PLEASE READ CAREFULLY – THIS MATTRESS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
A. 10 YEAR FULL REPLACEMENT LIMITED WARRANTY
You can sleep comfortably knowing that your new Snuz mattress is covered by our 10 Year Full Replacement Limited Warranty (the “Mattress Warranty”). We are so confident in our engineering and the quality of your Snuz mattress that should your it need repair or replacement resulting from a Covered Defect during the 10-year period from the date of your purchase, Snuz will do so at no cost to you other than normal shipping and transportation costs.
To be eligible for the Mattress Warranty, you must have purchased your Snuz mattress directly from our website at Snuz.com or from an authorized dealer or an authorized retailer and your Snuz mattress must have been used normally and for its intended purpose. The Mattress Warranty is non-transferrable and you must present a copy of your receipt as proof of purchase at the time of making a claim under the Mattress Warranty. If you sell or otherwise relinquish ownership of your Snuz mattress, the new owner accepts the product “as is” and “with all faults” and is ineligible for coverage under the Mattress Warranty.
C. COVERED DEFECTS
Your Snuz mattress is designed for set up on a solid base or foundation structurally capable of continuously supporting it and its occupant(s). As long as your Snuz mattress is set up properly and used normally, for its intended purpose and on a proper foundation, you are covered for:
i. Deterioration of your Snuz mattress resulting in a visible indentation greater than one (1) inch not associated with an indentation or sag because of an improper or unsupportive foundation or base.
ii. Any physical flaw in the craftsmanship of your Snuz mattress that causes permanent damage to the memory foam despite proper set-up and normal use.
iii. Any physical flaw in the craftsmanship of the cover, including seams and zipper assembly. Snuz may, at its own option, repair or replace the cover provided on the mattress. If Snuz replaces the mattress cover, Snuz 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.
D. NO COVERAGE UNDER THE MATTRESS WARRANTY
There is no coverage under the Mattress Warranty for:
i. A normal increase in softness of the memory foam which does not affect the pressure-relieving quality of your Snuz mattress.
ii. Comfort preference.
iii. Physical abuse or damage to any portion of your Snuz mattress caused by or resulting from, amongst other things, burns, cuts, tears, liquid damage, stains and soiling.
iv. Damage caused by an improper or insufficient base or foundation.
v. Damage caused by or resulting from repair or replacement not authorized by Snuz.
vi. Any claims on a Snuz mattress sold by resellers who are not authorized retailers.
vii. Any claims when a Snuz mattress is sold as “as-is”, “preconditioned”, “reconditioned”, “used”, “comfort return”, “returned”, “previously owned”, or any other similar wording indicating that the Snuz mattress is not “new” or of “first quality”, or has been purchased or used by another consumer.
viii. Any claims once your Snuz mattress leaves the United States.
E. PRODUCT REPLACEMENT TERMS
Other than normal shipping and transportation costs, you will not be charged by Snuz for repair or replacement of your Snuz mattress provided you comply with the Mattress Warranty. If your Snuz mattress is replaced, the replacement Snuz mattress is eligible for the Mattress Warranty but ends when Mattress Warranty would have expired on your original Snuz mattress. If you are notified that Snuz has determined that your Snuz mattress is being replaced and you elect to upgrade to a more expensive Snuz mattress, you will be responsible for the difference in cost between the two, the cost of any products required for the upgraded Snuz mattress not required for the Snuz mattress being replaced, the cost of any products used with the Snuz mattress being replaced but not being replaced as part of claim under the Mattress Warranty. For any upgraded Snuz mattress under this paragraph, a new Mattress Warranty will be provided for the upgraded Snuz mattress.
F. DISCLAIMER, LIMITATION ON LIABILITY
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE WARRANTIES AND REMEDIES SET FORTH HEREIN AND THE OBLIGATIONS AND LIABILITIES OF SELLER AS STATED ABOVE ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO PURCHASER AND PURCHASER HEREBY WAIVES ALL OTHER REMEDIES, WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. PURCHASER ACKNOWLEDGES THAT NO OTHER REPRESENTATIONS WERE MADE TO PURCHASER OR RELIED UPON BY PURCHASER WITH RESPECT TO THE QUALITY AND FUNCTION OF THE PRODUCTS HEREIN SOLD. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE AFOREMENTIONED EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED MATTRESS WARRANTY, IN NO EVENT WILL SNUZ OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE MATTRESS OR ITS USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF SNUZ HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SNUZ’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 TO YOU.
If a dispute arises about this Mattress Warranty between you and Snuz, it will be decided by binding arbitration conducted by a panel of three arbitrators and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) unless otherwise specified. For more information about the AAA, please visit www.adr.org or call 1-800-778-7879.
You must arbitrate all disputes arising out of this Mattress Warranty prior to exercising rights or seeking remedy under Title I of the Magnuson Moss Warranty Act. Arbitration is not required for disputes not under Title I of the Magnuson Moss Warranty Act.
You agree that the arbitration will take place in Broward Country, in the State Florida and that it will not be combined with any other proceeding or arbitration against a party. Each party is entitled 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, then the AAA will appoint the third arbitrator. Barring extraordinary circumstances, the arbitrators will reach a reasoned decision within 120 days from the date the third arbitrator is selected or appointed. The arbitrators may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all related records will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The decision and the arbitrators’ award will be in writing and will include a statement setting forth their reasoned judgment disposing of the dispute. A dissenting decision will also be set forth in writing. The arbitrators’ award will be final and binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction.
H. GOVERNING LAW
This Mattress Warranty will be governed by the laws of the State of Florida.
Sleep Choices is the Warrantor of this warranty. You can contact us at:
Sleep Choices, LLC
11555 Heron Bay Blvd. Suite 200
Coral Springs, FL 33076
Or at firstname.lastname@example.org