INDIGO SLEEP 10 YEAR LIMITED MATTRESS WARRANTY
Your new Indigo support layer is covered by a 10 year limited warranty, your Indigo Comfort Layer is covered by a 5 year limited warranty, and your Mattress Cover is covered by a 2 year limited warranty, collectively the LIMITED MATTRESS WARRANTY. The value of the warranty is prorated over the length of the warranty period for each component of the mattress. This Limited Mattress Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
1. PRODUCTS COVERED BY THIS LIMITED MATTRESS WARRANTY
This limited Mattress Warranty extends to mattresses manufactured by Indigo Sleep, LLC (“Indigo”) and purchased directly from Indigo or Indigo’s authorized retailers (the “Mattresses”). Some parts of this limited Mattress Warranty also extend to the Mattress Covers, the Comfort Layer and Support Layer of the Mattresses. Mattresses are designed to work on a firm, solid surface, on a bed base that is structurally capable of supporting the weight of the Mattress and user(s). Users must regularly rotate the Comfort Layer no less than biannually to minimize the difference in wear and tear that would be noticeable. Users must also switch the Comfort Layer from side to side and rotate front to back to compensate for any disproportionate pressure applied to the Comfort Layer during regular use. This Limited Mattress Warranty does not cover your Mattress if you use it or any of its components in a manner incompatible with that intended design.
2. WHO THIS MATTRESS WARRANTY EXTENDS TO
This Limited Mattress Warranty extends to the original purchaser of any Mattress. All Indigo warranties, including any implied warranties, are valid only for the period of time the Mattress is owned by the original purchaser of the Mattress. The “original purchaser,” for the purposes of this Mattress Warranty, is the first purchaser of the Mattress from Indigo or an Indigo authorized retailer. Please retain a copy of your receipt as proof of purchase. All Indigo Limited Mattress Warranties are not transferable.
3. INDIGO’S LIMITED MATTRESS WARRANTY AND RESPONSIBILITIES
Indigo warrants the Support Layer in its original packaging sold to you against the defects in material and workmanship set forth below (“Defects”) for a period of 10 years from the time your Mattress is purchased by you, when the Mattress is used normally for its intended purposes and on a bed base that is structurally capable of supporting the weight of the Mattress and user(s). Users must regularly rotate the Comfort Layer to minimize the difference in wear and tear that will be noticeable. Users must also switch the Comfort Layer from side to side and rotate front to back to compensate for any disproportionate pressure applied to the Comfort Layer during regular use. The Comfort Layer is warranted for a period of 5 years. The Mattress Cover is warranted for a period of 2 years.
4. WHAT THIS LIMITED MATTRESS WARRANTY COVERS
This Limited Mattress Warranty applies to the following Defects:
- Deterioration causing the Mattress to have a visible indentation greater than two (2) inches that is not associated with an indentation or sag which has not resulted from use of an improper or unsupportive foundation, platform, or adjustable bed base. Normal wear requires that a Mattress be continuously supported by a platform or adjustable bed base sufficient to support the collective weight of 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 sewing of the fitted assembly of the Mattress Cover that was not caused by abuse by the customer.
This limited Mattress Warranty does not cover the following:
- A normal increase in softness of the foam pressure-relieving material which does not affect the pressure-relieving qualities of the Mattress.
- Minor imperfections and slight cosmetic flaws, normal wear and tear, discoloration that occurs over time, naturally occurring fabric or foam aromas.
- Comfort preference.
- Physical abuse or damage to the structure and/or cover material, including but not limited to, burns, cuts, tears, liquid damage, or stains, insect damage, unsanitary conditions, improper cleaning; provided that the defect is caused by such abuse or damage.
- Replacement of any non-defective pieces in the Indigo sleep system (for example, if you purchase a mattress with multiple components and only one component is defective, then we will only replace the defective component).
- Any mattress (whether manufactured by Indigo or not) sold by resellers who are not authorized retailers.
