We have so much confidence in the durability of the Sleep Number® bed that we’re proud to offer you a 25 year limited warranty, so you can sleep with peace of mind for many years to come.
Sleep Number Corporation (“Sleep Number”) warrants certain of its mattresses and/or mattress bases against defects in material or workmanship under normal use and service to the original purchaser for a period of twenty–five (25) years from the date of original purchase. This warranty extends to all Sleep Number® mattresses (our “Core Line”) and Sleep Number® modular bases purchased after May 1, 2017, excluding the it™ bed and the Sleep Number 360™ Smart Bed. This warranty also applies to the Firmness Control™ system that controls your covered mattress. However, if your Firmness Control system contains a SleepIQ® module, that specific SleepIQ module is only covered for a period of two (2) years from the original date of purchase. Note, if your Firmness Control system connects with SleepIQ® services, then your Firmness Control system contains a SleepIQ module. This warranty does not apply to it™ beds or it™ bed bases or frames or to Sleep Number 360™ Smart Beds, integrated bases or frames.
During the warranty period and at our sole option, Sleep Number will repair or replace the warrantied product or part due to a defect in materials or workmanship under normal use and service provided that it is returned to us as provided herein. During the first two (2) warranty years, any covered repairs or replacement parts will be at no cost to you. Sleep Number reserves the right to substitute products or parts of comparable quality and value or, where permissible by law, to use or deliver refurbished products or parts in the repair or replacement of any product or part that does not come into contact with the outer sleeping surface of the mattress (e.g., the Firmness Control system or the air chambers) under this limited warranty. In the event that the warrantied products or parts are no longer manufactured or available and no other products or parts of comparable quality and value are available, Sleep Number reserves the right, in its sole discretion, to satisfy its obligations hereunder by offering the prorated monetary value of the warrantied product or part in the form of a one-time payment.
During the following warranty years (e.g. years 3-25), your repair or replacement cost will be calculated by multiplying our then–current prices for the product or part (or a comparable product or part if the original product or part is no longer in production) by the percentage of such cost that you are responsible for paying for such product or part as follows:
| Warranty Year | Percentage of cost you are responsible for paying under a warranty claim: |
|---|---|
| 0–2 | No cost |
| 3–20 | 20% plus 4% for each completed year from original date of purchase later |
| 21–25 | 96% |
Your warranty is non–transferrable and the sale, transfer or disposal of the warrantied product or part will void this warranty. For the purposes of this warranty, an “original purchaser” is an individual who purchases the product directly from Sleep Number or an authorized reseller for personal, household or consumer use and not with the intent to resell the product or for commercial purposes. This warranty does not apply to products purchased either for commercial purposes, with the intent to resell or through unauthorized resellers including, without limitation, third–party websites such as Craigslist, eBay, Amazon or Alibaba. If you are not the original purchaser, you take the product “as is” and with any and all faults. This warranty does not apply to any floor model Core Line products.
Your warranty excludes claims for conditions arising from normal wear and tear including but not limited to mattress cover compression, foam compression, discoloration of parts or normal body indentations. This warranty does not provide coverage for claims related to comfort preference (e.g., “The bed feels too hard/soft”). The warranty does not provide coverage and will become void if claims are a result of damage caused by tampering with or modifications to any component including but not limited to the opening of the Firmness Control system or remote control. Damage caused by using the product in any manner that is inconsistent with applicable owner’s guides, user manuals or other operational instructions or from laundering or dry–cleaning the product or any part thereof as well as damage caused by misuse or abuse including but not limited to stains, soil, burns, cuts, tears or spills or factors other than a product defect, are also excluded hereunder and will void this warranty. Lastly, this warranty does not provide coverage and will become void if damage is caused by acts of nature including but not limited to fire, flood or lightning damage or for damage caused by power surges. Changes in barometric pressure or environmental temperature can impact the feel of your Sleep Number mattress and may require you to occasionally adjust your Firmness Control system to return to your preferred Sleep Number® setting. This is normal, is a function of the environment and does not reflect any defect in your Sleep Number mattress or Firmness Control system. Consequently, this warranty will not cover claims caused by changes in barometric pressure.
