Mattress 10-Year Limited Warranty
Congratulations on purchasing an Ō by Neven Mattress! This limited mattress warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
Your Ō by Neven mattress is covered by a 10-year limited warranty and extends to product purchased directly from Ō by Neven or through an authorized agent (the “Limited Warranty”). Some parts of this Limited Warranty also extend to covers sold with mattresses. This Limited Warranty is provided only to the original retail consumer purchaser residing in the United States, who purchases the mattress for personal use.
Neven Sleep, LLC, warrants the mattress to the original consumer purchaser against defects in materials and workmanship under normal consumer use for a period of ten (10) years from the date of original purchase (the “Limited Warranty Period”) when the mattress is used for personal use and for its intended purposes. Specifically, this Limited Warranty applies to the following defects:
- Permanent body impressions or indentions greater than three-quarters (3/4) of an inch, visible when no weight is applied to the top of the mattress, measured from the top edge of the mattress and that is not caused from use of an improper or unsupportive foundation or adjustable bed base; the mattress must be continuously used with a supportive foundation or a bed frame that can support the combined weight of your body, the mattress and foundation
- 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 zipper assembly
Ō by Neven mattresses are designed to be supported and must be on a firm, rigid surface; a foundation; or an adjustable bed base, which is structurally capable of supporting the combined weight of the mattress and persons using the product. The Limited Warranty and all other warranties, whether expressed or implied, are void if you use an inappropriate foundations box spring, adjustable bed base or bed frame under an Ō by Neven mattress. This Limited Warranty does not cover your product if you use it in a manner incompatible with the intended design, or if used in any commercial application. In addition, the Limited Warranty does not cover:
- A normal increase in softening of the foam
- Comfort or firmness preference
- Physical abuse or damage to the cover material or mattress structure including, but not limited to, burns, tears, cuts, stains or liquid damage
- Commercial use applications such as a hotel or rental environment
- Permanent body impressions or indentations of three-quarters (3/4) inch or less
- Slight manufacturing imperfections and flaws (such as rounded corners or a surface that is not perfectly flat)
- Dampness or mold
- Allergies or personal sensitivities
- Replacement of non-defective items (for example, if you purchased an Ō by Neven mattress and foundation and one of the pieces was deemed defective, only the defective piece would be replaced)
- Structural damage resulting from moving or transporting
- Any Ō by Neven product that was not purchased new through Ō by Neven or an authorized agent
We make no medical or health claims regarding our products. Allergies, discomfort or other conditions are not covered by this Limited Warranty. Any questions or concerns regarding medical or health conditions should be addressed by a licensed physician.
If you discover a defect in the product, promptly contact us for warranty service. Save your proof of purchase in the event you have a warranty claim. To obtain warranty service, email firstname.lastname@example.org. Your proof of purchase is needed to determine the original date of purchase.
If you have an approved warranty claim, you must return your mattress to us with your proof of the original date of purchase. You will not incur any shipping costs associated with sending us your mattress with an approved warranty claim. However, do not return the product without first obtaining our authorization. Your warranty service claim will be processed within a reasonable period of time. Response times may vary.
If we deem the mattress defective, we will repair or replace the defective product or defective component(s) at our discretion. In the case of a manufacturing defect in a component of the mattress, (e.g., the mattress cover if applicable) we may elect to repair or replace the component rather than replace the entire mattress at our complete discretion. If we elect to replace the entire mattress or component, we will replace it with the model, version, style and color available at the time of replacement, which may be different in certain respects than the original. We reserve the right to discontinue a product.
Replacement product becomes the property of the retail consumer purchaser and the replaced product becomes our property. Once a replacement is provided to the consumer, this warranty becomes void, does not extend the original period of the Limited Warranty and will not constitute the beginning of a new Limited Warranty Period.
Disclaimer, Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND ANY AUTHORIZED AGENTS, RESELLERS AND/OR DISTRIBUTORS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BEYOND THOSE SET FORTH IN THIS LIMITED WARRANTY. EACH OF THESE PARTIES DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. NO ONE IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS WARRANTY. IF WE CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE SHALL BE LIMITED TO THE DURATION OF THIS WARRANTY. NO ONE IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS WARRANTY. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THIS DOCUMENT.
IN NO EVENT WILL WE OR OUR AUTHORIZED AGENTS, RESELLERS AND/OR DISTRIBUTORS BE LIABLE UNDER ANY THEORY FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR OR ANY THIRD PARTY’S PURCHASE AND/OR USE OF THE PRODUCT, EVEN IF WE OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM A) BREACH OF CONTRACT, B) BREACH OF WARRANTY, C) NEGLIGENCE, D) PERSONAL INJURY, E) DAMAGE TO PERSONAL OR REAL PROPERTY, F) LOST PROFITS, G) LOST BUSINESS OPPORTUNITIES, H) LOST GOODWILL, I) FOR THE FAILURE TO PERFORM OUR OBLIGATIONS UNDER THIS WARRANTY OR J) ANY OTHER CAUSE OF ACTION TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. NO SUCH DAMAGES SHALL BE RECOVERABLE EVEN IF THE REPLACEMENT REMEDIES FAIL THEIR ESSENTIAL PURPOSE. OUR TOTAL LIABILITY UNDER ANY LEGAL THEORY WILL BE LIMITED TO THE ORIGINAL RETAIL PURCHASE PRICE PAID BY THE CONSUMER FOR THE PRODUCT EXCLUDING TAXES AND SHIPPING COSTS.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Arbitration; Choice of Law
If there is a dispute between you and Neven arising out of or relating to 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). Information about the AAA, including its rules and fees, are 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. Arbitration is not required if you choose to pursue any rights and remedies that are not created by Title I of the Magnuson Moss Warranty Act.
You agree that you may resolve any dispute with us only on an individual basis, and that you may not bring any claim or demand as a plaintiff of, or otherwise participate as part of, any purported class, consolidated, or representative action or proceeding. Further, unless you and we otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class, consolidated or representative proceeding.
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.
The arbitration shall cover any and all claims or disputes arising out of or relating to this Limited Warranty, including the breach, application, validity, interpretation or scope thereof. The arbitrators shall have no authority to go outside of the scope of this Limited Warranty. The arbitrator(s) shall have no power to conduct class, mass, private attorney general or consolidated proceedings without our consent. 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.