User's Manual

9
English
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] [phone] (“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.