It is brand new and the box has never been opened. The card comes with a 5 year warranty. This card also comes with a voucher for the following games: Deus EX: Human Revolution, Dirt Showdown, and Nexuiz. You probably already know this if you are interested in this card, but this card will handle any game on the market at the highest settings / resolutions with no problems whatsoever.
I purchased 2 to use in a crossfire configuration. My wife about killed me and I realized that 2 of these cards was completely overkill, so I have to sell one.