LIMITED WARRANTY FOR CONSUMERS
United States
Monster Cable Products, Inc. 455 Valley Drive, Brisbane, CA 94005 USA, 1 (415) 840-2000 (“Monster”)
extends to 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 local, state or federal 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) 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 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, negligence misuse or abuse by anyone other than Monster’s
employees; (c) alteration, tampering, modification, or installation of the product by anyone other than a
Monster employee; (d) accident (other than a malfunction that is caused by a Product Defect), including
power surges; (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 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. 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.
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 State of
California, USA, excluding conflicts of law principles and excluding the Convention for the International
Sale of Goods. The courts located in the State of California, USA shall have exclusive jurisdiction over
any Disputes.
OTHER RIGHTS.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO
HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. THIS LIMITED WARRANTY EXTENDS ONLY
TO YOU AND CANNOT BE TRANSFERRED OR ASSIGNED. If any provision of this Limited Warranty is
unlawful, void or unenforceable, that provision shall be deemed severable and shall not affect any
remaining provisions. In case of any inconsistency between the English and other versions of this
Limited Warranty, the English version shall prevail.
REGISTRATION.
Please register Your Product at www.
monstercable.com
. Failure to register will not
diminish Your warranty rights.
