Limited warranty for consumers, Definitions, Scope of this limited warranty – Monster FlatScreen SuperThin Articulating Mount - Up to 46” Screens User Manual

Page 19: General provisions

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lIMITEd wARRANTy FOR cONSUMERS

Monster, LLC, 7251 West Lake Mead Blvd., 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] (415) 840-2000 (“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 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) 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 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.

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 jurisdiction where You bought the Product.

OTHER RIGHTS. THIS LIMITED WARRANTY GIVES YOU

SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE

OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO

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