C. Extent of the Limited Warranty
The warranty stated herein shall NOT apply if: (i) the Product was not used in accordance with any accompanying instructions, (ii) the Product was not used for its intended function and environment (iii) any failure or defect arose out of the presence of a third party product, software or component, whether authorized or not, (iv) any failure or defect was a result of improper installation or testing, misuse, neglect, unauthorized repair, modification, accident, or other external causes, OR (v) there exist any other circumstances which Samsung determines is evidence of a breach of this Agreement by You. You acknowledge and agree that the Product is not designed for and shall not be used in, including without limitation, life support systems, critical care, medical or safety equipment, or other applications where failure could result in loss of life or personal or physical harm, or any military or defense application, or any governmental procurement to which special terms or provisions may apply. Accordingly, Samsung disclaims any and all liability in connection with, arising out of, or related to, any such use of the Product and you assume all risks rising from any such or similar application of the Product. Samsung's warranty does NOT cover any costs and expenses relating to SSDs' overhaul/assembly and data recovery for repairs or replacements. Samsung's warranty also does NOT cover Products which, by way of example, have been received improperly packaged, altered, or physically damaged. Products will be inspected upon receipt. You can refer to a non-exhaustive list of examples of the warranty exclusions below:
- improperly packaged or shipped, including use of non-qualified shipping container;
- any alterations, modifications, or physical damage of the Product, including but not limited to, deep scratches;
- any alterations, modifications, or removal of any Samsung labels or barcodes on the Product;
- opened SSD casing; or
- tampered or missing tape seal or serial number.
D. Warranty Limitations and Limitations of Liability
Except for the express warranties stated herein, Samsung disclaims all other express and implied warranties, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, noninfringement, course of dealing and usage of trade. All expressed and implied warranties are limited in duration to the limited warranty period. This agreement contains Samsung's entire liability and your exclusive remedy for breach of this agreement. in no event shall Samsung, its suppliers or any affiliates be liable for any indirect, consequential, incidental or special damages, any financial loss or any lost data or files, even if Samsung has been advised of the possibility of such damage and notwithstanding the failure of essential purpose of any limited remedy. in no event will Samsung's liability exceed the amount paid by you for the product. these limitations and exclusions apply to the fullest extent permitted by applicable law.
E. Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Korea (excluding conflict of law’s provisions which may direct the application of another jurisdiction’s laws). All disputes, controversies or claims between the parties arising out of or in connection with this Agreement (including its existence, validity or termination) shall be finally resolved by arbitration to be held in Seoul, Korea and conducted in English under the Rules of Arbitration of the International Chamber of Commerce. The arbitral award shall be final and binding on the parties. Except to the extent entry of judgment and any subsequent enforcement may require disclosure, all matters relating to the arbitration, including the award, shall be held in confidence.