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“Formal Warranty Claim” means a claim made in accordance with the section “Formal Warranty Claims” herein.
“Product” means a Product listed in the Specifications Table below, and (iii) You bought from an Authorized Dealer new and in its original packaging.
“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; (e) accident; (f) maintenance or service of the Product by anyone other than a Monster employee; (g) exposure of the Product to sun, liquids, sand or other contaminants; or (h) acts outside the control of Monster, including without limitation acts of God, fire, storms (excluding lighting strikes), 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.
“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.
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