This warranty applies only to Lexar consumer products purchased by the original end-user purchaser (“you”) from Lexar or a Lexar authorized seller. For purpose of this warranty, “Lexar consumer products” mean Lexar products manufactured and distributed solely for personal use of consumers or households (“Product”) If you purchased a product through a channel other than Lexar or a Lexar authorized seller, or if you purchased a non-Lexar consumer product, this warranty does not apply and you are advised to contact the merchant that you have purchased the product from.
Lexar warrants that, for the warranty period listed below, the Product (excluding any third-party software) will be free of defects in materials and workmanship under normal use. This warranty covers only defects arising under normal use and does not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, problems with electrical power, usage not in accordance with Product instructions, acts of nature or improper installation or repairs made by anyone other than Lexar or a Lexar authorized service provider. The original end-user purchaser referred to in this Warranty Policy does not include any purchasers, including, but not limited to, individuals, companies, and/or other entities who purchase and use Lexar products for the purpose of making profits by allowing other individuals, companies and/or other entities to utilize Lexar products, such as rental business.
You must have proof of purchase and obtain warranty service authorization from Lexar, including a Return Materials Authorization, or RMA, number within the applicable warranty period before returning defective products to Lexar. All returns are subject to Lexar’s standard RMA Terms and Conditions which can be found online at www.lexar.com/support. Returned products must be shipped prepaid and packaged appropriately, and it is recommended that they be insured or sent by a method that provides for tracking of the package. Lexar is not responsible for any Product that is lost or damaged in transit.
Your exclusive remedy and Lexar’s entire liability under this warranty will be for Lexar at its option to repair, replace, or refund the Product that is determined by Lexar to be defective during the applicable warranty period. A refund would be the purchase price less any rebates or the current market value of the Product at the time the warranty claim is made to Lexar, whichever is lower. Lexar does not warrant against loss of any data or images (including data stored on Product returned to Lexar for service), and assumes no liability for such loss.
All implied warranties or conditions of merchantability, satisfactory quality or fitness for a particular purpose are limited to the duration of the applicable express warranty. All other express or implied conditions, representations and warranties, including any implied warranty of non-infringement, are disclaimed to the fullest extent permitted by law.
There are inherent risks associated with any security safeguard, including encryption technology, and security safeguards, which by their nature, are capable of circumvention. Lexar cannot, and does not, guarantee that your data will not be accessed by unauthorized persons, and Lexar disclaims any warranties to that effect to the fullest extent permitted by law. Some jurisdictions do not allow limitations on how long an implied warranty lasts or at all, so the above limitation may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights, which vary by jurisdiction. This limitation does not affect your statutory rights.
All third party software provided with the Product is provided “AS IS”. You assume the entire risk as to the quality, performance, accuracy and effect of such software, and should it prove defective, you, and not Lexar, assume the entire cost of all necessary servicing or repair.
To the extent not prohibited by law, in no event will Lexar be liable for any lost images, data, revenue or profit, or for special, indirect, consequential, incidental or punitive damages, however caused regardless of the theory of liability, arising out of or related to the use of or inability to use the product, even if Lexar has been advised of the possibility of such damages. In no event will Lexar’s liability exceed the amount paid by you for the product.
The foregoing limitations will apply even if any warranty or remedy provided under this Agreement fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Australia Purchases: Our Products 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 Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure. The benefits under our limited warranty are in addition to the other rights and remedies under applicable law in relation to the products. If you believe you have a warranty claim, contact your local authorized dealer from which you purchased the product.
