10 Year Limited Mattress Warranty
Effective Date of Current Policy: October 5, 2017.
Your new SleepOvation Mattress (the “Mattress”) is covered by a 10-year limited warranty (the “Warranty”). This Warranty gives you specific legal rights that may vary from state to state.
SleepOvation LLC Limited Mattress Warranty Responsibilities
SleepOvation LLC warrants the Mattress sold to you to be free from defects in material and workmanship set forth below (“Defects”) for a period of 10 years. The Mattress must be used normally, for its intended purposes, on a bed base that is structurally capable of supporting the weight of the Mattress and its individual user(s).
Who This Mattress Warranty Extends To
This warranty is valid only for the original purchaser, from the original purchase date, of the original mattress purchased from SleepOvation LLC or our authorized reseller. If the original purchaser sells or relinquishes ownership of the mattress, the 10-year limited Warranty is voided. Please retain a copy of your receipt as proof of purchase. All limited warranties are not transferable.
The Limited Mattress Warranty Covers The Following Defects:
- Deterioration of the mattress resulting in a visible indentation greater than one (1) inch. Normal wear requires that a mattress be continuously supported by a matching, solid foundation, base, or frame substantial enough to support the mattress and its user(s).
- Any physical flaw in the craftsmanship of the mattress that causes permanent damage to the foam and springs despite proper set-up and normal handling.
- Any physical flaw in the craftsmanship of the cover, including seams and zipper assembly. SleepOvation LLC may opt to repair or replace the cover provided with the mattress upon purchase.
The Limited Mattress Warranty Does Not Cover The Following:
- A normal increase in softness, resulting from normal wear and tear, of the foam and springs that does not affect the pressure-relieving quality of the mattress.
- Physical abuse or damage to mattress, including but not limited to, cuts, tears, burns, liquid damage & stains, or soiling.
- Damage resulting from the mattress placed on improper bed frame, foundation, platform bed, or adjustable base.
- Other components on the warranted mattress that are not defective.
- Mattress sold by non-authorized retailers.
In the event that SleepOvation LLC replaces the mattress cover, SleepOvation LLC will replace it with the current style of cover available for the mattress, which may be of a different color, design, or material than the original cover provided upon initial purchase.
In the event of a Defect, to receive the benefits of this limited Mattress Warranty, you must first contact SleepOvation LLC via email (firstname.lastname@example.org) to get further evaluation/replacement/return instructions. You will be asked to provide proof of the original date of purchase. You will not be responsible for shipping costs of returning the mattress. Evidence of a Defect and any claims must be sent to the address listed at the end of this limited Mattress Warranty.
SleepOvation LLC will repair or replace your Mattress (as applicable) and ship your replacement Mattress back to you. SleepOvation will arrange for removal and/or return shipping of the defective mattress when required.
Replaced or repaired Mattresses are subject to the same limited Mattress Warranty as the original Mattress beginning from the date of purchase of the original Mattress.
Limitation On Liability Disclaimer
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MATTRESS IS PROVIDED “AS IS” AND THIS WARRANTY AND ANY IMPLIED WARRANTIES ARE PURCHASER EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS DETAILED IN THIS LIMITED MATTRESS WARRANTY, IN NO EVENT WILL SLEEPOVATION LLC OR ITS SUPPLIERS BE LIABLE FOR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE MATTRESS OR ITS USE BY PURCHASER OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF SLEEPOVATION LLC HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SLEEPOVATION LLC’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE MATTRESS.
If a dispute arises between you and Sleepovation LLC as a consequence of this Mattress Warranty, aforesaid dispute will be determined and settled by binding arbitration between the parties, in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
The arbitration will not be combined with any other proceeding or arbitration against one of the parties (the "Party", or "Parties").
There shall be three arbitrators (the “Arbitrators”), appointed as follows:
- Each Party shall appoint an Arbitrator, and the two Arbitrators so appointed shall appoint a third Arbitrator who shall act as chairman of the tribunal;
- If either Party fails to appoint an Arbitrator within thirty (30) days of receipt of notice of the appointment of an Arbitrator by the other Party, such Arbitrator shall at the written request of either Party be appointed by [the appointing authority];
- If the two Arbitrators to be appointed by the Parties fail to agree on a third Arbitrator within thirty (30) days of the appointment of the second Arbitrator, the third Arbitrator shall be appointed at the written request of either Party by [the appointing authority];
- If a vacancy arises because any Arbitrator dies, resigns, refuses to act, or becomes incapable of performing his or her duties, the vacancy shall be filled by the method by which that Arbitrator was originally appointed.
The place of Arbitration shall be East Hanover, New Jersey, USA. The Arbitrator(s) shall set the specific location, date, and time for the hearing in this case (the “Hearing”) after consulting with the Parties, and shall provide not less than twenty (20) days notice to each Party when it/they has/have determined such specific location, date, and time.
The Agreement shall be governed by and interpreted in accordance with the laws of the state of New Jersey.
This Agreement constitutes the entire understanding between the Parties concerning its subject matter and supersedes all prior discussions, agreements, and representations, whether oral or written and whether or not executed by any Party.
Except as may be required by law, neither a Party nor its representatives nor a witness nor the/an Arbitrator(s) may disclose the existence, content, or results of any Arbitration hereunder without the prior written consent of both Parties.
The award will be a reasoned award, and will be issued in writing and signed by the Arbitrator(s) [within thirty (30) days of the conclusion of the Hearing]. The Arbitrator(s) may, but is/are not required to, make specific findings of fact or law. The award will be based upon the evidence presented and the law argued by the Parties.
The Arbitrator(s) is/are not empowered to award punitive or other damages not measured by the prevailing Party’s actual damages, except as may be required by statute. Each Party hereby irrevocably waives any right to recover such damages with respect to the Dispute.
In addition to any other consideration, each Party’s promise to resolve the Dispute by Arbitration in accordance with the provisions of this Agreement, rather than through the courts or other bodies, is consideration for the other Party’s like promise.
It is the intent of the Parties that, barring extraordinary circumstances, Arbitration proceedings will be concluded within one hundred twenty (120) days from the date the Arbitrator(s) are appointed. The arbitral tribunal may extend this time limit in the interests of justice. Failure to adhere to this time limit shall not constitute a basis for challenging the award.
This limited Mattress Warranty will be governed by the laws of the State of New Jersey.
50 Williams Parkway, Suite F, East Hanover, NJ 07936