Ten Year Warranty
Thank you for purchasing your new Sleep6 mattress. The Sleep6 mattress comes with a ten-year warranty which gives you certain legal rights in regard to the mattress. You may also have additional legal rights depending on which state you reside in. The limited warranty extends to mattresses manufactured by Sleep6, LLC that are purchased directly from Sleep6. The warranty specifically excludes any mattress purchased on a secondary market and/or resold by an unauthorized individual or company. The Sleep6 mattress is designed for sleep and the Sleep6, LLC warranty only applies to those consumers who use the mattress for its intended purpose. The mattress is intended to be used by the user(s) for sleep only and the mattress is designed to lay on a firm and/or hard surface such as a floor, box spring, platform bed, or any other surface that is designed and capable of supporting the weight of the mattress and its user(s). The limited warranty will not apply if the user(s) decides to use the mattress for a purpose other than that described herein or for a purpose not intended by Sleep6, LLC. The mattress is specifically designed for sleep and should be used accordingly.
A. Non-Transferable Limited Warranty
The limited warranty offered by Sleep6, LLC will only apply and extend to the original purchaser of the Sleep6 mattress. The Sleep6 warranty is not transferable and will not extend to anyone but the original purchaser. If you purchase the mattress under “gift the mattress”, the warranty will apply to the individual(s) you purchased the mattress for at the time of sale, but only if Sleep6, LLC directly ships the purchased mattress on your behalf to that individual(s). The warranty will not apply if Sleep6, LLC does not ship the mattress directly on your behalf to the individual(s). We kindly request you retain a copy of your receipt as proof of purchase.
B. Duration of Warranty
Sleep6, LLC warrants the Sleep6 mattress in its original packaging box sold to you against certain defects in material or workmanship as described herein for a period of ten years from the date purchased and is used for its intended purpose. The limited warranty will apply to the following defects and will not apply if you use the Sleep6 mattress for use not intended by Sleep6, LLC. The defects that are covered contain the following:
- Any flaw and/or defect in the mattress that results in the foam material splitting apart despite normal sleep usage.
- Deterioration to the mattress that causes to have an indentation greater than 1 1/8 inches that is visible to the eye and is not associated with an indentation resulting from using the mattress improperly including using the mattress without proper support. The mattress should at all times be supported by a foundation matching the size of the bed purchased or rest on a proper bed frame that is capable to support the total weight of the mattress along with the user(s).
- Any manufacturing defect in the zipper assembly or workmanship of the Mattress cover. This limited warranty does not apply and will not cover the following:
- Damage or physical abuse done intentionally or negligently to any part of the mattress including but not limited to any stain(s), damages by liquids and foods, rips or tears, burns, cuts, or permanent odors caused by abuse or damage of the mattress.
- Any and all issues(s) related to the comfort preference of the mattress.
- Any mattress sold by someone other than Sleep6, LLC.
- Mattresses that are not purchased new directly from Sleep6, LLC. This includes but is not limited to used mattresses, mattresses resold by an unauthorized individual(s) or company, or mattresses sold by any reseller(s).
- A normal or standard increase in softness of the foam designed for pressure relief which does not affect the pressure-relieving qualities of the Sleep6 Mattress.
In the situation where an individual makes a claim for a defect, Sleep6’s sole and exclusive liability will be to provide the user(s) with a repaired Mattress or a replacement Mattress at Sleep6’s option. This is your sole remedy when exercising any defect under the ten 10 year warranty. If the said mattress is determined to be defective, Sleep6 will repair or replace the mattress in a prompt or just manner subject to you complying with “Your Obligation” below. Determination of obligation under the terms of this warranty will only be made once the mattress or its components have been reviewed or inspected by Sleep6, LLC. Any dispute arising herein will be resolved by the American Arbitration Association outlined below.
C. CONSUMERS OBLIGATION and DUTIES
In the event you are claiming a defect to receive this limited warranty, you must return the mattress or mattress cover to Sleep6. LLC and provide Sleep6, LLC with a receipt of purchase which includes the original purchase date of your mattress along with a statement to Sleep6, LLC that describes the defect. Sleep6, LLC will bear the return shipping costs if costs apply to your return. The mattress or mattress cover must be shipped to ___________________________________. Sleep6 LLC will repair or replace the mattress back to you within 60 days of receiving your original mattress and you will be responsible for any costs associated with the repaired or replaced mattress. The repaired or replaced mattress does not renew the ten-year warranty, but will continue to apply from the date the mattress was originally purchased.
D. DISCLAIMER, LIMITATION IN LIABILITY, EXCLUSIVE WARRANTY
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SLEEP6 MATTRESS IS PROVIDED “AS IS” AND THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU BASED ON WHERE YOU RESIDE. IN ADDITION, SOME STATES OR JURISDICTIONS DO NOT PERMIT OR ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. If that is the case, some of the exclusions may not apply. YOU MAY ALSO HAVE OTHER RIGHTS THAT ARE NOT SET FORTH HEREIN AS THEY VARY IN EACH STATE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, IN NO EVENT WILL SLEEP6, LLC BE LIABLE OR RESPONSIBLE FOR THE PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE SLEEP6 MATTRESS OR ITS USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR CONTRACT. THIS LIMITATION WILL APPLY EVEN IF SLEEP6, LLC HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SLEEP6, LLC’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE MATTRESS GIVING RISE TO SUCH LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY DEPENDING IN WHICH STATE THE MATTRESS WAS PURCHASED.
IF A DISPUTE does arise between the parties arising from the limited warranty described herein, such dispute will be resolved exclusively by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, known as “AAA”. For more information about the AAA, please visit www.adr.org, or you can call the AAA at 1-800- 778-7879. The purpose of utilizing ’AAA’ is for cost efficiency and quicker resolution of claims that are typically associated with State Courts. The individual must seek arbitration for disputes arising out of this Limited Warranty prior to exercising any rights or seeking any remedies created by Title I of the Magnuson Moss Warranty Act. If you choose to pursue any rights and remedies that are not created by Title I of the Magnuson Moss Warranty Act, then arbitration is not required. The Arbitration will take place in Chicago, Illinois. If the individual does not reside in Chicago, IL, the Parties agree to allow testimony by phone if agreed to by the Arbitrator(s). The arbitration will not be combined with any other proceeding or arbitration against one of the parties. Each party will have the opportunity to designate one arbitrator and the two designated arbitrators will select a third arbitrator, who will serve as the chair of the arbitration panel. If the two arbitrators cannot agree on the third arbitrator after 30 days, then the AAA will appoint the third arbitrator to serve as the chair arbitrator. The arbitration proceedings will be closed to the public and will remain confidential. Moreover, all related records will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The decision and the arbitrator’s award will be in writing and will include a statement setting forth the reason(s) for the decision of any claim. Any arbitrator that dissents will also be included and will be set forth in the decision. The arbitrators’ award will be final and binding on the parties, and any judgment as a result of the decision by the Arbitrator(s) may be entered in any court of competent jurisdiction. This is the sole remedy for said disputes.
F. ILLINOIS LAW
This limited warranty will be governed by the laws of the State of ILLINOIS and the individual (s) that purchased said mattress understands that SLEEP6, LLC’s principle place of business is Chicago, Illinois.