10-YEAR MATTRESS LIMITED WARRANTY
WARRANTY COVERAGE LIMITED WARRANTY TERMS
Your new Bamboo is Better mattress is covered by a Limited Bamboo is Better Forever Warranty (the “Warranty”) for the full period of the original owner’s (“you”) ownership and use.
WHO IS COVERED
This warranty is valid only for the original purchaser from the original purchase date of the Mattress and is non-transferable. The “original purchaser,” for the purposes of this Warranty, is the first purchaser of the Mattress from Bamboo is Better. Please retain a copy of your receipt as proof of purchase and owner. If the original purchaser sells or otherwise relinquishes ownership of the mattress to another, this Warranty terminates and the subsequent owner accepts the product “as is” and “with all faults.”
WHAT IS WARRANTED
This Warranty extends to mattresses manufactured by Diamond mattress for Bamboo is Better and purchased directly from Bamboo is Better. Some parts of this Warranty also extend to covers sold with Mattresses. Bamboo is Better warrants the Mattress in its original packaging sold to you against the defects in material and workmanship set forth below (“Defects”) for 10 years of ownership by you and use by you commencing from the time your Mattress is purchased by you. Replaced or repaired Mattresses are subject to the same Warranty as the original Mattress. For example, if you obtain a replaced or repaired Mattress the warranty term of the replaced or repaired Mattress begins from the date of purchase of the original Mattress.
THE FOLLOWING DEFECTS ARE COVERED
Deterioration causing the Mattress to have a visible indentation greater than one and one-half inches (1.5″) that is not associated with an indentation or sag which results from use of an improper or unsupported foundation or bed base. Normal wear requires that a Mattress be continuously supported by a matching foundation or adjustable bed base with a proper bed frame sufficient to support the collective weight of the Mattress and user(s). Any physical flaw in the Mattress that causes the foam material to evidence degradation, a split or crack, despite normal usage and proper handling. Any manufacturing defect in the assembly of the Mattress Cover, excluding zippers or handles.
THIS MATTRESS WARRANTY DOES NOT COVER
Any product which has been subject to misuse, neglect, accident or used in violation of instructions, including instructions to place mattress on proper bed frame. A normal increase in softness of the foam pressure-relieving material which does not affect the pressure-relieving qualities of the Mattress. Comfort preference. Defects caused by physical abuse or damage to the structure and/or cover material, including but not limited to, burns, cuts, tears, liquid damage, or stains. Wear to the fabric from use including but not limited to color changes, peeling,a wear off of finishing treatments or other normal wear. Zipper breakage due to use or misuse. Mattresses sold as”, “preconditioned”, “reconditioned”, “used”, “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 (as defined above), Bamboo is Better’s sole liability and your sole remedies under this Warranty will be: In the first 10 years Bamboo is Better will completely repair, re-cover, or replace your Bamboo is Better Mattress, at Bamboo is Better’s discretion. The only charge you will incur will be replacement component and transportation costs.
Contact Bamboo is Better for details.
CLAIMS & ARBITRATION YOUR RESPONSIBILITIES
In order for this Warranty to apply, the Mattress must be used on a firm, solid-surface, such as a bed base that is structurally capable of supporting the weight of the Mattress and user(s) for the entirety of its use. You must return your Mattress or Mattress Cover and show proof of original purchase. After the 100 Night Sleep Trial, You will be responsible for replacement part cost and shipping fees, each way, associated with shipping replaced or repaired Mattresses. At Bamboo is Better’s option, Bamboo is Better may authorize you to provide photo evidence of defect in lieu of returning the Mattress.
HOW TO MAKE A WARRANTY CLAIM
Please submit a photo of your law tag that is attached to the back of your mattress, along with a copy of your purchase receipt and please include a description of the issues you are experiencing with your Bamboo is Better mattress to our Warranty Department by sending an email to email@example.com or mail to:
Bamboo is Better Mattress
Attn: Warranty Department
17605 Fabrica Way
Cerritos, CA 90703
If you have questions our warranty department can be reached from 9:00 AM to 4:00 PM PST at 714-880-6050.
WARRANTY LIMITATIONS, DISCLAIMERS, AND LIMITATION OF LIABILITY THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANT-ABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, BAMBOO IS BETTER LIMITS THE DURATION OF SUCH WARRANTIES TO THE SHORTER OF EITHER A) THE DURATION OF THIS WRITTEN WARRANTY, OR B) ANY MAXIMUM DURATION FOR IMPLIED OR STATUTORY WARRANTIES PROVIDED BY STATUTE. SOME STATES DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
BAMBOO IS BETTER LIMITS THE REMEDIES FOR SUCH WARRANTIES TO, AT BAMBOO IS BETTER’S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED HEREIN.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, IN NO EVENT WILL BAMBOO IS BETTER 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 BAMBOO IS BETTER 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 BAMBOO IS BETTER HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BAMBOO IS BETTER’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 Bamboo is Better arising out of 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. Arbitration will take place in San Francisco, CA. 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. The AAA may require information related to your product including purchase information. 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. 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.
You must seek arbitration for disputes arising out of this Limited Mattress 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 by the Magnuson¬-Moss Warranty Act.
This Limited Warranty will be governed by the laws of the State of California.
Bamboo is Better Inc.
17605 Fabric Way
Cerritos, CA 90703