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or instructions in the materials and documentation that accompany
the Product, and (v) if applicable, 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 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 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.
"Warranty Period"
means the time period during which Monster
must have received Your Formal Warranty Claim. The different Warranty
Periods related to Product Defects 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
or its 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
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