URBAN MATTRESS 10 YEAR LIMITED WARRANTY
Urban Mattress (“we”, “us”, or “our”) offers this 10 Year Limited Warranty (this “Warranty”) to cover your new Urban Mattress-branded mattress, foundation, or pillow (for pillows, the warranty period is one year).
Our Promise to You
If your Covered Product suffers from a defect in workmanship or materials within the first ten years from purchase (one year for pillows), we will repair it or replace it with a materially similar or superior product. If the defect only affects certain parts or components of a Covered Product (for example, a mattress cover), we will have the option to repair or replace only the affected parts or components. This remedy is subject to the requirements, limitations, and exclusions set forth in this Warranty.
A “Covered Product” is any new Urban Mattress-branded mattress, foundation, or pillow purchased directly from us or our authorized reseller. This Warranty does not cover: (i) third party products, which are instead subject to the applicable manufacturer’s warranty; (ii) products acquired from any individual or entity other than us or our authorized reseller; or (iii) floor models, demos, used or returned products, or any other items advertised and sold “as is” or described in a way that indicates they are not new and unused products.
This Warranty applies to you if you are the consumer who originally purchased the Covered Product, for personal use (and not resale), from us or our authorized reseller. Please retain a copy of your receipt and keep the law label affixed to the item (or elsewhere in your possession); you will be required to present proof of purchase and the original law label to demonstrate your eligibility under this Warranty. This Warranty is not transferable.
This Warranty applies to defects in workmanship or materials. For Covered Products that are mattresses, this means deterioration that causes the mattress to have a visible sag or indentation of at least one (1) inch, physical flaws that cause the mattress materials to split or crack despite proper care and usage, and defects in the zipper assembly of the mattress cover. For Covered Products that are foundations, this means structural damage or components that squeak, rattle, or are broken despite proper care and usage.
This Warranty does not cover issues that are not caused by a defect in materials or workmanship, including without limitation: the normal softening of the mattress or pillow over time which does not materially reduce the functionality of the mattress or pillow; a change in, or mismatch with, your comfort preference; or any burns, cuts, tears, spills, soiling, stains, or other abuse or damage to the Covered Product.
The Covered Products are designed for use with an appropriate foundation, box spring, base, or bedframe (for mattresses) and an appropriate bedframe and mattress (for foundations). We may require you to demonstrate that you have used an adequate foundation, box spring, base, or bedframe (for mattresses) or bedframe and mattress (for foundations), as determined in our reasonable discretion. Failure to use an adequate mattress, foundation, box spring, base, or bedframe with your Covered Product will void this Warranty.
Warranty Claim Procedure
In the event of a covered defect, please contact the authorized reseller who sold you the Covered Product. Your claim must be in writing and must include proof of purchase that contains the date of purchase. You will also be required to present the original law label (if not still affixed to the item). You should also include evidence (including, if possible, photos) of the alleged defect. We may inspect the Covered Product to determine whether this Warranty covers the alleged defect. If we determine in our reasonable discretion that the issue is not covered, we will return the Covered Product to you subject to your payment of any roundtrip shipping and delivery costs. The repair or replacement will be at our sole expense, but you will be responsible for any shipping costs involved in returning the Covered Products to us and shipping the repaired or replaced items to you. If you wish to upgrade your Covered Product and obtain another product, please contact the authorized reseller. You will be required to pay any difference between the original purchase price of the product and that of the upgrade, plus the cost of any related additional system pieces necessary for the upgrade. The replacement or repair of a Covered Product will not reset the warranty period or start a new warranty period; instead, the original ten-year period will continue to run (one year for pillows).
Disclaimer, Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WARRANTY IS THE EXCLUSIVE WARRANTY OFFERED BY US AND OUR AFFILIATES, AND ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, ARE HEREBY DISCLAIMED BY US AND WAIVED BY YOU, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. SOME 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 JURISDICTION TO JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OR OUR SUPPLIERS OR AFFILIATES, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO ANY PRODUCTS MADE OR SOLD BY OR ON BEHALF OF SUCH ENTITIES, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL OUR, OR OUR SUPPLIERS’ OR AFFILIATES’, TOTAL LIABILITY EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE PRODUCT 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.
Governing Law, Arbitration
This Warranty will be governed by the laws of the State of Colorado. In the event of a dispute related to this 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 Denver, Colorado. 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. Any 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.
If you have any questions about this Warranty, or have difficulties reaching your authorized reseller, please contact us at Urban Mattress, LLC, 1550 Wewatta Street, Denver, CO 80202.