Terms Of Sale:
These Terms of Sale governs your purchase of products from Monster Cable Products, Inc. and/or Monster, LLC ("Monster"). IF YOU DO NOT ACCEPT THE TERMS CONTAINED IN THESE TERMS OF SALE, PLEASE DO NOT SUBMIT AN ORDER.
These terms and conditions constitute the entire and exclusive agreement between you and Monster concerning your purchase of any product offered for sale on the Monster Products eBay Store ("Product(s)") hereunder and supersedes any and all statements or other agreements, whether oral or written, between you and Monster.
Orders and Acceptance:
Monster reserves the right to reject any order you place with us, and/or to limit the quantities on any order. Notwithstanding any order confirmation or other communications sent by Monster, your order shall not be deemed accepted by Monster until Monster's shipment of the products ordered. Your submission of your order shall constitute your full acceptance of these Terms of Sale.
Unless otherwise indicated, the purchase price of Products will be billed in full at the time of Product shipment. Monster accepts PayPal, MasterCard, Visa, American Express and Discover. Monster does not accept cash, COD, purchase orders, personal checks. In the unlikely event that a price stated on Monster Website is incorrect, then the following applies: If a Product's correct price is lower than our stated price, we charge the lower price and ship you the Product. If a Product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Monster shall not be liable for any billing errors unless you advise us of such billing error within sixty (60) days of its transaction date.
Products, Prices and Taxes:
Prices and products are subject to change at any time unless and until Monster, at its sole discretion, accepts an order specifying certain prices and products. Monster may revise and/or discontinue Products at any time. Monster Products are new unless specified as refurbished. Prices do not include any sales, local or other similar taxes. Where applicable (currently WA, CA, NV, NJ, TX, MN, FL, IL, MI, NY, PA, MA and TN) taxes will be shown on and added to your invoice. All such taxes shall be paid by you.
Monster makes no warranties except those stated in the Monster limited warranty cards accompanying the Products. MONSTER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT.
Monster's return policy allows for Products purchased directly from the Monster Website and shipped to locations in the United States to be returned by you after obtaining a Monster return authorization number (RMA) during the 30 day period following date of shipment by Monster for a refund of purchase price actually paid. If you have received damaged, defective or incorrectly shipped merchandise please notify Customer Service within 30 days.
Products must be returned in the original packaging. Shipping and handling charges are not refundable. Damage and missing part restocking fees may apply. RMAs are valid for only 14 days from issuance. You are responsible for and must prepay all shipping charges and you shall assume all risk of loss or damage to Product while in transit to Monster. If you return Product to Monster (i) without a RMA from Monster or (ii) beyond the 14 day issuance period, or (iii) without proper packaging, Monster retains the right to either refuse delivery of such return or charge you a restocking fee. Please allow up to 1-3 business days for Monster to process a refund(s) of canceled orders that have not been shipped and 5-7 business days for items returned with an RMA number. Due to the variances of your financial institution's policies, additional time may be needed for funds to post back to your account.
Limitation of Liability:
BOTH YOURS AND MONSTER'S LIABILITY SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCT. IN NO EVENT SHALL EITHER YOU OR MONSTER BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THESE TERMS OF SALE, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE. NEITHER YOU NOR MONSTER SHALL HAVE ANY LIABILITY TO THE OTHER FOR INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Governing Law/Waiver of Jury Trial:
These Terms of Sale and all purchases hereunder shall be governed by and construed under the law of the state of California, without regard to conflicts of laws rules. You agree that the courts of California shall have exclusive jurisdiction over the parties for all disputes. Venue shall lie exclusively and only in either (i) San Mateo County, State of California; or (ii) the Northern District of California of the United States District Court.
THE PARTIES HEREBY WAIVE TRIAL BY JURY WITH RESPECT TO ANY DISPUTE RELATING TO THESE TERMS OF SALE OR YOUR ORDER.
Monster shall not be liable for any delay or failure in performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the control of Monster. Quantities are subject to availability. In the event of shortage, Monster may allocate sales and deliveries in its sole discretion.
Failure of Monster to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. If any provision of these Terms of Sale is deemed by a court to be unenforceable, the remainder shall stay in effect.
The trademark "MONSTER" and any other product names, service names or logos of MONSTER used, quoted and/or referenced in this Website are trademarks or registered trademarks of Monster Cable Products, Inc., or its subsidiaries in the United States and other countries. Other product names and/or company names used in the Website may be trademarks of their respective companies.
Monster is the owner of all intellectual property rights in relation to this Website and its content (including, but not limited to, all trademarks and copyright). Except as permitted herein, no part of the Website may be reproduced, displayed, copied, translated, adapted, downloaded, broadcast, used or republished in any form including (without limitation) distribution, or storage in a system for retrieval. Permission is granted to electronically copy and to print in hard copy portions of the Website for the sole purpose of using the Website as a private, non-commercial information resource, provided that all copyright notices are included and no alterations or additions are made to the content. Any other use of material on the Website, including reproduction for purposes other than those noted above, modification, distribution or republication without the prior written consent of Monster is strictly prohibited.