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. For prior versions of the limited warranty terms please click here: Limited warranty terms prior to May 25, 2018.
Products Covered and Warranty Length
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:
- EVGA Gaming Keyboards
- EVGA Gaming Mice
Limited Warranty Term
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:
- 3 Year Standard Limited Warranty Product Suffixes: -KR, -KB
- 1 Year Standard Limited Warranty Product Suffixes: -RX
Transferable Limited Warranty (Second-Hand Purchasers)
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:
- 3 Year Transferable Limited Warranty Product Suffixes: -KR, -KB
Products described by the following suffixes are not covered by the Transferable Limited Warranty: -B1, -BR, -BX, -DR, -RX, -RB
Limitation of Liability and Disclaimers
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.
What is not covered by this Limited Warranty
This Limited Warranty applies only to Products used in accordance with this Limited Warranty and EVGA'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.
- Any missing hardware, components and/or assemblies of the Product.
- 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 Product in oil, use of adhesives or glues on any part of the Product, usage of solder to the Product, 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 EVGA.
- Defects or damages resulting from improper testing, operation, maintenance, installation, service, or adjustment not furnished or approved by EVGA.
- 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 or Second-Hand 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 (except for EVGA's official eBay store), Amazon (except for EVGA's official Amazon Marketplace store), and other online auction and/or marketplace websites. If you are unsure of whether a reseller is an Authorized Reseller, please contact EVGA 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.
- EVGA only offers refunds for products purchased directly from its official website EVGA.com if such products are returned within 14 days of purchase. Returns are subject to a 15% restocking fee if the product packaging has been opened, regardless of whether the product has been used or not.
- For products not purchased at EVGA.com, refund claims, if any, are subject to the Authorized Reseller's refund policy and must be processed through the original Authorized Reseller's return policy. EVGA will not honor any refunds offered through Authorized Resellers.
- EVGA does not cover shipping costs for products that are returned for a refund.
How to obtain Warranty Service
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 email@example.com. The RMA Process is made part of this Limited Warranty and can be found here: EVGA RMA Process.
Product Warranty Replacement
- EVGA reserves the right to verify the validity of your warranty and your request for warranty service.
- EVGA reserves the right to invoice you for shipping fees and service charges for any incomplete, damaged or modified Product that is returned to EVGA 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.
- This EVGA 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.
- All products returned to Original Purchasers or Second-Hand Purchasers from EVGA's RMA department are thoroughly tested recertified products. Replacement parts and/or Products may include new or refurbished parts or Products and are warranted only until the expiration of the original warranty period. Replacement parts and/or Products will meet the standard of performance and reliability of a new Product or part of the same model, however, such Products and/or parts may have small scratches, small dents, other cosmetic defects, or noticeable use.
- If an RMA is necessary within 30 days of the original purchase date of a new in box Product, a new in box OEM replacement will be sent to the Original Purchaser in return, subject to availability.
- All recertified (B-Stock) purchases will receive a recertified product as an RMA replacement. B-Stock Products are units which may have small scratches, small dents, or noticeable use. These products are Factory Recertified to meet the performance and reliability of a new product of the same model.
Shipping to EVGA For Warranty
- Shipments to EVGA must meet the specific Shipping Guidelines for the Products, which can be found here: https://asia.evga.com/warranty/shipping/
Warranty Replacement Shipping
- EVGA will ship to the confirmed address at the time your RMA is approved.
- EVGA does not ship warranty replacements to PO Boxes, hotels or forwarding addresses.
- If your warranty replacement is unable to be delivered due to the address being invalid or delivery is not made due to lack of access, no known address, security obstacles or gated areas, you are responsible for a redirect or re-ship fee which will vary depending on your region. You must contact EVGA prior to shipment for assistance in avoiding this charge. EVGA is not responsible for packages delivered to an outdated address.
- If the product is returned to EVGA due to non-delivery you will be responsible to pay for any additional shipping charges for reshipment. EVGA encourages you to review your shipping address prior to submitting any RMA request.
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 reserve the right to update this Limited Warranty
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).