or consequential, indirect or special damages resulting from
the Connected Equipment Damage.
“Fair Market Value”
(“FMV”) means the fair market value
of the Connected Equipment at the time Connected Equipment
Damage occurs.
“Formal Warranty Claim”
means a claim made in accordance
with the section “Formal Warranty Claims” herein.
“Maximum Coverage Amount”
means the maximum amount that
Monster will pay to You under this Limited Warranty for Connected
Equipment Damages and is defined in relation to each Product
in the Specifications Table below.
“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 a defect, malfunction, non-conformance
to this Limited Warranty or other 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 (excluding lightning
surges), 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 and Connected
Equipment Damage 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 factory as evidenced by Monster’s records. The
Warranty Period ends after the time defined in the Specifications