Monster MP BPL 600 - Manuel (Page 7)

LIMITED WARRANTY FOR CONSUMERS
Monster, LLC, 7251 Lake Mead Blvd West, 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] (“Monster”) extends
to 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 personal use of the Product and Connected Equipment (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 any Connected Equipment, (v) with proper
electrical grounding, (vi) with proper and direct connection between the Product and an AC power source that has protective
grounding (excluding gas or diesel powered generators), (vii) with cable or telephone lines to any Connected Equipment
properly connected to the Product, and (viii) without a connection in a “daisy-chain” fashion to or with any extension cord,
surge suppressor, power strip, uninterruptible power supply (“UPS”) or other equipment.
“Authorized Dealer” means any distributor, 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.
“Connected Equipment” means any device that is (i) generally suited to be used with the Product or products of the same
kind, (ii) meets the requirements of all applicable laws and safety standards, (iii) contains only parts manufactured, sold or
recommended by the original manufacturer of the Connected Equipment, and (iv) has not been altered, tampered with or
modified by any person other than its manufacturer or service personnel authorized or recommended by the manufacturer of
the Connected Equipment.
“Connected Equipment Damage” means physical damage to Connected Equipment caused by a Product Defect by a transient AC
power, cable, telephone, or lightning surge while connected to a properly installed Product. Connected Equipment Damage does
NOT include (i) damage caused by a defect or unrelated damaging of the Connected Equipment or a surge/spike or lightning
strike through a source, medium or connection other than through the Product, and (ii) loss of data, or (iii) consequential, indirect
or special damages resulting from the Connected Equipment Damage.
“Fair Market Value” (“FMV”) means the fair market value of the Connected Equipment at the time Connected Equipment
Damage occurs.
“Formal Warranty Claim” means a claim made in accordance with the section “Formal Warranty Claims” herein.
“Maximum Coverage Amount” means the maximum amount that Monster will pay to You under this Limited Warranty for
Connected Equipment Damage and is defined in relation to each Product in the Specifications Table below.
“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 (excluding lightning surges), 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 and Connected Equipment Damage 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.
CONNECTED EQUIPMENT DAMAGE. Monster will also provide You with a remedy regarding Connected Equipment Damage
if (i) You have a claim under the Limited Warranty for Products because of a Product Defect that causes Connected Equipment
Damage despite Adequate Use, and (ii) Monster receives a Formal Warranty Claim from You before the end of the Warranty Period
for Connected Equipment Damage applicable to the affected Product. If the conditions listed in the preceding sentence are met,
Monster will provide You with one of the following remedies provided that Monster may decide at its sole discretion which of the
three remedies it provides: Monster will (1) replace the damaged Connected Equipment; (2) pay to repair the damaged Connected
Equipment; or (3) pay You the FMV of the Connected Equipment, provided that such payments shall not exceed (i) the Maximum
Coverage Amount for the Product, or (ii) the actual damage having arisen from power surges due to a Product Defect.
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