These XP Care terms and conditions (“Service Contract”) govern the services provided by Corsair Memory, Inc. (“Corsair”, “we”, “our”) to certain Corsair branded hardware products which are eligible for this extended limited warranty (each a “Covered Product”). For any questions regarding this Service Contract or coverage in general, please call our XP Care Support at 1-844-426-7724 available 24/7.
Benefits under this Service Contract are additional to your rights under applicable laws, which may vary from state to state.
THIS EXTENDED WARRANTY REPLACES AND SUPERSEDES THE CORSAIR LIMITED WARRANTY THAT OTHERWISE APPLIES TO ALL CORSAIR BRANDED PRODUCTS, AND IN THE CASE OF A CONFLICT BETWEEN THE TERMS OF THIS EXTENDED WARRANTY AND THE CORSAIR LIMITED WARRANTY, THE TERMS OF THIS EXTENDED WARRANTY WILL CONTROL.
AS DETAILED BELOW, WE WARRANT THAT DURING THE SERVICE CONTRACT TERM, THE COVERED PRODUCT WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP WHEN USED IN ACCORDANCE WITH CORSAIR’S PUBLISHED GUIDELINES.
OUR RESPONSIBILITY FOR DEFECTIVE GOODS IS LIMITED TO UP TO TWO REPLACEMENTS AS DESCRIBED BELOW IN THIS SERVICE CONTRACT.
Warranty Contents
- Product Eligibility
- What Does XP Care Cover
- What Does XP Care Not Cover
- No Deductible
- What Are Your Remedies Under XP Care
- Who May Use XP Care; Transferability
- What Is The Period Of Coverage
- How to Make a Claim
- Your Responsibilities
- Limitation of Liability and Data Loss
- Cancellation
- Miscellaneous
- State Variations
Product Eligibility
- In order to obtain XP Care, you must purchase it directly through our website Corsair.com at the same time you purchase the Corsair Covered Product.
- XP Care is not currently available post-purchase, or on items bought anywhere other than the Corsair website.
- Purchases from authorized Corsair resellers are not eligible for services hereunder.
- You can purchase XP Care for certain PCs and gaming peripherals that come with a standard warranty. Individual PC components and bundled items are not eligible.
- XP Care does not apply to any non-Corsair branded hardware products.
What Does XP Care Cover
XP Care covers defects in material and workmanship of the Covered Product during the Service Contract Term when used in accordance with Corsair’s published guidelines, and also covers normal wear and tear and any electronic, or mechanical breakdowns that happen during normal use. Published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.
What Does XP Care Not Cover
- Cosmetic damage (e.g., scratches, abrasions, or changes in color, texture, or finish) that does not otherwise affect or impede the Covered Product functionality or materially impair its use;
- Preventative maintenance;
- Any modifications, abuse, accidents, misapplication, or unauthorized repair;
- Accidental or intentional damage, including excessive physical damage (e.g., products that have been crushed, bent or submerged in liquid), caused by reckless, abusive, willful or intentional conduct;
- Any improper operations, including any use not in accordance with published guidelines;
- Missing, altered, or otherwise unreadable serial number label, manufacturer model or part number label;
- Connection to any improper voltage supplies;
- Any product that is not a Covered Product;
- Any loss of the hardware product by theft, misplacement or the removal of the product from your control for any reason , or bundled offers;
- Damage caused by fire, earthquake, flood, or other similar external causes;
- Any other cause not related to a product defect in materials or workmanship; or
- Backing up or recovering data, as further described below.
These restrictions do not prejudice your consumer law rights.
XP Care does not apply to any software, even if packaged or sold with the Covered Product, including any Corsair branded software products. Please refer to the licensing agreement accompanying the software for details of your rights with respect to its use.
No Deductible
No deductible payment is required in order to receive service for the Covered Product.
What Are Your Remedies Under XP Care
With respect to any Covered Products that have broken down through normal use during the Service Contract Term, we will replace such Covered Product (up to two times) free of charge with brand-new (not refurbished) items, usually of the exact same make and model. Once we approve your claim, we will ship your brand-new replacement within 3 business days. All claims get free shipping to and from our processing centers. An obsolete or discontinued product will be replaced by the same product if it is available. If the same product is unavailable, Corsair will replace the obsolete or discontinued product with a product of similar function and capacity of equivalent or equal value. This Service Contract may not provide any coverage if you make unauthorized repairs. You may not exercise your rights hereunder by re-purchasing a replacement product from Corsair or an authorized Corsair reseller.
