I. Limited Three-Year Warranty

Warrantor warrants that the products indicated above will be free of any defect in design, materials, or workmanship, subject to the exclusions below, fully functional, and operate faultlessly for a period of three years if used for the purpose for which it was designed, provided it was installed, used, and maintained pursuant to the installation, operational, maintenance, service instructions and manufacturer’s recommendations.

If the delivery to the customer’s address was agreed upon at the time of purchase, the warranty period commences to run with the completion of the delivery. If the customer elects to pick up the goods at the seller, the warranty period commences with the handover of the purchased items.

Warrantor undertakes, at its sole discretion, to rectify the defects at its own cost if the product malfunctions or other express warranties contained herein are breached during the warranty period. Depending on the nature of the defect, the complexity of the repair, the anticipated cost of repair, the availability of spare parts, and product obsolescence, Warrantor will, at its option, either repair or replace the product. In case repair or replacement is not possible or economically viable for Warrantor, Warrantor may provide all or some of the following alternative options at the choice of the customer: a successor model substitute, webshop credit in the amount of the original purchase price, or reimbursement of the original purchase price. Provided the product defect or malfunction falls within the scope of this warranty, Warrantor will reimburse the standard shipping costs for the return of the defective product for repair or replacement, as well as bear the costs of delivery of the repaired or replaced or substitute product to the customer.

Any part that is repaired or replaced under this warranty will be warranted only for the remainder of the warranty period of the defective product. If the defective product is replaced entirely, the warranty period shall reset and begin running anew upon dispatching the replacement product.

II. Warranty Exclusions

Defects that cannot be attributed to the Warrantor or are caused by reasons outside the Warrantor’s control are excluded from this warranty, including, but not limited to, the following:

a. immaterial deviations from the product specifications that do not materially affect the product’s form or function;
b. normal wear and tear;
c. unauthorized adaptations or modifications;
d. defects caused by inappropriate installation or operation, or excessive, inappropriate, incorrect, or
negligent use of the products (e.g., overclocking or use outside of the specified ambient conditions);
e. use of the product for purposes other than those for which the product was designed or is intended, pursuant to the operating manual (e.g., benchmarking or comparison tests);
f. defects caused by a combination of the products with non-EKCS branded products not authorized by EKCS, whether technically compatible or not;
g. defects caused by the use of inappropriate consumer materials (e.g., cooling liquids or cleaning agents);
h. defects caused by improper maintenance, repair, relocation, or reconfiguration performed by the customer due to non-
compliance with the user manual/instructions provided with the product (e.g., improper installation or insufficient cleaning);
i. defects caused by maintenance, repair, relocation, or reconfiguration procedures intended to be performed by an authorized professional but performed by unauthorized third parties;
j. defects caused by disassembly, replacement of parts (e.g., exchange of CPU, motherboard, cooling loop parts), or installation of additional parts (e.g., additional flow sensors, RAM, additional extension cards) to the product as delivered;
k. defects caused by any other interference with the product by unauthorized third parties;
l. other defects caused by failure to comply with EKCS instructions or recommendations contained in installation, operation, maintenance, service manuals, or similar documentation;
m. software defects that cannot be reproduced;
n. defects caused by third persons or Force Majeure (e.g., atmospheric discharge, electrical surge).

III. Warranty Limitations

A. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY: except for the warranties expressed herein, Warrantor disclaims all other warranties, either express or implied, including implied warranties of merchantability or fitness for a particular purpose, other than those warranties implied by and incapable of exclusion, restriction, or modification under applicable law. The term of any implied warranties that cannot be disclaimed is limited to the term of this agreement. Warrantor’s and Buyer’s maximum liability to the other is limited to the purchase price paid for products plus interest as allowed by law. Neither Buyer nor Warrantor is liable to the other if either is unable to perform due to events they are not able to control, such as acts of god, or for property damage, personal injury, loss of use, interruption of business, lost profits, lost data or other consequential, punitive or special damages, however caused, whether for breach of warranty, contract, tort (including negligence), strict liability or otherwise, other than those damages that are incapable of limitation, exclusion, or restriction under applicable law. This agreement gives you specific legal rights, and you may also have other rights that vary from jurisdiction to jurisdiction. Some jurisdictions do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

B. This warranty does not apply to any factory-state software installed on the product originally supplied by the Warrantor or any software installed or data stored subsequently on the product by the customer. The terms and conditions of the concerned software or data publisher apply.

C. Regular maintenance and care and consumer materials (e.g., coolant) are not subject to warranty.

D. This warranty does not apply to defects known to the customer at the time of purchase or that could not have remained hidden to a reasonably prudent customer upon routine inspection of the product upon receipt.

E. Warranty is void if the warranty label, warranty seals, or serial number labels are tampered with or removed. During the warranty period, Warrantor will provide any repair or maintenance services requiring the removal, damaging or other tampering of the warranty label, warranty seals, or serial number labels free of charge.

F. Any warranty claims are subject to proof of purchase and the date of purchase (e.g., purchase invoice, shipping slip). In the case of products granted as complimentary samples, gifts during promotional actions, or rewards during promotional events, any warranty claims are subject to proof of acquisition and the date of acquisition. Warrantor reserves the right to reject warranty claims without proof of purchase or acquisition.

