Three (3) Year Limited Warranty for AMD Thermal Solution

Except as otherwise provided herein, and only for the three (3) year period (the “Warranty Term”) beginning after the date the AMD Thermal Solution was first purchased by the original customer, AMD warrants that the AMD Thermal Solution, when properly installed and used under normal use conditions, will be free from defects in material and workmanship. Proof of purchase in the form of original receipt or reasonable facsimile identifying the original purchaser will be required for any and all warranty claims.

If the AMD Thermal Solution fails to meet the above warranties during the Warranty Term, AMD, at it’s sole option, will: (1) Repair the AMD Thermal Solution by means of hardware and/or software; (2) Replace the AMD Thermal Solution with another AMD Thermal Solution of equal or greater performance, OR (3) if AMD is unable to repair or replace the AMD Thermal Solution, refund the then-current value of the AMD Thermal Solution.

This warranty does not extend beyond the first purchaser of the AMD Thermal Solution.

Warranty Limitations and Exclusions

THIS LIMITED WARRANTY IS EXPRESSED IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, THE IMPLIED WARRANTY AGAINST INFRINGEMENT, AND OF ALL OTHER OBLIGATIONS OR LIABILITIES ON AMD’S PART, AND AMD NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR AMD ANY OTHER LIABILITIES. SOME JURISDICTIONS DO NOT ALLOW THE EXLUSION OF IMPLIED WARRANTIES SO THIS LIMITATION MAY NOT APPLY TO YOU.

ALL WARRANTIES HEREUNDER ARE LIMITED IN DURATION TO THE WARRANTY TERM AND ALL CLAIMS FOR WARRANTY SUPPORT MUST BE PROPERLY SUBMITTED TO AMD ON OR BEFORE THE END OF THE WARRANTY TERM. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE DURATION OF A WARRANTY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

This warranty shall not apply to any AMD Thermal Solutions where AMD determines that the defect or non-conformance was caused by improper use, use with processors other than AMD A-Series, Athlon™ and FX processors (below 140 watts TDP), use with motherboards/sockets other than AMD sockets AM4, AM3+, and FM2+, operation with power supply in excess of 12 volts or at ambient temperatures less than 5C or greater than 42C Thermal Solution, abuse, negligence, improper installation or testing, accident, loss or damage in transit, overclocking the Product (even when enabled by AMD), errors in the design of the product into which the Product was incorporated, external factors beyond the control of AMD or unauthorized repair or alteration by a person other than AMD.

This Limited Warranty does not cover any costs relating to removal or replacement of any AMD Thermal Solution or any other cost associated with replacement for the AMD Thermal Solution.

 

Limitations of Liability

AMD’s RESPONSIBILITY UNDER THIS, OR ANY OTHER WARRANTY, IMPLIED OR EXPRESS, IS LIMITED, AT AMD’S DISCRETION, TO REPAIR, REPLACEMENT OR REFUND, AS SET FORTH ABOVE. NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, THESE REMEDIES ARE THE SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH OF WARRANTY. AMD IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR UNDER ANY OTHER LEGAL THEORY INCLUDING, BUT NOT LIMITED TO, LOST REVENUES, LOST PROFITS, DOWNTIME, GOODWILL, DAMAGE TO OR REPLACEMENT OF EQUIPMENT AND PROPERTY, COST OF LABOR, AND ANY COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH A SYSTEM CONTAINING AMD THERMAL SOLUTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IF THE LIMITATION ON DIRECT DAMAGES IS NOT ALLOWED BY APPLICABLE LAW THEN AMD SHALL NOT BE LIABLE FOR DAMAGES IN EXCESS OF THE RETAIL PURCHASE PRICE PAID BY THE WARRANTY HOLDER.

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

For product purchased in Australia, the following provision applies: Our goods come 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 goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

 

How to Obtain Warranty Service

To obtain warranty service for the Thermal Solution, first contact the company from which you bought your boxed Thermal Solution. After their warranty expires or if you are unable to otherwise obtain warranty service you should contact AMD online at: in the U.S., Canada, Europe, the Middle East, Africa, and the Russian Federation, http://support.amd.com/consumer for Consumers, and http://support.amd.com/partner for Resellers; in Asia, Asia.support@amd.com. Please be prepared to provide 1) your name, address, and telephone numbers; (2) proof of purchase; (3) a description of the Thermal Solution; (4) a detailed description of the problem. The Technical Service Center Representative may need additional information from you depending on the nature of the problem.

Upon receipt of a Return Material Authorization (RMA) number from the Technical Service Center Representative, you will be required to send in your Thermal Solution that were packaged together in the retail container. The packaging materials themselves will not be required to process your RMA.

Any replacement AMD Thermal Solution is warranted under this written warranty and is subject to the same limitations and exclusions for the remainder of the original Warranty Term or one (1) year, whichever is longer.

Online RMA service is available at http://support.amd.com/consumer for Consumers and http://support.amd.com/partner for Resellers.

Other warranty inquires may be sent by mail to: AMD Warranty Questions, Advanced Micro Devices, Inc. P.O. Box 3453 Sunnyvale, CA 94088-3453. (Do not send the product to this address.)