XP Care allows two successful replacement claims per plan. No refunds are available. Any replaced Corsair product will be warranted for the remainder of the original Service Contract Term or 30 days, whichever is greater, or the period of time required by local statute. Once your Covered Product has been replaced by a brand-new item of equivalent or equal value for the second time, the XP Care warranty is essentially fulfilled. But you can call for non-claim support as often as you need to.
Who may use XP Care; Transferability
XP Care protection plans are not transferable. We extend this Service Contract only to the consumer who originally purchased the covered product ("you").
What is the Period of Coverage
The period of coverage will be the period of time in which the provisions of this Service Contract are valid (the “Service Contract Term”) beginning with the purchase date as listed on the sales receipt for your Corsair Covered Product and the Warranty ID Number that you receive upon purchase of XP Care, and ending upon the last day of the term.
How to Make a Claim
To obtain warranty service, you must file a claim 24/7 from your Corsair account page (just go to the XP Care management page (/my-account/xp-care) under My Account, find the item you need to file a claim on, and select Get Support. No warranty service will be provided without a Warranty ID Number and to properly file a claim you might need to provide information about the causes of the issues with the Covered Product. If you bought your Covered Product through our guest checkout, you should get an email prompting you to create an account in order to manage your warranty, with the subject line “Your New XP Care Protection Plan.”
Returning Your Product
If you need to return your Corsair product for replacement, after you file a claim, Corsair will send you a confirmation e-mail containing a Return Merchandise Authorization (RMA) number and return instructions, as well as a pre-paid shipping label.
When you return the product, send the package, with the Warranty ID Number and a printed copy of your RMA confirmation email using the pre-paid shipping label provided by Corsair.
Products Lost or Damaged During Transit
Corsair is not responsible for damage incurred during shipping to an RMA location. You must follow the instructions for displaying the RMA number and all other return instructions. You must use the pre-paid shipping label sent to you for sending the Corsair Covered Product back to Corsair.
Packages that arrive with any external damage or appear inadequately packed may be refused and returned to the sender.
RMA Processing
Once Corsair receives your package, the following will happen:
- Before acceptance, we will perform a visual inspection of the package to ensure there is no visible damage during transit that could affect the product being returned.
- We will perform individual visual inspections on all products to ensure the products are genuine Corsair products with all visual labels intact and free of physical damage or abuse.
- We will confirm the RMA number, which should be written on the outside of the package.
- We reserve the right to return any damaged packages or packages with no RMA numbers clearly marked on the exterior to the sender.
- After inspection, we will confirm the product as received and begin processing.
You will receive automatic email updates throughout the RMA process.
Your Responsibilities
To receive service or support under XP Care, you agree to (i) provide the Warranty ID Number, (ii) respond to requests for information needed to diagnose or service the Covered Product, and (iii) protect the Covered Product against any further damage.
You agree to return the defective product (upon request by Corsair Customer Service) to one of Corsair's warehouses, using the pre-paid return label that will be provided. Failure to return the defective product within 14 days will void this warranty agreement, and no partial refunds will be given in this case.
Limitation of Liability and Data Loss
Limitation of Liability
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THIS SERVICE CONTRACT. to the maximum extent permitted by applicable law, corsair’s LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR xp cARE. Corsair shall not be liable for any special, incidental, indirect, punitive or consequential damages or losses whatsoever, including but not limited to:
- Loss of profits, revenue, or data (whether direct or indirect)
- Commercial loss from breach of any express or implied warranty
TO THE EXTENT PERMITTED BY APPLICABLE LAW, CORSAIR DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, CORSAIR LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THE SERVICE CONTRACT TERM. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LAST, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Data Loss
We recommend you back up all data and remove all confidential, proprietary, and personal information. Corsair is not responsible for backing up or recovering any data you have lost when using Corsair storage devices and we are unable to transfer such data to any replacement product that may be provided to you.
As part of the replacement process, all software and data on your returned system will be reset to factory settings. Corsair will not return any aftermarket or upgraded storage devices to you. Corsair is not responsible for any data loss suffered and will not be responsible for restoration or reinstallation of any of your programs or your data.