G. Warrantor shall not be obligated to provide any warranty service or obligations unless the customer has paid its purchases in full under this or any other Warrantor’s invoice. Under no circumstances shall Warrantor be liable for any loss, cost, expense, inconvenience, or damage exceeding the product's purchase price.

IV. Warranty Claims Procedure

Detailed warranty conditions and warranty claims procedure are set forth below and available in general terms and conditions of EK Cooling Solutions LLC at http://www.ekfluidworks.com. The Warrantor reserves the right to reject claims not placed in compliance with the warranty claims procedure.

A. Contact the team via the customer service section of the webpage https://www.ekfluidworks.com/warranty or [email protected]. Provide proof of purchase/acquisition, the details on the defect, and supporting photo or video evidence. Once the team determines whether the warranty covers the product issue, you will be informed and granted the Return Merchandise Authorization (RMA), or the RMA will be rejected.

B. If Warrantor has determined that the warranty covers the product issue, Buyer may begin the warranty claim procedure through their webshop account under My Returns by specifying the affected products and selecting the desired rectification method (if any). If Buyer placed an order without creating a webshop account (i.e., as a guest), they will need to create a webshop account before initiating the warranty claim procedure and manually enter the product(s) they want rectified due to the defect covered by the warranty.

C. You may only proceed with the return once the return merchandise authorization (RMA) has been granted. EKCS reserves the right to reject any returns shipped back without the return merchandise authorization or the RMA form. Such items will be disposed of upon reception.

D. Print out the RMA document.

E. Scan or take a photo of the filled-out RMA document and submit it to EKCS as requested.

F. Securely pack the product(s), preferably in original packing and mark the package with the provided RMA number. Include the RMA document in the package.

G. Print out and affix the shipping label to the package.

H. Send the package to the address stated on the shipping label.

V. Dispute Resolution and Governing Law

Arbitration is a form of private dispute resolution in which persons having a dispute agree to waive their right to file a lawsuit to proceed in court and to a jury trial, and instead agree to present their dispute to a neutral third party (arbitrator) for a binding decision. You have the right to opt out of this provision which means that you retain your right to file a lawsuit; to do so, you must read carefully and follow the directions below. Unless you opt out of the mandatory arbitration, you will be understood to have agreed to the mandatory arbitration and the provisions provided below.

These terms shall be governed by and construed in accordance with the internal laws of the State of Texas, USA, without giving effect to any choice or conflict of law provision or rule that would cause the application of laws of any other jurisdiction. NOTWITHSTANDING THE FOREGOING, ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE COMPANY’S PRODUCTS OR SERVICES, OR ANY OTHER AGREEMENT BETWEEN THE PARTIES, SHALL BE RESOLVED ONLY BY BINDING ARBITRATION CONDUCTED BY THE JUDICIAL ARBITRATION AND MEDIATION SERVICE (“JAMS”) (OR THEIR SUCCESSOR, AND IF NONE, BY THE JAMS), IN HOUSTON, TX, USA. Written notice of the demand for arbitration shall be served on the other party to this agreement and filed with JAMS. The demand for arbitration shall be made within the applicable statute of limitations. The arbitrator shall be experienced in the subject matter of the arbitration. The award shall be in writing and contain findings of fact and conclusion of law and shall set forth the nature, amount, and manner of calculating damages. The award shall be final and non-appealable. ACCORDINGLY, THE PARTIES HEREBY EXPRESSLY WAIVE THEIR CONSTITUTIONAL AND OTHER RIGHTS TO A TRIAL BY JUDGE AND/OR JURY. Warrantor and Customer agree that this agreement to submit claims to binding arbitration does not cover claims solely for injunctive relief and/or equitable relief as to which claims, and only as to which claims, it is understood and agreed that Warrantor and Customer may seek and obtain injunctive relief from a court of competent jurisdiction as a provisional remedy pending appointment of an arbitrator if applicable. The parties further agree that all claims must be brought in a party’s individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class, collective or representative proceeding. The parties expressly agree that except for any question of whether a claim can be arbitrated on a class-wide, collective or representative basis (an issue that must be decided by a court of competent jurisdiction), the arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this agreement, including but not limited to, any claims that any part of this agreement is unenforceable, void or voidable.

VI. Opting Out Of Mandatory Arbitration

You may opt out of mandatory arbitration if (a) the dispute qualifies for small claims court (there are monetary limitations for small claims court), or (b) YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU PURCHASE OR OTHERWISE ACQUIRE THE PRODUCT (the “Opt-Out Deadline”). In order to opt out of mandatory arbitration, you need to submit your written notice via Warrantor’s customer service portal, accessible at http://www.ekfluidworks.com or via [email protected]. Your written notification must include: (1) your name, (2) your address, (3) a copy of your receipt or other proof of purchase showing the date of purchase, and (4) a clear statement that you do not wish to resolve disputes with Warrantor through arbitration. Your decision to opt out of this provision will have no adverse effect on your relationship with Warrantor. Any opt-out request received after the Opt-Out Deadline will not be valid, and you must pursue your dispute in arbitration or, if the dispute qualifies, in small claims court.

The warranty is subject to the laws of the State of Texas in the United States of America.