LIMITED MATTRESS WARRANTY
THIS LIMITED MATTRESS WARRANTY (“LIMITED MATTRESS WARRANTY”) GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
WE WARRANT THAT DURING THE WARRANTY PERIOD, THE MATTRESS PURCHASED DIRECTLY FROM BOLL & BRANCH WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR A DEFECTIVE MATTRESS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
(a) Products Covered by this Warranty.
This Limited Mattress Warranty extends to mattresses or foundations purchased directly from Boll & Branch, LLC, a Delaware limited liability company (“Boll & Branch”), and located in the contiguous United States (not including Alaska, Hawaii, and the US territories) (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). This Limited Mattress Warranty does not cover the Mattress if you use it in a manner incompatible with that intended design, including, without limitation, uses other than for your own personal, residential use.
Foundations are designed to work with a bed frame capable of supporting the load of the foundation and an approved mattress. This Limited Mattress Warranty and other performance warranties are based on tests conducted on “sets” that consist of our mattresses and our foundations. THEREFORE, IF PURCHASER USES INAPPROPRIATE MATTRESSES OR BED FRAMES WITH THIS FOUNDATION, SUCH USE WILL VOID THIS LIMITED MATTRESS WARRANTY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Boll & Branch makes no representations whatsoever as to the structural integrity or rated load for any frame not manufactured by or for Boll & Branch. Boll & Branch reserves the right to invalidate this Limited Mattress Warranty if the frame is determined, in Boll & Branch’s reasonable discretion, to be inadequate or if the foundation is found to be in an unsanitary condition.
(b) Who May Use This Warranty?
This Limited Mattress Warranty extends only to the original purchaser of the Mattress who is located in the contiguous United States (not including Alaska, Hawaii, and the US territories). It does not extend to any subsequent or other owner or transferee of the Mattress.
(c) What Does This Warranty Cover?
This Limited Mattress Warranty warrants against the defects in material and workmanship set forth below (“Defects”) for the Warranty Period (as defined below), when the Mattress is used normally for its intended purposes in the home and on a bed base that is structurally capable of supporting the weight of the Mattress and user(s).
Specifically, this Limited Mattress Warranty applies to the following defects (“Defects”):
- Deterioration causing the Mattress to have a visible indentation greater than one point five (1.5) inch that is not associated with an indentation or sag which results from use of an improper or unsupportive foundation or adjustable bed base.
- Any physical flaw in the Mattress that causes the material to split or crack, despite normal usage and proper handling.
- Structural damage or broken components
- Sagging that is not associated with the use of an improper bed frame
This Limited Mattress Warranty does not cover any shipping and handling fees associated with returning or replacing a defective Mattress. In addition, This Limited Mattress Warranty does not cover any damages due to:
- improper use;
- use of Mattress in hotels or commercial institutions;
- use of the Mattress for commercial purposes (e.g. use of the Mattress in a personal residence but such personal residence is used for the operation of short-term rental business such as Airbnb or VRBO);
- failure to follow the Mattress care instructions or to perform any preventive maintenance;
- combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by Boll & Branch;
- unauthorized repair;
- normal wear and tear;
- external causes such as accidents, abuse, or other actions or events beyond our reasonable control;
- Fabric portions of the Mattress;
- Handles and corner guards of Mattresses;
- Sheet fit;
- Comfort preference
- Damage associated with an improper bed frame, foundations, or adjustable base
- Non-defective pieces of the set; and
- Mattresses sold “as-is”, “preconditioned”, “reconditioned”, “used”, “comfort return”, “returned”, “previously owned”, “floor model” 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 or for display purposes.
- Unsanitary condition, soiled or stained
- Sagging or body impressions less than 1.5”
- Floor Models
- Handles or Corner Guards
- Law labels are removed
(e) What is the Period of Coverage?
This Limited Mattress Warranty starts on the date of your purchase and lasts for 10 years thereafter (the “Warranty Period”). The Warranty Period is not extended if we repair or replace a warranted Mattress or re-perform a warranted service. We may change the availability of this Limited Mattress Warranty at our discretion, but any changes will not be retroactive.
(f) What Are Your Remedies Under This Warranty?
- With respect to any defective Mattress during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such defective Mattress (or the defective part) free of charge or (ii) refund the Prorated Purchase Price of such Mattress as calculated in Section (f)(ii) . We will not pay for shipping and handling fees to return the repaired or replacement Mattress.
- In the event that we elect to issue a refund for such defective Mattress, we will refund you the Prorated Purchase Price of such defective Mattress which is calculated off your purchase price, # of months owned, and total months of the warranty.
To obtain warranty service, you must email our Customer Service Department at firstname.lastname@example.org during the Warranty Period and provide all of the following items:
- Proof of purchase/Original purchaser;
- Order number;
- Your name, email address, physical address at which the Mattress is located, and daytime telephone number;
- Photographic evidence of Defects; and
- Photographic evidence of attached tags, labels, and model numbers.
Upon receiving the foregoing information from you, Boll & Branch may take up to seven business days to review and process your claim. Boll & Branch will not charge purchaser to repair or replace purchaser’s foundation if it is deemed defective. No new warranty is provided with a replacement foundation or mattress. The warranty for the replacement foundation or mattress runs from the date of original purchase of the replaced foundation. In connection with the replacement of a product in compliance with the terms of this Limited Mattress Warranty, if a purchaser elects to upgrade to a more expensive product, it may do so by paying the difference between the cost of the original product being replaced and the cost of the upgraded product plus the cost of any related additional sleep system pieces not being replaced as part of the warranty exchange. In the event of an upgrade as described in this paragraph, a new warranty will be provided for the upgraded pieces only.
(h) Care Instructions
- Rotate your mattress from end-to-end at 2 weeks and then every 2-3 months thereafter.
- King and Queen mattress sets must be supported by an appropriate frame with a rigid center bridge bar and supporting leg. It will also need at least (i) 5 legs, or (ii) 5 equally spaced hardwood cross-slats.
- Use a mattress pad to avoid stains
- When moving, carton your mattress and transport it on its side.
- Do not remove the law tag or label containing the model name.
- Do not bend, stand or jump on the mattress.
- Do not use cleaning fluids on the product.
- Do not smoke in bed or expose the mattress to open flame or fire.
- Do not lift your mattress by its handles. Handles should only be used for positioning the mattress on the foundation.
(i) Limitation of Liability
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED MATTRESS WARRANTY. BOLL & BRANCHES LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE MATTRESS, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
In the event a dispute arises between you and Boll & Branch 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 Union County, New Jersey.
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 arbitrators’ 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 arbitrators’ award will be final and binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction.
(k) Governing Law
This Limited Mattress Warranty will be governed by the laws of the State of Delaware.