This warranty also excludes claims related to the SleepIQ module after the first two (2) years as well as access and use of SleepIQ services. Any claims related to the SleepIQ services are governed a separate SleepIQ® End User License Agreement. This warranty also excludes any claims regarding connectivity, compatible device or communication protocol issues that are not a related to defects in materials or workmanship with the SleepIQ module during the first two warranty years.
In connection with your warranty claim, you are responsible for returning the warrantied product or part to us. If your claim occurs during the first two (2) warranty years, we will incur both the cost of shipping the warrantied product or part back to us as well as the cost of our shipment of any repaired or replaced product or part back to you. If your claim occurs after the first two warranty years, shipping of products or parts related to your covered warranty claim will be at your expense in both directions. In either case, you remain responsible for bringing your authorized return to your nearest UPS facility or drop–off location. This warranty does not provide coverage for the cost associated with the transportation, inspection, removal or installation of any product or parts except as provided above. The responsibility for the installation of any product or part replaced under this warranty and any related installation costs are yours regardless of whether there is any cost to you for the repaired or replaced product or part. This limited warranty also does not include reimbursement for inconvenience, removal, set up time or loss of use.
You may be required to provide your original receipt at the time of any warranty claim.
Your Sleep Number mattress is designed to work on a firm, solid, non–spring foundation or adjustable bed base that is sufficiently strong and stable so as being capable of supporting the weight of the mattress and its occupants. Failure to use an appropriate foundation will void your warranty.
Do not remove the law label attached to your Sleep Number mattress. This label identifies your mattress as being a genuine Sleep Number mattress and may be required to establish warranty coverage.
Do not open or tamper with the Firmness Control system (including the SleepIQ module) or the remote except to change the battery.
This warranty shall not apply to any product or part found to be in an unreasonably unsanitary condition. A product is in an unreasonably unsanitary condition if it is so pervasively soiled that an inspection is unable to be conducted due to the presence of body fluids, blood borne pathogens, insects or other substances that otherwise suggest that the product has been subjected to misuse or abuse beyond ordinary wear and tear.
No new warranty is provided with any mattress or any component part that is repaired or replaced under this warranty. The warranty for any replacement mattress, component part, Firmness Control system or SleepIQ module runs from the date of your original purchase. Any mattress, component part or Firmness Control system (including an installed SleepIQ module, if any) that is replaced under this warranty will be required to be returned to Sleep Number at the time of replacement. If you receive replacement products or parts under this warranty but fail to return any replaced product or part to us as required, further warranty coverage will be suspended until such replaced product or part is returned.
Your warranty provides coverage for products purchased and used in the United States excluding its territories and possessions (e.g., Guam, Puerto Rico and the Virgin Islands). It is not applicable to claims for products purchased or used in any other country at any time. Transportation or use of your Sleep Number bed outside the United States, including transportation or use in any U.S. territory or possession, will void this warranty.
Your exclusive remedy, in lieu of all incidental, special or consequential damages including for negligence, is limited to repair or replacement of any product or component deemed to be defective under the terms and conditions stated in this warranty.
Sleep number makes no other warranty whatsoever, express or implied. SLEEP NUMBER SHALL NOT BE LIABLE IN ANY CASE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT OR ARISING OUT OF ANY BREACH OF THIS WARRANTY EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLICABLE TO YOUR SLEEP NUMBER® MATTRESS AND/OR BASE OR FIRMNESS CONTROL™ SYSTEM (INCLUDING AN INSTALLED SLEEPIQ® MODULE, IF ANY) IS LIMITED IN DURATION TO TWO YEARS. EXCEPT AS OTHERWISE MAY BE REQUIRED BY LAW, THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OTHER THAN THE WARRANTY DESCRIBED HEREIN.
Sleep Number does not make any warranty and specifically disclaims any warranty that your Sleep Number mattress and/or base is suitable for your or any particular medical condition. No express or implied warranties are extended to any persons and all such warranties are hereby excluded. Sleep Number does not authorize any person or entity to create for Sleep Number any other obligation or liability in connection with this warranty.
Some states do not allow the exclusion or limitation of incidental or consequential damages or limitations on how long an implied warranty lasts so the foregoing limitations may not apply to you. This warranty gives you specific legal rights. You may also have other rights. These rights may vary from state to state.