Cancellation
You may cancel this Service Contract at any time for any reason by calling Corsair at 1-844-426-7724, or by sending written notice with your Warranty ID Number to Corsair Memory, Inc, 115 N. McCarthy Blvd, Milpitas, CA 95035, Attn: Customer Service Manager.
Unless local law provides otherwise, cancellation refunds will be provided as follows:
(A) if your cancellation request is within thirty (30) days of your XP Care purchase date, you will receive a full refund less the value of any service (except where prohibited, as indicated in the State Variations Section below) provided under the Service Contract.
(B) if your cancellation request is made after thirty (30) days of your XP Care purchase date, you will receive a prorated refund of the original purchase price. The prorated refund is based on the percentage of unexpired Service Contract Term, less the value of any service (except where prohibited, as indicated in the State Variations Section below) provided to you hereunder.
The value of any services provided under the Service Contract will include the value of any new replacement products delivered to you pursuant to a claim under the Service Contract and the out-of-pocket costs of shipping and handling. It is possible that no refund will be repaid to you if you request a refund after you have received services pursuant to a Service Contract claim. Note that once your item has been replaced by a brand-new item of equivalent or equal value for the second time, the XP Care warranty is essentially fulfilled.
Miscellaneous
(a) Corsair may subcontract or assign performance of its obligations to third parties but shall not be relieved of its obligations to you in doing so.
(b) Corsair is not responsible for any failures or delays in performing under the Service Contract that are due to events outside of Corsair’s reasonable control.
(c) This Service Contract is offered and valid only in the fifty states of the United States of America and the District of Columbia. Persons who have not reached the age of majority may not purchase XP Care. XP Care may not be available in all jurisdictions, including all provinces and territories of Canada.
(d) In carrying out its obligations Corsair may, at its discretion and solely for the purposes of monitoring the quality of Corsair’s response, record part or all of the calls between you and Corsair.
(e) You agree that any information or data disclosed to Corsair under this Service Contract is not confidential or proprietary to you. Furthermore, you agree that Corsair may collect and process data on your behalf when it provides service. This may include transferring your data to affiliated companies or service providers in accordance with the Corsair Customer Privacy Policy available at https://www.corsair.com/privacy-policy.
(f) Corsair will protect your information in accordance with the Corsair Customer Privacy Policy mentioned above. If you have any questions or concerns about our use of your personal information, you may contact Corsair at data.controller@corsair.com.
(g) As used in this Service Contract, “Corsair” is Corsair Memory, Inc., a Delaware corporation with its principal place of business at 115 North McCarthy Blvd, Milpitas, CA 95035 (“Corsair Memory”), which is the obligor for all payments and services under this Service Contract (the “Obligor”), except in the states of Ohio, North Carolina and Utah in which the Obligor under this Service Contract will be Lexington National Warranty Services. XP Care sold in the United States are backed by the full faith and credit of the Obligor, Corsair Memory, Inc. and are not guaranteed under a service contract reimbursement insurance policy, except in Ohio, North Carolina and Utah in which Lexington National Warranty Services is the Obligor.
(h) The Administrator is Corsair Memory (the “Administrator”). The Administrator is responsible for the collection of the purchase price for this Service Contract and for the administration of claims under this Service Contract.
(i) You can find the purchase price of XP Care on the original sales receipt as provided by Corsair.
(j) There is no informal dispute settlement process available under this Service Contract.
(k) Except where prohibited by law, the laws of the State of California shall govern XP Care purchased in the United States. If these terms are inconsistent with the laws of any jurisdiction where you purchase XP Care, including the laws of Florida, Georgia, Vermont, Washington and Wyoming, then the laws of that jurisdiction will control.
(l) Support services under this Service Contract may be available in English only.
