LIMITED
WARRANTY
FOR CONSUMERS
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 personal
use
of
the Product
(i)
for
private
(as
opposed
to
commercial) purposes,
(ii) in conformance
with
all applicable law, code
or regulations (including
without
limitation
building and/or electrical codes), (iii) in accordance
with
manufacturer recommendations and/or
instructions in
the
materials and documentation
that accompany the Product. and (iv)
if
applicable,
with
proper electrical grounding.
"Authorized
Dealer"
means any distributor,
reseller or retailer
that
(i)
was
duly
authorized
to
do
business and permitted
to
sell
You
the
Product underthe laws
of
thejurisdiction where
You
bought
the Product, (ii) purchased
the
Product directly from Monster orfrom a party
with
acontractual relationship
with
Monster and
in accordance
with
the authorized terms and
conditions
of
such agreement, and (iii) sold
You
the Product new and in its original packaging.
"Formal
Warranty
Claim" means aclaim made
in accordance
with
the section "Formal Warranty
Claims" herein.
"Product" means a Product
(i)
that
is
listed in
the
SpecificationsTable 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"
or
"Defective
Product" means
an
inadequacy
of
the Product
that
existed at
the
time
when
You
received
the
Product from an
Authorized Dealer and
that
causes afailure
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 differentWarranty Periods
related
to
Product Defects are defined in the
SpecificationsTable 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
or its factory
as
evidenced by Monster'srecords.
The Warranty Period ends after the
time
defined
in the SpecificationsTable
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 orentities
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
(i)
within
two
(2)
months after
You
discover such Product Defect (or should have
discovered it,
if
such Product Defect was obvious)
and (ii) before the end
of
the
Warranty Period
for Product Defects applicable
to
the
Defective
Product,
then
Monster
will
provide
You
with
one
of
the
following remedies:Monster will
(1)
repair
or,
at Monster'ssole discretion, replace the Defective
Product. or
(2)
refund
to
You
the
purchase price
You
paid
to
Monster or
the
Authorized Dealer for
the Defective Product
if
repair or replacement
is
not
commercially practicable or cannot be
timely
made.
NOTE
:
TO
THE
FULLEST
EXTENT
PERMITTED
BY
APPLICABLE
LAW,
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 LimitedWarranty ("Disputes")
shall be governed by
the
laws
of
thejurisdiction
where
You
bought
the Product.
OTHER RIGHTS.
THIS
LIMITED
WARRANTY
GIVES
YOU
SPECIFIC
LEGAL
RIGHTS,
AND
YOU
MAY
ALSO
HAVE
OTHER
RIGHTS
,
WHICH
VARY
FROM
