Your Washabelle® Loveable Mattress is covered by a 10 year limited warranty (the “Limited Mattress Warranty”). This Limited Mattress Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
A. PRODUCTS COVERED UNDER THIS WARRANTY
This Mattress Limited Warranty covers Mattresses manufactured by Washabelle, LLC and purchased directly from Washabelle or Washabelle’s authorized retailers (the "Mattress"). This warranty also covers the separate Mattress components of your Mattress. Your warranty is valid if the Mattress is used normally for its intended purpose and has been used on a bed base that is structurally capable of supporting the weight of the Mattress and user(s), which may include a platform bed, box spring or setting your Mattress on the floor. This Limited Mattress Warranty does not cover your Mattress if you use it in a manner incompatible with that intended design.
B. WHO THIS MATTRESS WARRANTY EXTENDS TO:
This Limited Mattress Warranty is provided to the original retail consumer purchaser of the Mattress, and is valid only for the period of time the Mattress is owned by the original retail consumer purchaser of the Mattress. Please retain a copy of your receipt as proof of purchase. The Mattress Limited Warranty is nontransferable.
C. WHAT THIS MATTRESS WARRANTY COVERS
Washabelle LLC warrants the Mattress in its original packaging sold to you against the following defects in materials and workmanship under normal consumer use for a period of ten (10) years from the date of original purchase (the "Mattress Limited Warranty Period"):
D. WASHABELLE UNPRECEDENTED WARRANTY PROMISE
If a covered defect occurs and is confirmed upon inspection by Washabelle during the Limited Mattress Warranty Period, Washabelle, at its option, will either:
E. REPLACEMENT OF THE PRODUCT
Washabelle will replace any defective components of your Mattress within the first 24 months from your original purchase date at absolutely no cost to you, should your Mattress component be deemed defective because of faulty workmanship or structural defects. Within months 25 through 120, if a Mattress component is deemed defective, we offer a discounted price for a new component and we will replace your component for 50% of the then current selling price.
Mattress components consist of a washable Zip cover, WashaFoam inserts, WashaTex zip out waterproof/breathable liner, and a supportive 6” foam base.
F. REFUND OF THE PURCHASE PRICE
If Washabelle elects to refund the retail purchase price of the product or any component, excluding taxes, the refund will be in accordance with the following schedule measured from the original purchase date:
G. WHAT IS NOT COVERED
This Limited Mattress Warranty does not cover the following:
Washable makes no medical or health claims regarding its Mattresses. Allergies, discomfort, or other conditions, are not covered under this Limited Mattress Warranty. Any questions or concerns regarding medical or health conditions should be addressed by a licensed physician.
H. YOUR RESPONSIBILITY
You must notify Washabelle in writing of any claims under this Limited Mattress Warranty. If you discover a defect in the Mattress or any Mattress component promptly contact Washabelle in writing for warranty service. You must provide Washabelle with proof of the original purchase date. Your failure to comply with these claim submission instructions may void this Limited Mattress Warranty. We reserve the right in our sole discretion to require photographs, further information or descriptions, or to physically inspect the Mattress or Mattress component prior to accepting any particular claim under this Limited Mattress Warranty.
I. HOW TO GET WARRANTY COVERAGE
To obtain warranty service, email email@example.com or call “1.406.333.1771”. Washabelle is responsible for any shipping costs related to the return of a product purchased under the terms of this Limited Mattress Warranty and returned for replacement or refund. However, do not return the product without first obtaining Washabelle’s authorization. Your warranty service claim will be processed within a reasonable period of time; however, response times may vary.
We need your proof of purchase to determine the original date of purchase.
If Washabelle replaces the Mattress or any Mattress component, it may substitute products designated by Washabelle to be of comparable quality and functionally equivalent in the event the Mattress or Mattress component you purchased was discontinued or modified. Washabelle reserves the right to discontinue any product. If Washabelle elects to replace the Mattress or any components and you do not want, decline or accept the replacement product, Washabelle shall have no further obligations to you under this warranty.
Replacement product becomes the property of the purchaser and the replaced product becomes the property of Washabelle. The replacement product does not extent the Limited Mattress Warranty Period, but assumes only any remaining Limited Mattress Warranty Period of this warranty.
J. EXCLUSIONS AND LIMITATIONS
WASHABELLE TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MATTRESS IS PROVIDED "AS IS". WASHABELLE, LLC, ITS SUPPLIERS AND AUTHORIZED RETAILERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BEYOND THOSE SET FORTH IN THIS WARRANTY AND NON-PUFFERY CLAIMS IN OUR MARKETING MATERIALS. EACH OF THOSE PARTIES DISCLAIM ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. IF WE CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED MATTRESS 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.
EXCEPT AS PROVIDED IN THIS LIMITED MATTRESS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, WASHABELLE AND ITS SUPPLIERS AND AUTHORIZED RETAILERS SHALL NOT BE LIABLE UNDER ANY THEORY FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DAMAGE TO PERSONAL OR REAL PROPERTY, LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOST GOODWILL, OR FOR THE FAILURE TO PERFORM OUR OBLIGATIONS UNDER THIS WARRANTY. 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.
This Limited Mattress Warranty applies only to products (i) manufactured and/or distributed by Washabelle LLC. that can be identified as such and (ii) purchased in the United States of America, including the District of Columbia, and the Territories of Puerto Rico, the U. S. Virgin Islands, and Guam by the original retail consumer.
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 Mattress Warranty gives you specific legal rights and you may also have other rights which vary from state to state.
K. ARBITRATION; GOVERNING LAW
In the event of a dispute between you and Washabelle arising out of this Limited Warranty, such dispute shall 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 and 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.
Any arbitration arising out of or relating to this Warranty shall take place in Omaha, Nebraska.
The arbitration will not be combined with any other proceeding or arbitration against one of the parties. In addition, to the maximum extent permitted by applicable law, you will not be permitted to assert any claims in the capacity as a representative of a class of consumers, or otherwise to represent the interests of any other person (as a private attorney general or otherwise) in any such arbitration. You shall be able to assert only your own, individual claims in any such arbitration.
The arbitration will be conducted by a single arbitrator selected or approved by the parties. If you and Washabelle are unable to agree on an arbitrator, a single arbitrator having no relationship to either you or Washabelle shall be appointed by the AAA to arbitrate the dispute. Barring extraordinary circumstances, the arbitrator will issue a decision within 120 days from the date the arbitrator is selected or appointed by the AAA. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be close 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 arbitrator's award will be in writing and will include a statement setting forth the reasons for the disposition of any client. The arbitrator's decision and award will be final and binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction. The costs of arbitration shall be borne equally by you and Washabelle, but each of you and Washabelle shall be solely responsible for your own respective costs and expenses related to the arbitration, including attorney’s fees and other expenses.
This Limited Mattress Warranty will be governed by the laws of the State of Nebraska, and neither you nor Washabelle may object to the jurisdiction of the arbitrator or to venue of such proceeding. The arbitrator may grant any appropriate remedy, including without limitation, injunctive relief or specific performance.
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