You must contact our Customer Service department at the phone number printed on the back cover of your owner’s manual to obtain a Return Service Order (RSO) number prior to returning any products or parts to us. You may be asked to undertake certain steps to troubleshoot the product or part for which a claim is being made. These steps are essential to determining whether your warranty claim is covered and ensuring shipment of the correct replacement product or part. Products or parts returned to us without an RSO will be destroyed and no warranty claim will be honored or credit or refund provided. You may also contact in writing at Sleep Number Customer Service, 1001 Third Avenue South, Minneapolis, MN 55404.
We hope to never have a dispute with you. In the unlikely event of a dispute with respect to this warranty or its validity or enforceability or any other dispute, action or controversy between us that relates to the product you purchased or this warranty, whether in contract, warranty, tort, statute, regulation, ordinance or any other legal or equitable basis (a “Dispute”), you and we agree that such Dispute shall be resolved according to these alternative dispute resolution (“ADR”) provisions.
Trial by Jury and Class Action Waiver: By purchasing the Sleep Number product to which this warranty is attached, you understand and agree that except as provided herein, you have waived your right to have your Dispute with us resolved by either a jury or bench trial. We have waived our right to a jury or bench trial as well. You also understand and agree that you have waived your right to participate in any litigation related to your Dispute on a class basis or as a class member.
Fundamental Fairness: Sleep Number supports the proposition that all parties to a Dispute that is subject to these ADR provisions are entitled to a fundamentally fair process and hearing. Toward that end, Sleep Number intends these ADR provisions to fully support the Consumer Due Process Protocol as published by the American Arbitration Association (“AAA”). Each party shall be given adequate notice of hearings and an opportunity to be heard and to present relevant evidence.
ADR Administrator and Rules: Unless we both otherwise agree in writing, any mediation or arbitration under these ADR provisions of this warranty shall be administered by and pursuant to the non-binding mediation or binding arbitration rules of the AAA concerning consumer-related disputes in effect at the time a case is filed. Information on these rules can be found on the AAA website (www.adr.org) or by contacting the AAA at (800) 778-7879.
ADR Process: Except in the case of a Small Claim, as defined below, you agree that any and all Disputes between us shall be submitted first to non-binding mediation. If the Dispute is not resolved through mediation, you may then submit the Dispute for binding arbitration. Further information on the ADR process may found on the AAA website (www.adr.org).
Restrictions on Arbitration: Disputes shall be arbitrated on an individual basis. You have no right to or authority for any Dispute to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public or other persons or entities similarly situated. The arbitrator’s authority to resolve disputes and to make awards is limited to Disputes between you and us alone. Furthermore, disputes brought by either you or us against the other may not be joined or consolidated in arbitration with disputes brought by or against any third party unless agreed to in writing by all parties. No arbitration award or decision on any Dispute shall be given preclusive effect as to issues or claims in any dispute with anyone who is not a party to the arbitration. Should any portion of this paragraph be stricken from this warranty or deemed otherwise unenforceable, then this entire ADR section shall be stricken from this warranty.
Small Claims: If your Dispute is for damages of less than the jurisdictional limit for claims made in small claims court where you live (a “Small Claim”), you may elect to file your Small Claim on a non-class/non-consolidated/non-representative basis in such small claims court instead of submitting your Small Claim to the AAA for mediation or arbitration as required by this warranty. If your Small Claim is unsuccessful in small claims court and you wish to further pursue your Small Claim, you agree to submit Your Small Claim to the AAA as a Dispute for binding arbitration but not mediation under this warranty.
Costs and Fees Imposed by AAA: You may be required to pay a filing fee when you file your Dispute with the AAA. Generally speaking, there is no fee to file a request to mediate with the AAA. There is generally a filing fee required to file an arbitration request. You should contact the AAA to determine what the filing fee is. The AAA also charges certain administrative costs and expenses related to a mediation or arbitration. For example, the mediators or arbitrators selected by the parties will need to be paid for their time and related travel expenses (if any). Except in cases where the mediator or arbitrator determines that your Dispute is baseless, frivolous or was filed with the principal purpose of being vexatious or to annoy, we will be responsible for paying all other fees or expenses related to the mediation or arbitration as imposed by the AAA above and beyond the filing fees imposed on you by the AAA. You are responsible for paying your own attorney’s fees if you choose to be represented by an attorney.
