LIMITED WARRANTY FOR CONSUMERS (cont' d )
"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.