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Monster, LLC, 7251 West Lake Mead Blvd., Las Vegas,
NV 89128, USA,
[PLEASE NOTE THAT MONSTER DOES
NOT ACCEPT PRODUCTS SHIPPED TO THIS ADDRESS –
FOLLOW INSTRUCTIONS IN “HOW TO MAKE A CLAIM”
BELOW]
(415) 840-2000 (“Monster”) extends You this
Limited Warranty. Statutory or common law may
provide You with additional rights or remedies,
which shall not be affected by this Limited Warranty.
Definitions
“Adequate Use”
means use of the Product (i) within
a home or dwelling, (ii) for private (as opposed
to commercial) purposes, (iii) in conformance with
all applicable law, code or regulations (including
without limitation building and/or electrical
codes), (iv) in accordance with manufacturer
recommendations and/or instructions in the
materials and documentation that accompany
the Product, and (v) if applicable, with proper
electrical grounding.
“Authorized Dealer”
means any distributor, reseller
or retailer that (i) was duly authorized to do business
in the jurisdiction where it sold the Product to You,
(ii) was permitted to sell You the Product under
the laws of the jurisdiction where You bought the
Product, and (iii) sold You the Product new and
in its original packaging.
“Formal Warranty Claim”
means a claim made
in accordance with the section “Formal Warranty
Claims” herein.
“Product”
means a Product (i) that is listed in the
Specifications Table below, (ii) that You bought
from an Authorized Dealer new and in its original
packaging, and (iii) whose serial number, if any,
has not been removed, altered, or defaced.
“Product Defect”
means an inadequacy of the
Product that existed at the time when You received
the Product from an Authorized Dealer and
that causes a failure of the Product to perform
in accordance with Monster’s documentation
accompanying the Product, unless such failure
has been caused completely or partly by (a) any
use other than Adequate Use, (b) transportation,
neglect, misuse or abuse by anyone other than
Monster’s employees; (c) alteration, tampering
or modification of the product by anyone other
than a Monster employee; (d) accident (other
than a malfunction that would otherwise qualify
as a Product Defect); (e) maintenance or service
of the Product by anyone other than a Monster
employee; (f) exposure of the Product to heat,
bright light, sun, liquids, sand or other contaminants;
or (g) acts outside the control of Monster, including
without limitation acts of God, fire, storms,
earthquake or flood.
“Warranty Period”
means the time period during
which Monster must have received Your Formal
Warranty Claim. The different Warranty Periods
related to Product Defects are defined in the
Specifications Table below. The Warranty Period
commences on the date when You purchased
or received (whichever occurs later) the Product
from an Authorized Dealer as evidenced by
the Authorized Dealer’s invoice, sales receipt
or packing slip. If You do not have written proof
of the date of purchase or receipt, then the
Warranty Period commences three (3) months
after the date when the Product left Monster’s
or its factory as evidenced by Monster’s records.
The Warranty Period ends after the time defined
in the Specifications Table has expired or after
You have transferred ownership of the Product,
whichever occurs earlier. Also, You must call
Monster and obtain a Return Authorization
Number (as described under “How to Make
a Claim”) within two (2) months after You discover
a Product Defect (or should have discovered it,
if such Product Defect was obvious).
“You”
means the first individual person that
purchased the Product in its original packaging
from an Authorized Dealer. This Limited Warranty
does not apply to persons or entities that bought
the Product (i) in used or unpackaged form, (ii) for
resale, lease or other commercial use, or (iii) from
someone other than an Authorized Dealer.
Scope of This Limited Warranty
Products.
If a Product contained a Product
Defect when You bought it from an Authorized
Dealer and Monster receives a Formal Warranty
Claim from You within two (2) months after You
discover such Product Defect (or should have
discovered it, if such Product Defect was obvious)
and before the end of the Warranty Period for
Product Defects applicable to the affected
Product, then Monster will provide You with one
of the following remedies: Monster will (1) repair or,
at Monster’s sole discretion, replace the Product,
or (2) refund to You the purchase price You paid
to the Authorized Dealer for the affected Product
if repair or replacement is not commercially
practicable or cannot be timely made. NOTE:
MONSTER DOES NOT ASSUME ANY LIABILITY FOR
ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT
DAMAGES UNDER THIS LIMITED WARRANTY.
General Provisions
Choice of Law/Jurisdiction.
This Limited Warranty
and any disputes arising out of or in connection
with this Limited Warranty (“Disputes”) shall be
governed by the laws of the jurisdiction where
You bought the Product.
LIMITED WARRANTY FOR CONSUMERS