Right to Representation: During the ADR process (either mediation or arbitration) you have the right, at your own expense, to be represented by an attorney. The choice of whether to retain an attorney and the costs and expenses of such attorney are entirely yours.
Initiating the Dispute Resolution Process: Please contact your local small claims court clerk for instructions on submitting your Small Claim to the small claims court. To submit your Dispute to mediation (initial claims) or arbitration (appeals), please contact the AAA.
Selection of Neutrals: Any mediation or arbitration filed with the AAA will be heard by an independent and neutral third party (a “Neutral”). As part of the ADR process, all parties are entitled to a Neutral who is independent and impartial. Toward that end and pursuant to the AAA rules for the selection of a Neutral, each party will be provided with a list of available Neutrals by the AAA. Each party will be entitled to strike those Neutrals the party deems unacceptable. The parties shall then rank the Neutrals remaining on their list. The AAA will select the Neutral from the names remaining on the list starting with the highest mutually ranked Neutral.
Location of Mediation or Arbitration: In the case of face-to-face proceedings, such proceedings will be conducted at a locale that is reasonably convenient to each party with due consideration of each party’s ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by the Neutral.
Nature of Hearing: In some cases, the Neutral may find it more expeditious and/or less costly to render an opinion based on written submissions only (no hearing) or based on a hearing conducted telephonically. The Neutral shall always have discretionary authority as to whether to require a face-to-face hearing at the request of either party.
Remedies and Awards: The Neutral shall be empowered to grant whatever relief would be available in court or in equity. In the case of arbitration, the decision of the Neutral and any award granted to either party shall be final and binding but subject to review in accordance with applicable statutes governing arbitration awards. In making the award, the Neutral should apply any identified, pertinent contract terms, statutes and legal precedents. The Neutral shall also provide a brief written explanation of the basis for any award at the time it is made.
Sleep Number Corporation (“Sleep Number”) warrants certain of its mattresses and/or mattress bases and frames against defects in material or workmanship under normal use and service to the original purchaser for a period of twenty–five (25) years from the date of original purchase. This particular warranty extends to all Sleep Number 360™ smart bed mattresses (our “Smart Beds”) and Sleep Number 360™ smart bed integrated bases and frames purchased after January 1, 2017. This warranty also applies to the Firmness Control™ system that controls your covered mattress. However, if your Firmness Control™ system contains a SleepIQ® module, that specific SleepIQ® module is only covered for a period of two (2) years from the original date of purchase. This warranty does not apply to the Sleep Number 360™ smart bed remote which is sold separately and is covered by a separate warranty.
During the warranty period and at our sole option, Sleep Number will repair or replace the warrantied product or part due to a defect in materials or workmanship under normal use and service provided that it is returned to us as provided herein. During the first two (2) warranty years, any covered repairs or replacement parts will be at no cost to you. Sleep Number reserves the right to substitute products or parts of comparable quality and value or, where permissible by law, to use or deliver refurbished products or parts in the repair or replacement of any product or part that does not come into contact with the outer sleeping surface of the mattress (e.g., the Firmness Control system or the air chambers) under this limited warranty. In the event that the warrantied products or parts are no longer manufactured or available and no other products or parts of comparable quality and value are available, Sleep Number reserves the right, in its sole discretion, to satisfy its obligations hereunder by offering the prorated monetary value of the warrantied product or part in the form of a one-time payment.
