Subject to the exclusions below, AMD warrants that Products as delivered will be free from defects in materials and workmanship and will substantially conform to AMD’s specifications, including publicly available Product datasheets and known issues and errata (“Limited Warranty”) for the Warranty Period. The “Warranty Period” shall commence on the date that title for the Products transfers to Customer and shall be for a period of three (3) years (or five (5) years as sold at the time of Product’s purchase) on the Products; provided however, that (a) the parties may agree to a different time period in a signed writing. The Limited Warranty on any replacement Products shall terminate with the warranty of the original Product. This Limited Warranty applies only to the original purchaser of the Product and does not extend to subsequent owners or other third parties, except where required by applicable law.
- Remedy. If the Product fails to meet the Limited Warranty during the Warranty Period, AMD, at its sole option, will: (i) repair the Product, which may include a requirement for Customer to implement or install software or Firmware updates to the Product or to Customer’s product or environment; (ii) replace the Product with a new, previously owned, or reconditioned Product of the same model or with a model that has equivalent performance; or (iii) if AMD cannot repair or replace the Product, refund the purchase price of the Product. This Limited Warranty is only available if: (i) Customer promptly notifies AMD in writing during the Warranty Period of any defect or nonconformance in the Product, (ii) Customer obtains authorization from AMD to return the defective Product, (iii) the defective Product is returned to AMD in accordance with AMD’s shipping instructions, and (iv) AMD confirms defect or nonconformance or otherwise validates the warranty claim. For Limited Warranty returns, risk of loss will transfer to AMD when the defective Product is provided to AMD’s carrier.
- Exclusions. AMD’s distributors, resellers, third parties, agents or employees are not authorized to modify, extend or add to this Limited Warranty. Any technical advice or assistance, referrals or qualification or testing data provided by AMD is provided AS IS and WITH ALL FAULTS. This Limited Warranty does not apply to and excludes to the maximum extent permitted by applicable law: (i) Engineering Samples, wafer and die (ii) any products procured from unauthorized sources; (iii) Products that have been subject to misuse, mishandling, accident, alteration, neglect, or unauthorized repair or installation; (iv) Products used in an application or environment that is not within the specifications; (v) Devices that are programmed with a design that differs from the design verified by AMD to program such devices; (vi) Products returned to AMD in a condition that prevents or limits testing or failure analysis, such as Products that have been programmed by Customer with encryption or other technology such as eFuse; (vii) Products that have been overclocked (even when overclocking is enabled through settings in hardware or software that are made available by AMD, or otherwise described by AMD in its Product materials); (viii) design defects or errors in the Product disclosed as errata in AMD technical documents; (ix) defects or nonconformities caused by: defects in the board, computer system, or other Customer product into which the Product was incorporated; any other external factors beyond the control of AMD; security vulnerabilities or security threats, including intentional misconduct by third parties; or use of a heatsink or fan not provided or expressly recommended by AMD or otherwise not conforming to the applicable AMD thermal design documentation requirements.
Disclaimer. TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE REMEDIES SET FORTH IN THIS SECTION ARE THE EXCLUSIVE REMEDIES FOR ANY BREACH OF THIS LIMITED WARRANTY (OR UNDER ANY OTHER WARRANTY IMPOSED UNDER APPLICABLE LAW THAT CANNOT BE DISCLAIMED), NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY SUCH REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS PROVIDED BY THE LIMITED WARRANTY, ALL PRODUCTS ARE SOLD “AS-IS” WITH NO WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION: ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR ANY OTHER WARRANTIES THAT MAY ARISE FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. AMD DOES NOT WARRANT OR REPRESENT THAT PRODUCTS: (1) ARE FULLY VERIFIED, TESTED; (2) PROVIDE ANY PARTICULAR FUNCTIONALITY, OR WILL MEET THE REQUIREMENTS OF A PARTICULAR CUSTOMER APPLICATION; OR (3) ARE ERROR-FREE OR WILL OPERATE UNINTERRUPTED. This Limited Warranty is a global voluntary manufacturer’s warranty. Customer’s rights under this warranty may be in addition to, and not instead of, any rights provided by applicable local consumer law. Some jurisdictions do not allow the exclusion of implied warranties, so these limitations may not apply.