Monster HTS 1650 MP - Manuel (Page 14)

20 21
spike or lightning strike through a source, medium or connection other than through the Product, and (ii) does not
extend to loss of data, or 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 Damages 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” means a defect, malfunction, non-conformance to this Limited Warranty or other 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’s 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 within two (2) months after You discover such Product Defect (or should have discovered
it, if such Product Defect was obvious) and before the end of the Warranty Period for Product Defects applicable
to the affected Product, then Monster will provide You with one of the following remedies: Monster will (1) repair or,
at Monster’s sole discretion, replace the Product, or (2) refund to You the purchase price You paid to the Authorized
Dealer for the affected 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 . NOTE: COMPENSATION FOR RESTORATION
OF DATA LOSS IS NOT COVERED AND MONSTER DOES NOT ASSUME ANY LIABILITY FOR ANY INCIDENTAL,
CONSEQUENTIAL OR INDIRECT DAMAGES UNDER THIS LIMITED WARRANTY . SOME STATES DO NOT ALLOW THE