During the following warranty years (e.g. years 3-25), your repair or replacement cost will be calculated by multiplying our then–current prices for the product or part (or a comparable product or part if the original product or part is no longer in production) by the percentage of such cost that you are responsible for paying for such product or part as follows:
| Warranty Year | Percentage of cost of product or part you are responsible for paying under a warranty claim: |
|---|---|
| 0–2 | No cost |
| 3–20 | 20% plus 4% for each completed year from original date of purchase |
| 21–25 | 96% |
Your warranty is non–transferrable and the sale, transfer or disposal of the warrantied product or part will void this warranty. For the purposes of this warranty, an “original purchaser” is an individual who purchases the product directly from Sleep Number® or an authorized reseller for personal, household or consumer use and not with the intent to resell the product or for commercial purposes. This warranty does not apply to products purchased for commercial purposes, with the intent to resell or through unauthorized resellers including, without limitation, third–party websites such as Craigslist, eBay, Amazon or Alibaba. If you are not the original purchaser, you take the product “as is” and with any and all faults. This warranty does not apply to the purchase of any floor model products.
Your warranty excludes claims for conditions arising from normal wear and tear including but not limited to mattress cover compression, foam compression, discoloration of parts or normal body indentations. This warranty does not provide coverage for claims related to comfort preference (e.g., “The bed feels too hard/soft”). The warranty does not provide coverage and will become void if claims are a result of damage caused by tampering with or modifications to any component including but not limited to the opening of the Firmness Control system. Damage caused by using the product in any manner that is inconsistent with applicable owner’s guides, user manuals or other operational instructions or from laundering or dry–cleaning the product or any part thereof as well as damage caused by misuse or abuse including but not limited to stains, soil, burns, cuts, tears or spills or factors other than a product defect, are also excluded hereunder and will void this warranty. Lastly, this warranty does not provide coverage and will become void if damage is caused by acts of nature including but not limited to fire, flood or lightning damage or for damage caused by power surges. Changes in barometric pressure or environmental temperature can impact the feel of your Sleep Number mattress and may require you to occasionally adjust your Firmness Control™ system to return to your preferred Sleep Number® setting. This is normal, is a function of the environment and does not reflect any defect in your Sleep Number mattress or Firmness Control system. Consequently, this warranty will not cover claims caused by changes in barometric pressure.
This warranty excludes claims related to the SleepIQ module after the first two (2) years as well as access and use of SleepIQ services. This warranty also excludes any claims regarding connectivity, compatible device or communication protocol issues that are not a related to defects in materials or workmanship with the SleepIQ module during the first two warranty years. Any claims related to the SleepIQ services are governed by a separate SleepIQ® End User License Agreement. This warranty also excludes claims related to any Sleep Number 360 Smart Bed Remote Control(s) that may have been optionally purchased at any time. Any claims related to a Sleep Number 360 Smart Bed Remote Control are governed by a separate warranty applicable to such purchase.
Depending on the timing of your warranty claim, you may be responsible for the cost of returning the warrantied product or part to us. This may include the cost of returning the entire mattress, base or frame to us. Pick-up service may be available at your cost. In some cases, pick-up service at your cost may be the only option available for returning a covered product or part to us.
If your claim occurs during the first two (2) warranty years, we will incur both the cost of returning the warrantied product or part back to us as well as the cost of our shipment of any repaired or replaced product or part back to you. If your claim occurs after the first two warranty years, shipping of products or parts related to your covered warranty claim will be at your expense in both directions. This warranty does not provide coverage for the cost associated with the transportation, inspection, removal or installation of any product or parts except as provided above. The responsibility for the installation of any product or part replaced under this warranty and any related installation costs are yours regardless of whether there is any cost to you for the repaired or replaced product or part. In some instances installation services may be available at your additional cost. This limited warranty also does not include reimbursement for inconvenience, removal, set up time or loss of use.
You may be required to provide your original receipt at the time of any warranty claim.
Your Sleep Number mattress is designed to work on a firm, solid, non–spring foundation or adjustable bed base that is sufficiently strong and stable so as being capable of supporting the weight of the mattress and its occupants. Failure to use an appropriate foundation will void your warranty.
Do not remove the law label attached to your Sleep Number mattress. This label identifies your mattress as being a genuine Sleep Number mattress and may be required to establish warranty coverage.
Do not open or tamper with the Firmness Control system (including the SleepIQ module) or any remote except to change the battery.
This warranty shall not apply to any product or part found to be in an unreasonably unsanitary condition. A product is in an unreasonably unsanitary condition if it is so pervasively soiled that an inspection is unable to be conducted due to the presence of body fluids, blood borne pathogens, insects or other substances that otherwise suggest that the product has been subjected to misuse or abuse beyond ordinary wear and tear.
