LIVE FOREVER LIMITED WARRANTY FOR CONSUMERS
Monster, LLC, 7251 West Lake Mead Blvd., Las Vegas, NV 89128, (“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 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 contained a reference to the “live forever” Limited Warranty, (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 documen- tation 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.
“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
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), then Monster will replace the Product with the same or a comparable product. This Limited Warranty is valid during the lifetime of the Product if You keep it, but it ends after You have transferred ownership of the Product. NOTE: MONSTER does not assume any liability for ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES UNDER THIS LIMITED WARRANTY.
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