reseller or retailer that (i) was duly authorized
to do business and permitted to sell You the
Product under the laws of the jurisdiction where
You bought the Product, (ii) purchased the
Product directly from Monster or from a party
with a contractual 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 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” 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 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
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 (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’s sole 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 Limited Warranty (“Disputes”)
shall be governed by the laws of the jurisdiction
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
JURISDICTION TO JURISDICTION, AND WHICH
SHALL NOT BE AFFECTED BY THIS LIMITED
WARRANTY.* THIS WARRANTY EXTENDS ONLY
TO YOU AND CANNOT BE TRANSFERRED OR
ASSIGNED. If any provision of this Limited Warranty
is unlawful, void or unenforceable, that provision
shall be deemed severable and shall not affect any
remaining provisions. In case of any inconsistency
between the English and other versions of this
Limited Warranty, the English version shall prevail.
REGISTRATION. Please register Your Product at
www.MonsterProducts.com. Failure to register will
not diminish Your warranty rights.
SPECIFICATIONS TABLE
Product Model Warranty Period
for headphone
Product that
accompanies
this warranty
statement
One (1) year for product sold
in North America, South
America and Asia Pacific
Two (2) years for product sold
in Europe