State Variations
If you purchased XP Care in the following states, these additional terms apply: Alabama, Arkansas, California, Colorado, Georgia, Hawaii, Maine, Maryland, Massachusetts, Minnesota, Missouri, New Jersey, New Mexico, Nevada, New York, South Carolina, Texas, Washington, Wisconsin and Wyoming Residents. If you purchased XP Care in one of these states, this term applies to your Service Contract:
If you cancel this Service Contract pursuant to these terms and conditions, and Corsair fails to refund the purchase price to you within the time period specified below Corsair will pay you a penalty of ten percent (10%) per month for the unpaid amount due and owing. For California, New York and Washington residents, Corsair will provide a refund within 30 days. For Alabama, Arkansas, Colorado, Georgia, Hawaii, Maine, Maryland, Massachusetts, Minnesota, Missouri, Nevada, New Jersey, South Carolina, Texas, Wisconsin and Wyoming residents, Corsair will provide a refund within 45 days. For New Mexico residents, Corsair will provide a refund within 60 days. The right to cancel and receive this penalty payment only applies to the original owner of XP Care and may not be transferred or assigned.
Arizona:
At a minimum, a service contract shall provide for a pro rata refund after deducting for benefits paid and administrative expenses associated with the cancellation. The administrative expenses may not exceed $75 or ten percent of the purchase price of the service contract, whichever is less.
Connecticut:
The Service Contract Term will automatically be extended by the period that the Covered Product in in Corsair’s custody while its being serviced. Unresolved disputes may be mailed to the State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142-0816, Attn: Consumer Affairs.
Florida:
The rate that is charged for this Service Contract is not subject to regulation by the Florida Office of Insurance Regulation.
Georgia:
This is not a contract of insurance.
Indiana:
This Service Contract is not insurance and is not subject to Indiana insurance law.
Nevada:
If you are not satisfied with the manner in which Corsair is handling any claim on the contract, you may contact the Commissioner by using of the following toll-free telephone number of the Nevada Division of Insurance: (888) 872-3234.
New Hampshire:
In the event you do not receive satisfaction under this contract, you may contact the New Hampshire Insurance Department at 21 South Fruit Street, Suite 14, Concord, NH 03301 or through the Consumer Hotline at 1 (800) 852-3416.
New York:
If no claim has been made under the Service Contract, and the holder returns or terminates the Service Contract within thirty (30) days, the contract shall be void and Corsair shall refund to the contract holder the full purchase price of the Service Contract.
North Carolina: We may not cancel this Service Contract except for nonpayment by you or for violation of any of the terms and conditions of this Service Contract.
South Carolina:
In the event of a dispute with the provider of this contract, you may contact the South Carolina Department of Insurance, Capitol Center, 1201 Main Street, Ste. 1000, Columbia, South Carolina 29201 or by phone at (800) 768-3467.
Tennessee:
The Service Contract Term shall be extended the number of days you are deprived of the use of the product by reason of the product being in repair plus two (2) additional workdays.
Texas:
Any unresolved complaints concerning providers and administrators or questions concerning the regulation of service contract providers and administrators may be addressed to the TX Department of Licensing and Regulation, Service Contract Providers, PO Box 12157, Austin, TX 78711, (800) 803-9202 [in state only], (512) 463-6599.
Utah: This Service Contract is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this Service Contract is not guaranteed by the Utah Property and Casualty Guaranty Association. Proof of loss should be furnished by you to the Administrator as soon as reasonably possible. Failure to furnish such notice or proof within the time required by this Service Contract does not invalidate or reduce a claim. The CANCELLATION section is amended as follows: Corsair may cancel this Service Contract within the first sixty (60) days for any reason. After the first sixty (60) days, we may only cancel this Service Contract for material misrepresentation, substantial change in the risk assumed, and substantial breaches of contractual duties, conditions or warranties. Regardless of when Corsair cancels this Service Contract, at least ten (10) days’ notice of such cancellation will be given before the cancellation takes effect if the reason is for non-payment; and a thirty (30) day notice will be given prior to the cancellation effective date, if Corsair cancels for any other reason. Any matter in dispute between you and Corsair may be subject to arbitration as an alternative to court action pursuant to the rules of (the American Arbitration Association or other recognized arbitrator), a copy of which is available on request from Corsair. Any decision reached by arbitration shall be binding upon both you and Corsair. The arbitration award may include attorney's fees if allowed by state law and may be entered as a judgment in any court of proper jurisdiction.
Virginia:
If any promise made in the contract has been denied or has not been honored within 60 days after your request, you may contact the Virginia Department of Agriculture and Consumer Services, Office of Charitable and Regulatory Programs at http://www.vdacs.virginia.gov/food-extended-service-contract-providers.shtml to file a complaint.
Wisconsin:
THIS CONTRACT IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE.