Warranty Terms And Conditions | Harvest Green Mattress
DEFECTS COVERED UNDER THE MATTRESS WARRANTY:
- Any VISIBLE indentation equal or greater than one (1) inch that is NOT associated with or resulting from a faulty, improper or unsupportive foundation, box spring or platform that is not designed or constructed so that it is capable of handling the combined weight of the foundation and its intended users. The indentation must be visible to the naked eye when no weight is applied to the top of the Mattress. If the purchaser uses an inappropriate foundation, box spring or base as determined by Harvest Green Mattress, the Mattress Warranty, without limitation, will be void. Harvest Green Mattress may require the purchaser to provide proof of the quality of the foundation, box spring or base used.
- Any physical flaw in the natural latex foam that causes it to split or crack under conditions of normal use and proper handling.
- Any manufacturing defect in the Mattress cover such as the fabric tearing or stitching unraveling. Any cosmetic damages to the Mattress, NOT caused by normal wear and tear or that affect the performance of the Mattress.
THIS MATTRESS WARRANTY DOES NOT COVER:
- Normal wear and tear or any condition resulting from misuse or abuse of the Mattress or failure to keep the Mattress clean and free of stains and potentially unsanitary conditions.
- A normal increase in softness due to normal usage.
- Comfort preference. Any comfort level description of any Mattress is solely provided as a guideline and Harvest Green Mattress does not guarantee the firmness or softness quality of any Mattress, nor does it warrant that a particular comfort preference will be to your liking.
- Mold, odors, and/or discoloration caused by abnormal care including, but not limited to liquid spills, improper ventilation including, but not limited to humid climates and/or areas where the Mattress is exposed to excessive water or humidity.
- Damage associated with an improper bed frame, foundation, box spring, or base as determined by Harvest Green Mattress.
- Imperfections that do not prevent ordinary use and enjoyment of the Mattress by a reasonable person are not considered to be defects. For example, surfaces may not be perfectly even, and corners may not be perfectly shaped or symmetrical. These are not defects for which you can seek a remedy under this Mattress Warranty. More specifically, this Mattress Warranty excludes: (a) minor imperfections and slight cosmetic flaws; (b) normal wear and tear; (c) tears, stains, soiling, burns, and discoloration that occur over time; (d) dampness or mold; (e) individual or personalized preferences relating to firmness, texture, comfort, etc.; (f) normal body impressions not greater than one (1) inch in the Mattress as measured below the quilt level — in other words, some settling of the fiber in the quilt should be expected and is not considered a defect); (g) individual or personalized allergies and sensitivities; and (h) naturally occurring cotton, wool, or latex foam aromas.
- In addition, this Mattress Warranty does not cover conditions resulting from abusive handling, misuse, or neglect. Accordingly, the following circumstances, if discovered upon inspection, will void your Warranty: (a) any unsanitary condition; (b) burns; (c) use of the Product on an improper bed frame; (d) physically abusing the Mattress; (e) attempting to clean the Mattress in an inappropriate manner; and (f) improper storage of the Mattress (including storage in damp locations, areas infested with insects or rodents, or any other unprotected storage areas); and (g) purchase from resellers who are not authorized retailers.
YEARS 1-10: FULL COVERAGE — NON-PRORATED
During the first ten (10) years of the Mattress Warranty, Harvest Green Mattress will not charge purchaser to repair or replace purchaser’s mattress if it qualifies under the Mattress Warranty. This period is non-prorated which means that Harvest Green Mattress does not charge a percentage of the repair costs or replacement product based on the amount of time you slept on the mattress prior to noticing a defect.
YEARS 11-25: LIMITED COVERAGE — PRORATED
During years 11-25 of the Mattress Warranty, Harvest Green Mattress will, at its option, replace the mattress at a prorated charge to the purchaser in addition to transportation and/or shipping charges. The prorated replacement charged will be dependent on the year that the Mattress is replaced.
