Limited Warranty For Consumers - Monster Power HDP 1250G+ Instructions And Warranty Information

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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.
"Adequate Use" means 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
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.
"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 (i) may not be 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) 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
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removed, altered, or defaced.
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DEFINITIONS
"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.
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