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LIVE FOREVER LIMITED WARRANTY FOR CONSUMERS
Monster, LLC, 7251 West Lake Mead Blvd., Las Vegas, NV 89128, (“Monster”) extends 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 use of the Product (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 (v)
with proper electrical grounding.
“Authorized Dealer”
means any distributor, reseller or retailer that (i) was duly
authorized to do business in the jurisdiction where it sold the Product to You, (ii) was
permitted to sell You the Product under the laws of the jurisdiction where You bought
the Product, 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 contained a reference to the “live forever” Limited
Warranty, (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.
“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
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), then Monster will replace the Product with the same or a comparable
product. This Limited Warranty is valid during the lifetime of the Product if You keep it,
but it ends after You have transferred ownership of the Product. NOTE: 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 State of California, USA, excluding conflicts of law principles and excluding
the Convention for the International Sale of Goods. The courts located in the State of
California, USA shall have exclusive jurisdiction over any Disputes.
Other Rights.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND
YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND
JURISDICTION TO JURISDICTION, INCLUDING, WITHOUT LIMITATION, THOSE RIGHTS
UNDER NATIONAL LAWS IMPLEMENTING EC DIRECTIVE 44/99/EC, 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.MonsterCable.com/Warranty.
Failure to register will not diminish Your warranty rights.
FORMAL WARRANTY CLAIM
How To Make A Claim.
In the event damage has occurred to Products, You must follow
these instructions: (1) Call
001-877-800-8989
within two (2) months after You discover
a Product Defect (or should have discovered it, if such Product Defect was obvious);
(2) Give a detailed explanation of how the damage occurred; (3) Obtain a Return
Authorization Number; (4) Upon receipt of a claim form (which may be sent to You after
You filed Your Formal Warranty Claim), fill out the claim form entirely; (5) Return the
Products, shipping prepaid by You (to be refunded if You are entitled to a remedy under
the Scope of this Limited Warranty), to Monster for verification of damage, along with a
copy of Your original sales receipts and proof of purchase (UPC label or packing slip) for
such Products, the completed claim form, and printed Return Authorization Number on
the outside of the return package (the claim form will include instructions for return).
Timing.
If You bring a Formal Warranty Claim and fully comply with all terms and
conditions of this Limited Warranty, Monster will use its best efforts to replace the
Product within thirty (30) days after receipt of Your Formal Warranty Claim (if You reside
in the United States - forty-five (45) days if You reside elsewhere), unless obstacles
outside Monster’s control delay the process.
Ver.050604 –Live Forever Warranty
©2004-2006 Monster, LLC
