3.1 This Warranty does not apply to defects or damages to Products caused by human error-related factors or any other non-ordinary factors, including but not limited to:
(1) Malfunctions or damages caused by force majeure such as natural calamity or any inappropriate use by any person.
(2) Product has been repaired or taken apart by unauthorized technicians.
(3) Warranty label is altered, damaged or missing.
(4) Product serial number does not conform to XPG’s records, or is difficult to ascertain.
(5) Please note the warranty does not cover standard wear and tear or user errors.
Exception of warranty
3.2 NEVER does this Warranty apply to the recovery or back-up on any digital data in the Product. XPG does not guarantee the completeness of digital data stored in the Product during and after Warranty Service, and is not liable for any damages or losses of digital data stored in repaired Products. Furthermore, XPG shall in no event be liable for, during the delivery of the Product, any damages to the Product and any losses of digital data stored in Products. Consequently, before sending the Product to XPG for Warranty Service, if it is equipped with storage function, it is suggested that you make a back-up of your digital data from the Product and remove those digital data from the Product.
3.3 To the extent that applicable laws or regulations allow, in no event shall XPG be liable, under this Warranty, for any losses of profit, anticipated savings and digital data, or indirect, incidental or consequential losses or damages caused by Products.
3.4 XPG manufactures consumer and business-class Products. Since Products are not designed for extreme precision technology or absolute safety applications, it is not recommended to apply the Products in life support machines or other emergency equipment, which may lead to personal injury or death if such equipment is defective or suffers a breakdown, including but not limited to medical or medical-related equipment, military or military-related equipment, aircraft, traffic control equipment, disaster prevention systems, combustion control system, nuclear energy system, and so forth. XPG shall not be liable for any personal injury or death, or any loss or damages to property arising from such kind of application mentioned above.
3.5 XPG makes no other warranties, including any warranty of merchantability or fitness for a particular purpose, whether expressly or implied per the Products. In the event that any law or regulation of a particular country/region prohibits the exclusion of implied warranty (i.e. warranty of merchantability and fitness), the terms of XPG’s implied warranty shall be subject to such laws/regulations or the Warranty term hereunder, whichever is shorter.
3.6 Counterfeit products are NOT covered by this or any XPG warranty. Counterfeit products are any products that XPG, at its sole discretion, determines were not manufactured by XPG or any of its authorized manufacturing partners. Counterfeit products will be reported for investigation and will NOT be returned.
3.7 Obsolete or Discontinued Products An obsolete or discontinued product will be replaced by the same product, if it is available. If the same product is not available, XPG will replace the obsolete or discontinued product with a product of similar function and capacity.
3.8 Certified Refurbished Products All certified refurbished products have a 90-day, replacement-only warranty.
3.9 European Union Exceptions
(1) In the European Union, the minimum warranty period provided by resellers is 2 years; local country regulations apply.
(2) The minimum warranty period for refurbished products is 1 year; local country regulations apply.
(3) For consumer transactions in certain jurisdictions, including but not limited to, the European Union, Australia and New Zealand, the limited terms contained in this statement, unless legally prohibited, are in addition to the mandatory statutory rights applicable to the sale of this XPG product to you in those jurisdictions.