Mushkin Enhanced MFG, Limited Warranty Terms and Conditions

Mushkin warrants to the first consumer purchaser that this Mushkin product, when shipped in its original container, will be free from defects in material and workmanship and agrees that it will, at its option, repair or exchange (with the most similar available product, refurbished or new) the defective product at no charge to the purchaser, provided:

1. the product (including its label) has not been abused, misused, replaced, repaired or modified, and
2. the product was properly installed and used in its recommended environment, and
3. proof of purchase is provided
4. the product shipped to Mushkin must be properly packaged to prevent loss or damage in transit. Mushkin will not repair or replace a module that is shipped in such a way that the product is not properly protected.
5. the customer is solely responsible for the cost of returning defective product(s) and in no way hold Mushkin liable for damages or loss which maybe caused during shipping. Mushkin in return will cover the return shipping of product(s) to customer’s location.

Warranty Term

Memory Modules: Limited Lifetime Warranty (See Below)*.

At Mushkin’s option, DRAM memory that fails due to a manufacturing defect will be repaired or replaced with the most similar memory product available at that time. Memory products will be matched by technology type (DDR1, DDR2,etc.) and then by size (capacity). Mushkin will always replace memory with a memory product of equal capacity. Mushkin will make every effort to also match the speed and timings of the memory but given changes in IC designs and performance, this may not always be possible.

USB Flash Drives: 2 Year Limited Warranty.

SD & microSD cards: 3 Year Limited Warranty.

Power Supplies: 2-3 Year Limited Warranty (Depending on model)

Io Series Solid State Drives: 2 Year Limited Warranty.

Solid State Drives:

Solid State Drives (SSD) – A period of 3 years from purchase date

-OR-

Maximum Total Bytes Written (TBW) to flash by capacity using the JEDEC standardized formula as shown below:

TBW =     (P/E Cycles) * (Raw Capacity)

2 * (Write Amplification)

Other Products: Accessories carry a 90 day warranty

This warranty is in effect beginning from the date of purchase and must be verified with an original invoice to establish purchase date and original purchaser. This warranty extends only to the original purchaser and is non-transferable, except where prohibited by law, to anyone who subsequently purchases the product from the original purchaser. All warranty returns must be received on or before the warranty expiration date.

Compatibility

For your convenience we offer a 30 day compatibility warranty. It is the consumer’s responsibility to operate the memory product in their system to verify compatibility within the warranty period. If an incompatibility issue occurs, consumers who purchased the product through an authorized reseller may return the product to the place of purchase within the time limits allowed by that reseller. If the product was purchased through www.mushkin.com, then please apply for a support ticket.

Limited Replacement Policy – Flash products

Mushkin flash products (SSDs and UFDs) have a limited 30 day return policy. These products may be returned for exchange to the place of purchase within 30 days. After 30 days, flash products may be returned for exchange to Mushkin directly. No refunds will be given for flash products. Products covered by this return policy may only be returned for a replacement of the same or equivalent item.

If the Product, which is the subject of this Limited Warranty, fails to conform to the above warranty during the warranty period, Mushkin, at its option and sole discretion, will repair or replace the Product with another product (where the replacement product is an equivalent product at the time a claim for warranty service is made to Mushkin under this Limited Warranty).

The customer is responsible for return freight and product packaging; Mushkin is responsible for freight charges in the shipment of RMA product to the customer and appropriate product packaging. The Limited Warranty will extend to Product which is repaired or replaced for the balance of the applicable period of the original warranty or thirty (30) days from the date of return shipment from Mushkin of a repaired or replacement Product, whichever period is longer. This warranty does not extend to any product not purchased from Mushkin or to any product that has been damaged or rendered nonconforming:

As a result of accident, misuse, or abuse.

• By the use of parts not manufactured or sold by Mushkin Enhanced MFG.
• By modification of the product.
• As a result of service by anyone other than Mushkin Enhanced MFG.
• By use in applications not conforming to the environmental or operating specifications for the product.
• By shipping damage due to inadequate packaging by the customer in sending product for repair or upgrade.
• By customer induced damage, whether accidental or deliberate, due to unusual physical, electrical, or electromagnetic stress including, but not limited to, electrical surges and/or power failures.

WARRANTY LIMITATIONS AND EXCLUSIONS

MUSHKIN DOES NOT WARRANT THAT THE PRODUCT WILL BE FREE FROM NON-SUBSTANTIAL DESIGN DEFECTS OR ERRORS. THIS LIMITED WARRANTY REPLACES ALL OTHER WARRANTIES FOR THE PRODUCT AND MUSHKIN DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, COURSE OF DEALING AND USAGE OF TRADE. ALL EXPRESS AND IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THAT PERIOD.

MUSHKIN’S TOTAL LIABILITY UNDER ANY WARRANTY, EXPRESS OR IMPLIED, IS LIMITED TO REPAIR, REPLACEMENT OR REFUND. UNDER NO CIRCUMSTANCES WILL MUSHKIN BE LIABLE FOR DAMAGES, LOST REVENUE, LOST WAGES, LOST INFORMATION, DEATH OF ANY PERSON, LOSS OF ANY KIND, INJURY OR DAMAGE TO PERSONS, OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGE ARISING FROM PURCHASE, USE OR INABILITY TO USE THIS PRODUCT, EVEN IF MUSHKIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CONCERNS.

MUSHKIN WILL NOT HAVE ANY LIABILITY FOR ANY DAMAGES ARISING FROM THE USE OF THE PRODUCTS IN ANY HIGH RISK ACTIVITY, INCLUDING, BUT NOT LIMITED TO, THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, MEDICAL SYSTEMS, LIFE SUPPORT OR WEAPONS SYSTEMS.

DISPUTES

ANY DISPUTE RELATING IN ANY WAY TO MUSHKIN SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN AUSTIN, TEXAS, EXCEPT THAT, TO THE EXTENT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE MUSHKIN’S INTELLECTUAL PROPERTY RIGHTS, MUSHKIN MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF TEXAS, AND YOU CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN SUCH COURTS. ARBITRATION UNDER THIS AGREEMENT SHALL BE CONDUCTED UNDER THE RULES THEN PREVAILING OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR’S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE.