mining, or similar purposes).

- Any missing hardware, components and/or assemblies of the Product.

- Damaged or bent CPU socket pins.

- Cosmetic damages deemed outside of reasonable usage caused by deep scratches, cuts, cracks, dents, discoloration, neglect, dropping or mishandling the Product.

- Products that are exposed to liquid, liquid residue or excessive humid environments resulting in rust, moisture, dampness, stains, corrosion or liquid spills on components, hardware or electronics.

- Burns or component flare-ups as a result of a liquid accident or spill.

- Direct usage of paint, submersion of the motherboard in oil, use of adhesives or glues on any part of the Product, usage of solder to the PCB, electronics and/or component modification.

- Exposure to cigarette tar residue, dampness, sand, dirt or excessive debris.

- Products that are rendered non-functional due to an accident, collision with an object or tool, use of excessive force, neglect for care, exposure to fire or abnormal heat, flooding, dirt, windstorms, lightning, earthquakes, excessive weather conditions, or other acts of God, theft, blown fuses, improper use of any electrical source, or overloaded electrical circuits.

- Defects or damage resulting from the use of a 3rd party product in conjunction or connection with accessories, products, software or secondary peripheral equipment not furnished for the usage with or approved for the Product by GALAX.

- Defects or damages resulting from improper testing, operation, maintenance, installation, service, or adjustment not furnished or approved by GALAX.

- The use of inadequate shipment packaging or use of inadequate packing material resulting in damages to the Product while in transit with Original Purchaser's shipping courier.

- Unauthorized changes to the BIOS or Firmware on Products that do not have a Multiple BIOS option may cause this warranty to be null and void.

- Products purchased from unauthorized resellers or dealers, which include, without limitation, online marketplaces such as eBay, Amazon, and any other online auction and/or marketplace websites. If you are unsure of whether a reseller is an Authorized Reseller, please contact GALAX for confirmation.

- Exclusive Remedy and Limited Refunds

- Except as specifically provided below, your sole remedy for a defective Product shall be the repair or replacement of such defective Product in accordance with the terms and conditions of this Limited Warranty.

 

Product Warranty Replacement

GALAX reserves the right to verify the validity of your warranty and your request for warranty service.

GALAX reserves the right to invoice you for shipping fees and service charges for any incomplete, damaged or modified Product that is returned to GALAX and requires repair or replacement or that is not otherwise covered under this Limited Warranty. Service charges are variable based upon the actual material and labor cost reasonably necessary to replace missing or return modified parts to their original factory condition.

Products sent in for RMA will be repaired and returned or replaced with a thoroughly tested recertified product of equal or greater performance.

Postal mail is not recommended for shipping any 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.

 

GALAX reserves the right to interpret the provisions in this GALAX Limited Warranty. The Limited Warranty may change without prior notice.