No new warranty is provided with any product or any component part that is repaired or replaced under this warranty. The warranty for any replacement mattress, component part, Firmness Control system or SleepIQ module runs from the date of your original purchase. Any mattress, component part or Firmness Control system (including an installed SleepIQ module, if any) that is replaced under this warranty will be required to be returned to Sleep Number at the time of replacement. If you receive replacement products or parts under this warranty but fail to return any replaced product or part to us as required, further warranty coverage will be suspended until such replaced product or part is returned.
Your warranty provides coverage for products purchased and used in the United States excluding its territories and possessions (e.g., Guam, Puerto Rico and the Virgin Islands). It is not applicable to claims for products purchased or used in any other country at any time. Transportation or use of your Sleep Number 360 Smart Bed, integrated base or frame outside the United States, including transportation or use in any U.S. territory or possession, will void this warranty.
Your exclusive remedy, in lieu of all incidental, special or consequential damages including for negligence, is limited to repair or replacement of any product or component deemed to be defective in materials or workmanship under the terms and conditions stated in this warranty.
SLeep number makes no other warranty whatsoever, express or implied. SLEEP NUMBER SHALL NOT BE LIABLE IN ANY CASE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT OR ARISING OUT OF ANY BREACH OF THIS WARRANTY EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLICABLE TO YOUR SLEEP NUMBER 360 SMART BED, INTEGRATED BASE OR FRAME BASE OR FIRMNESS CONTROL SYSTEM (INCLUDING AN INSTALLED SLEEPIQ MODULE, IF ANY) IS LIMITED IN DURATION TO TWO YEARS. EXCEPT AS OTHERWISE MAY BE REQUIRED BY LAW, THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OTHER THAN THE WARRANTY DESCRIBED HEREIN.
Sleep Number does not make any warranty and specifically disclaims any warranty that your Sleep Number mattress and/or base is suitable for your or any particular medical condition. No express or implied warranties are extended to any persons and all such warranties are hereby excluded. Sleep Number does not authorize any person or entity to create for Sleep Number any other obligation or liability in connection with this warranty.
Some states do not allow the exclusion or limitation of incidental or consequential damages or limitations on how long an implied warranty lasts so the foregoing limitations may not apply to you. This warranty gives you specific legal rights. You may also have other rights. These rights may vary from state to state.
You must contact our Customer Service department at the phone number printed on the back cover of your owner’s manual to obtain a Return Service Order (RSO) number prior to returning any products or parts to us. You may be asked to undertake certain steps to troubleshoot the product or part for which a claim is being made. These steps are essential to determining whether your warranty claim is covered and ensuring shipment of the correct replacement product or part. Products or parts returned to us without an RSO will be destroyed and no warranty claim will be honored or credit or refund provided. You may also contact us in writing at Sleep Number Customer Service, 1001 Third Avenue South, Minneapolis, MN 55404.
We hope to never have a dispute with you. In the unlikely event of a dispute with respect to this warranty or its validity or enforceability or any other dispute, action or controversy between us that relates to the product you purchased or this warranty, whether in contract, warranty, tort, statute, regulation, ordinance or any other legal or equitable basis (a “Dispute”), you and we agree that such Dispute shall be resolved according to these alternative dispute resolution (“ADR”) provisions.
Trial by Jury and Class Action Waiver: By purchasing the Sleep Number product to which this warranty is attached, you understand and agree that except as provided herein, you have waived your right to have your Dispute with us resolved by either a jury or bench trial. We have waived our right to a jury or bench trial as well. You also understand and agree that you have waived your right to participate in any litigation related to your Dispute on a class basis or as a class member.
Fundamental Fairness: Sleep Number supports the proposition that all parties to a Dispute that is subject to these ADR provisions are entitled to a fundamentally fair process and hearing. Toward that end, Sleep Number intends these ADR provisions to fully support the Consumer Due Process Protocol as published by the American Arbitration Association (“AAA”). Each party shall be given adequate notice of hearings and an opportunity to be heard and to present relevant evidence.