If the Mattress is replaced during the eleventh (11th) year, the prorated replacement charge the purchaser pays will be fifty (50) percent of the original purchase price. If the Mattress is replaced after the eleventh (11th) year, but before the twenty-first (21st) year, the prorated replacement charge the purchaser pays will increase by five (5) percent for each subsequent year of the prorated period (i.e. 55% of the original purchase price if replaced during year twelve (12); 60% of the original purchase price if replaced during year thirteen (13), etc. If the mattress is replaced in year twenty-one (21) or any point thereafter prior to expiration of the Mattress Warranty the prorated replacement charge will be 95% of the original purchase price.
The replacement will be of the same model and size as the original Mattress purchased. In no event will a substitution model be used as a replacement except in the case of a discontinued Mattress. In this event, a Mattress of like build and design, at Harvest Green Mattress’ discretion, will be used as a replacement for the defective Mattress. Replaced or repaired Mattresses are subject to the same Mattress Warranty as the original Mattress. 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.
If your Mattress was purchased through a Harvest Green Mattress Experience partner you should make contact with that location and they can assist in executing warranty action. Or, to make a valid claim under this Mattress Warranty, you must: Fill out a warranty ticket supplied when you contact email@example.com. This should include a brief narrative describing the defect and how it is affecting the performance of the Mattress.
You must also provide:
- Valid original proof of purchase demonstrating date of purchase and that the claimant is the original purchaser and still has the bed.
- Photographic evidence of the law tag evidencing that the law tag remains on the bed and has not been altered.
- Photos of the defect if you believe it would help Harvest Green Mattress understand the nature of the defect, or if Harvest Green Mattress requests them.
Please send all requested documentation to firstname.lastname@example.org. You are responsible for submitting your claim with sufficient supporting documentation for Harvest Green Mattress to provide a remedy if necessary. Harvest Green Mattress reserves the right, in Harvest Green Mattress’ sole discretion, to require photographs, further information or descriptions, or to send a representative or independent Mattress inspector to physically inspect the Mattress prior to accepting your claim under this Mattress Warranty. Your Mattress Warranty may be voided if you refuse to cooperate with an investigation, provide adequate responses to requests, or comply with any provision of this Mattress Warranty.
DISCLAIMER: LIMITATIONS ON LIABILITY
To the maximum extent permitted by applicable law, Harvest Green Mattress and its authorized resellers, distributors, and/or suppliers make no representations, warranties or conditions, express or implied, beyond those set forth in this warranty and non-puffery claims in Harvest Green Mattress marketing materials. Each of those parties disclaims any and all warranties or conditions, express, statutory and implied. Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you. There are no warranties that extend beyond the face of this document.
In no event will Harvest Green Mattress or its resellers, distributors, and/or suppliers be liable 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 Harvest Green Mattress 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 (1) breach of contract, (2) breach of warranty, (3) negligence, or (4) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. Some jurisdictions do not allow the limitation or exclusion of certain damages, warranties or conditions, so some of the above limitations may not apply to you. In no case shall Harvest Green Mattress’ liability exceed the purchase price paid for the mattress giving rise to any such liability.
If a dispute arises between you and Harvest Green Mattress arising out of or relating to this Mattress Warranty, that dispute will be resolved in accordance with the general dispute resolution provisions of the Harvest Green Mattress terms of service. The arbitration conducted pursuant to this provision will be deemed final and binding and will not be subject appeal absent extraordinary circumstances. You must seek arbitration for disputes arising out of this Mattress Warranty prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act or any state law relating to consumer product warranties.
As in all other dispute situations under the Harvest Green Mattress terms of service, an arbitration concerning a dispute arising out of or relating to this Mattress Warranty 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 only be permitted to assert your own claim, and may not appear as a representative of the interests of any other person, entity or class of consumers (including a private attorney general or otherwise). Some states do not allow the exclusion or limitation of incidental or consequential damages in connection with the sale of consumer products, so the above limitation or exclusion of incidental or consequential damages may not apply to you.
This limited Mattress Warranty will be governed by the laws of the State of Illinois.