- Mattresses sold “as-is”, “preconditioned”, “reconditioned”, “used”, “comfort return”, “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.
- Bedding used in hotels, motels or institutional facilities
- Bedding purchased from second hand parties, non-retail establishments or received as a promotional item.
- Bedding height
- Damage of the mattress due to misuse or abuse
- Sheet fit
- In the event of a Defect, Indigo’s sole and exclusive liability and your sole remedy under this limited Mattress Warranty will be, at Indigo’s option, to replace the defective component or provide prorated credit toward the needed replacement component based on the remaining warranty coverage, subject to your fulfillment of “Your Responsibilities” below.
5. YOUR RESPONSIBILITIES
In the event of a Defect and in order to get the benefit of this limited Mattress Warranty, you must return your Mattresses or Mattress Cover to Indigo and provide Indigo with proof of the original date of purchase. Should shipping costs be required to return your Mattress, you will not be responsible for those costs. Evidence of a Defect and any claims must be sent to the address set forth at the end of this limited Mattress Warranty. If you wish to replace your Mattress with a more expensive Mattress (an “Upgrade Mattress”), then please e-mail Indigo at the e-mail address set forth at the end of this limited Mattress Warranty. You will be required to pay the difference between the sum total of the prorated values of each component of the Mattress and the retail selling price of the Upgrade Mattress, plus the cost of any related additional system pieces necessary for such Upgrade Mattress.
Indigo will repair or replace (as applicable) and ship your Mattress or Upgrade Mattress back to you. You will be responsible for any shipping costs associated with shipping replaced or repaired Mattresses.
Replaced or repaired Mattresses that are not Upgrade Mattresses are subject to the same limited Mattress Warranty as the original Mattress. For example, if you obtain a replaced or repaired Mattress that is the same style and price as the original Mattress, then the warranty term of the replaced or repaired Mattress begins from the date of purchase of the original Mattress. If you purchase an Upgrade Mattress, then you obtain a new limited Mattress Warranty, and the warranty term will begin upon the purchase of the Upgrade Mattress.
6. DISCLAIMER, LIMITATION ON LIABILITY
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MATTRESS IS PROVIDED “AS IS” AND THIS WARRANTY AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
SOME STATES OR OTHER 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 STATE TO STATE AND JURISDICTION TO JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED MATTRESS WARRANTY, IN NO EVENT WILL INDIGO 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 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 INDIGO HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. INDIGO’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.
Indigo reserves the right to refuse service and invalidate the warranty when the sleep set, even if defective, is in an unsanitary condition (due to blood or bodily fluid stains or soiling, infestation or other abuse), when the sleep set has evidence of damage from liquid penetration, cleaning or the use of cleaning fluids, or whenever the product failure is caused by factors other than defective workmanship or materials.
Allowing the sleep set to be in an unsanitary condition may damage the product and invalidate the warranty. For the health and safety of anyone who would be required to dispose of, or otherwise handle, the sleep set, Indigo may refuse to inspect such products to assess whether covered by the warranty, in which case, Indigo reserves the right to deny warranty coverage.
The use of cleaning fluids may damage the fabric and materials in your mattress. Allowing water or other liquids to penetrate your mattress may damage the layers of upholstery, causing materials to compress. Either of these situations may result in damage that will invalidate your warranty. Indigo reserves the right to deny warranty coverage if the sleep set exhibits stains or soiling of unknown origin or nature and it appears to Indigo, in good faith, that the sleep set may be in an unsanitary condition or may have been damaged by liquid penetration or other abuse.
In the event a dispute arises between you and Indigo arising out of this Limited Mattress 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 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.
Arbitration will take place in Manhattan, New York.
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. 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 arbitrator’s’ 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 arbitrator’s’ award will be final and binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction.
8. GOVERNING LAW
This limited Mattress Warranty will be governed by the laws of the State of New York.