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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. 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,
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.
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