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(ii) not 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 (iii) 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 removed, altered, or defaced.
“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