“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