16 17 limited warranty for consumers – Monster FlatScreen SuperThin Flat Mount - Up to 27” Screens User Manual

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LIMITED WARRANTY FOR CONSUMERS

Monster, LLC., 7251 West Lake Mead Blvd., Las Vegas, NV 89128, USA, (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 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) 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 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.

REGISTRATION. Please register Your Product at www.MonsterCable.com.

Failure to register will not diminish Your warranty rights.

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