We build Sleep Country Living to deliver superior quality and comfort, now and tomorrow and Sleep Country Living’s Lifetime Warranty even protects against standard wear and impressions which other warranties often do not.
Your new Sleep Country Living mattress is covered by a limited lifetime warranty.
Sleep Country Living (“Sleep Country Living”, “we”, “us”) provides the buyers of our product (“you”) with a limited warranty (“Limited Warranty”) against defects in materials or manufacture for as long as you own the mattress from the date of your purchase for the lifetime of the mattress. In the event of a defect, we will repair the defect at our cost or replace the mattress with a current comparable model and size of a Sleep Country Living mattress.
The Sleep Country Living limited lifetime warranty includes coverage for wear and for body impressions from use. If your Sleep Country Living mattress shows more than 0.5” of “Sag” or body impression at any time during your ownership, Sleep Country Living will recondition and repair or replace your mattress.
PRODUCTS COVERED BY THIS LIMITED WARRANTY
This limited warranty extends to mattresses manufactured by Sleep Country Living LLC (“Sleep Country Living”) and purchased directly from Sleep Country Living or Sleep Country Living’s authorized retailers (the “Mattresses”). Some parts of this limited warranty also extend to covers sold with Mattresses (“Mattress Covers”). Mattresses are designed to work on a firm, solid-surface, on a bed base that is structurally capable of supporting the weight of the Mattress and user(s).
Who This Warranty Extends To
This limited warranty extends to the original purchaser of any Mattress. All Sleep Country Living warranties, including any implied warranties, are valid only for the period of time the Mattress is owned by the original purchaser of the Mattress. The “original purchaser,” for the purposes of this warranty, is the first purchaser of the Mattress from Sleep Country Living or a Sleep Country Living authorized retailer. PLEASE RETAIN A COPY OF YOUR RECEIPT AS PROOF OF PURCHASE. All Sleep Country Living limited warranties are not transferable.
Sleep Country Living’s Limited Warranty And Responsibilities
Sleep Country Living warrants the Mattress in its original packaging sold to you against the defects in material and workmanship set forth below (“Defects”) for a period of lifetime from the time your Mattress is purchased by you, when the Mattress is used normally for its intended purposes.
WHAT THIS LIMITED WARRANTY COVERS
This limited warranty applies to the following Defects:
• Deterioration causing the Mattress to have a visible indentation greater than one (.5”) inch that is not associated with an indentation or sag which results from use of a non-flat resting surface or improper or unsupportive bed base. Normal wear requires that a Mattress be continuously supported by a resting base, bed, foundation or floor sufficient to support the collective weight of the Mattress and sleeper(s).
• Any physical flaw in the Mattress that causes the foam material to split or crack, despite normal usage and proper handling.
• Any manufacturing defect in the assembly of the Mattress Cover.
• Any manufacturing defect relating to springs or other mattress components.
This limited warranty does NOT cover the following:
• A normal increase in softness of the foam pressure-relieving material which does not affect the pressure-relieving qualities of the Mattress.
• Comfort preference beyond the 18-Month (548 Day) day risk free trial period.
• Physical abuse or damage to the structure and/or cover material, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided that the Defect is caused by such abuse or damage.
• Replacement of any non-defective pieces in the Sleep Country Living Mattress system (for example, if you purchase a mattress with multiple components and only one component is defective, then we will only replace the defective component).
• Any mattress (whether manufactured by Sleep Country Living or not) sold by resellers who are not authorized retailers of Sleep Country Living.
• Mattresses sold “as-is”, “preconditioned”, “reconditioned”, “used”, “comfort return”, “returned”, “previously owned”, or any other similar wording indicating that the Mattress is not “new” or of “first quality”, or has previously been purchased or used by another consumer.
• In the event of a Defect, Sleep Country Living’s sole and exclusive liability and your sole remedy under this limited warranty will be, at Sleep Country Livings’s option, to provide a repaired or replacement Mattress or Mattress Cover, subject to your fulfillment of “Your Responsibilities” below. Replacement Mattress Covers may be provided in a color different from the Mattress Cover you originally purchased.
In the event of a Defect and in order to get the benefit of this limited warranty, you must provide Sleep Country Living with proof of the original date of purchase and with documentation and a photo of the defect.
Sleep Country Living will arrange to repair or replace (as applicable) your Sleep Country Living and conduct repairs or ship your Mattress to you within 30 days of receiving your claim and support documentation. original Mattress.
Replaced or repaired Mattresses that are not Upgrade Mattresses are subject to the same limited warranty as the original Mattress. For example, if your obtain a replaced or repaired Mattress that is the same style and price as the original Mattress, then the warranty term of the replaced or repaired Mattress begins from the date of purchase of the original Mattress. If you purchase an Upgrade Mattress, then you obtain a new limited warranty, and the warranty term will begin upon the purchase of the Upgrade Mattress.
DISCLAIMER, LIMITATION ON LIABILITY
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MATTRESS IS PROVIDED “AS IS” AND THIS 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.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE 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 WARRANTY, IN NO EVENT WILL SWITCH OR ITS SUPPLIERS BE LIABLE FOR OR 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 SWITCH HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SWITCH’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.
In the event a dispute arises between you and Sleep Country Living arising out of this Limited Warranty, such dispute will be determined and settled by binding arbitration between the parties, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). More information about the AAA is located at www.adr.org, or you can call the AAA at 1-800-778-7879.
You must seek arbitration for disputes arising out of this Limited Warranty prior to exercising any rights or seeking any remedies created by the 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.
Arbitration will take place in Colorado.
The arbitration will not be combined with any other proceeding or arbitration against one of the parties. Each party will 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 issue their decision within 120 days from the date the third arbitrator is selected by the two designated arbitrators or appointed by the AAA. 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 the reasons for the disposition of any claim. 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.
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