MVMNT SLEEP SYSTEMS
THIS LIMITED WARRANTY GIVES YOU (“CUSTOMER,” “YOU” OR “YOUR”) SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. THIS LIMITED WARRANTY APPLIES TO PURCHASES OF THE MVMNT SLEEP SYSTEMS MATTRESS, FRAME, OR LINEN PRODUCTS (INDIVIDUALLY OR COLLECTIVELY, “PRODUCTS”) YOU PURCHASE FROM US (“MVMNT SLEEP SYSTEMS, LLC,”“MVMNT,” “OUR,” “US,” OR “WE”). A VERSION OF THE LIMITED WARRANTY MAY BE FOUND ONLINE AT WWW.MVMNTSLEEP.COM/WARRANTY OR IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS. THE TERMS AND CONDITIONS OF THIS LIMITED WARRANTY FOLLOW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY STATED IN THIS LIMITED WARRANTY, WE MAKE NO OTHER WARRANTIES REGARDING THE PRODUCTS, AND WE DISCLAIM ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW SUCH LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
WHAT DO WE WARRANT UNDER THE LIMITED WARRANTY?
BY THIS LIMITED WARRANTY, WE WARRANT THAT DURING THE WARRANTY PERIOD (AS DEFINED BELOW), THE PRODUCTS WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR OR REPLACEMENT AS DESCRIBED BELOW IN THIS LIMITED WARRANTY. WE RESERVE THE RIGHT TO PROSPECTIVELY MODIFY THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY IN OUR SOLE DISCRETION FROM TIME-TO-TIME.
WHO MAY USE THIS WARRANTY?
This Limited Warranty applies only to customers who originally purchased the Products, and provided those purchased Products are still located in the United States of America (“US”). The Limited Warranty does not extend to any subsequent owner or other assignee or transferee of the Products, nor does the Limited Warranty apply to Limited Warranty claims for Products located outside of the US.
WHAT DOES THIS WARRANTY COVER?
The Limited Warranty covers defects in materials and workmanship of the Products during the Warranty Period.
WHAT DOES THIS WARRANTY NOT COVER?
The Limited Warranty does not cover any damage due to or occurrence of any of the following: (a) you shipping, transporting, or moving the Products; (b) you storing or warehousing the Products; (c) improper use or abuse of the Products; (d) failure to precisely follow the Product installation or adjustment instructions; (e) modifications of or to the Products; (f) unauthorized repairs of or to the Products; (g) normal wear and tear, bodily fluids, water and other fluids, damage, or stains; (h) external causes such as accidents, abuse, neglect, negligence, or other actions or events beyond our reasonable control; (i) commercial use, including but not limited to use in association with any lodging; (j) normal body conformity of the internal support or topper layers that is less than 1 1/2” in depth; (k) use of a frame or support platform that is not intended for memory foam mattresses (l) use of a frame or support platform that does not have at least 5-6 legs for a King- or Queen-sized mattress, including a leg in the exact center of the support mechanism; (m) using a frame or support platform incorporating slats that are less than 3” in width or with spaces measuring more than 2” between slats; (n) use of a frame or support platform that does not have at least 4 legs for a Full- or Twin-sized mattress; (o) use of a frame not manufactured by or authorized in writing by MVMNT for a Titan-sized mattress; (p) attempting to wash all or part of any MVMNT mattress in a washing machine; (q) using tools or implements to pull zippers or otherwise open or remove the topper or cover deck; (r) slight color changes of the internal foam core components; (s) any action, intended or otherwise, that is reasonably likely to damage any mattress; (t) failure to properly maintain the Products; (u) damage caused by cleaning products and solutions; (v) use of the Products with other goods and services that are not authorized by us; (w) improper use or use of a nature other than intended; (x) your or your invitees negligence, gross negligence, or willful misconduct in connection with use of the Products; (y) water damage, floods, or other acts of God.
WHAT IS THE PERIOD OF COVERAGE?
To the maximum extent permitted by applicable law, the Limited Warranty starts on the date you purchase the Products and continues immediately thereafter for 12 months (the “365-Day Warranty Period”). The Extended Limited Warranty starts on the date immediately following the expiration of the 365-Day Warranty Period and continues immediately thereafter for nine 12-month periods (“Extended Warranty Period,” which together with the 365-Day Warranty Period shall be referred to as a “Warranty Period”). Neither the 365-Day Warranty Period nor the Extended Limited Warranty Period will be extended, even if we repair or replace the Products.
WHAT ARE YOUR REMEDIES UNDER THIS WARRANTY?
With respect to any defective Products during the 365-Day Warranty Period, we will, as your sole and exclusive remedy, in our sole discretion and at our expense, either repair or replace such Products, in whole or in part; and, if after such repair or replacement you are dissatisfied with a Product and wish to return it, will refund your purchase price less 15% for shipping and handling fees. With respect to any defective Product during the Extended Warranty Period, we will, as your sole and exclusive remedy, in our sole discretion and at our expense, either repair or replace such Products, in whole or in part, at a prorated amount of 1/10th of the purchase price for each full or partial year since your actual purchase date, plus any applicable containerizing, shipping, handling and insurance fees to us or in return to you. Any replaced or repaired parts will be of the same or better quality, however, specific colors or styles of parts may vary from your original purchase, due to availability of models and parts.
HOW DO YOU OBTAIN WARRANTY SERVICE?
To make a Limited Warranty claim, you must call (435) 359-4800 or email our Customer Service Department at email@example.com during the 365-Day Warranty Period or the Extended Warranty Period, as applicable, and then obtain a Defective Merchandise Authorization number (“DMA”). No Limited Warranty service will be provided without a DMA. You may be required to provide photos, written details, order numbers, serial numbers, or other supporting documentation or information in order to receive a DMA number. Any claims under the Limited Warranty that we do not receive within the 365-Day Warranty Period or Extended Warranty Period, as applicable, will be invalid and void.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE REMEDIES DESCRIBED IN THIS LIMITED WARRANTY ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS, NOR SHALL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE DAMAGES OR LOSSES, LOST OPPORTUNITIES, OR LOST BUSINESS, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW SUCH LIMITATIONS, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
WHAT CAN YOU DO IN CASE OF A DISPUTE WITH US?
To the maximum extent permitted by law, this Limited Warranty shall be governed by and construed in accordance with the laws of the State of Utah, without regard to any applicable conflicts or choice of law provisions. For any dispute arising out of or in connection with this Limited Warranty, you and we irrevocably consent to binding arbitration in Salt Lake City, Utah, with an arbitrator reasonably selected by us, under the Commercial Rules of the American Arbitration Association, and you and we hereby waive any objection that arbitration in such city is inconvenient. You and we hereby agree to waive any right you and we may have to a trial by jury. You hereby agree to waive any right you may have to participate in any class, collective, group, or representative action or proceeding arising out of or in connection with this Limited Warranty or the Products. The prevailing party in any such arbitration action shall be entitled to collect from the non-prevailing party, in addition to any award, all of such prevailing party’s reasonable costs, fees, and expenses, including attorneys’ fees. The exclusive venue to enforce a final arbitration determination shall be the state and federal courts of competent jurisdiction located in Salt Lake City, Utah, and you and we hereby consent to the jurisdiction of said courts and waive any objection that venue in such courts is inconvenient. In any such final arbitration enforcement action, the prevailing party shall be entitled to recover from the non-prevailing party, in addition to any other rights and remedies available at law, in equity, or under this Limited Warranty, the prevailing party’s reasonable costs, fees, and expenses, including, attorneys’ fees and court costs.
Updated: March 30, 2018