ADR Administrator and Rules: Unless we both otherwise agree in writing, any mediation or arbitration under these ADR provisions of this warranty shall be administered by and pursuant to the non-binding mediation or binding arbitration rules of the AAA concerning consumer-related disputes in effect at the time a case is filed. Information on these rules can be found on the AAA website (www.adr.org) or by contacting the AAA at (800) 778-7879.
ADR Process: Except in the case of a Small Claim, as defined below, you agree that any and all Disputes between us shall be submitted first to non-binding mediation. If the Dispute is not resolved through mediation, you may then submit the Dispute for binding arbitration. Further information on the ADR process may found on the AAA website (www.adr.org).
Restrictions on Arbitration: Disputes shall be arbitrated on an individual basis. You have no right to or authority for any Dispute to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public or other persons or entities similarly situated. The arbitrator’s authority to resolve disputes and to make awards is limited to Disputes between you and us alone. Furthermore, disputes brought by either you or us against the other may not be joined or consolidated in arbitration with disputes brought by or against any third party unless agreed to in writing by all parties. No arbitration award or decision on any Dispute shall be given preclusive effect as to issues or claims in any dispute with anyone who is not a party to the arbitration. Should any portion of this paragraph be stricken from this warranty or deemed otherwise unenforceable, then this entire ADR section shall be stricken from this warranty.
Small Claims: If your Dispute is for damages of less than the jurisdictional limit for claims made in small claims court where you live (a “Small Claim”), you may elect to file your Small Claim on a non-class/non-consolidated/non-representative basis in such small claims court instead of submitting your Small Claim to the AAA for mediation or arbitration as required by this warranty. If your Small Claim is unsuccessful in small claims court and you wish to further pursue your Small Claim, you agree to submit Your Small Claim to the AAA as a Dispute for binding arbitration but not mediation under this warranty.
Costs and Fees Imposed by AAA: You may be required to pay a filing fee when you file your Dispute with the AAA. Generally speaking, there is no fee to file a request to mediate with the AAA. There is generally a filing fee required to file an arbitration request. You should contact the AAA to determine what the filing fee is. The AAA also charges certain administrative costs and expenses related to a mediation or arbitration. For example, the mediators or arbitrators selected by the parties will need to be paid for their time and related travel expenses (if any). Except in cases where the mediator or arbitrator determines that your Dispute is baseless, frivolous or was filed with the principal purpose of being vexatious or to annoy, we will be responsible for paying all other fees or expenses related to the mediation or arbitration as imposed by the AAA above and beyond the filing fees imposed on you by the AAA. You are responsible for paying your own attorney’s fees if you choose to be represented by an attorney.
Right to Representation: During the ADR process (either mediation or arbitration) you have the right, at your own expense, to be represented by an attorney. The choice of whether to retain an attorney and the costs and expenses of such attorney are entirely yours.
Initiating the Dispute Resolution Process: Please contact your local small claims court clerk for instructions on submitting your Small Claim to the small claims court. To submit your Dispute to mediation (initial claims) or arbitration (appeals), please contact the AAA.
Selection of Neutrals: Any mediation or arbitration filed with the AAA will be heard by an independent and neutral third party (a “Neutral”). As part of the ADR process, all parties are entitled to a Neutral who is independent and impartial. Toward that end and pursuant to the AAA rules for the selection of a Neutral, each party will be provided with a list of available Neutrals by the AAA. Each party will be entitled to strike those Neutrals the party deems unacceptable. The parties shall then rank the Neutrals remaining on their list. The AAA will select the Neutral from the names remaining on the list starting with the highest mutually ranked Neutral.
Location of Mediation or Arbitration: In the case of face-to-face proceedings, such proceedings will be conducted at a locale that is reasonably convenient to each party with due consideration of each party’s ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by the Neutral.
Nature of Hearing: In some cases, the Neutral may find it more expeditious and/or less costly to render an opinion based on written submissions only (no hearing) or based on a hearing conducted telephonically. The Neutral shall always have discretionary authority as to whether to require a face-to-face hearing at the request of either party.
Remedies and Awards: The Neutral shall be empowered to grant whatever relief would be available in court or in equity. In the case of arbitration, the decision of the Neutral and any award granted to either party shall be final and binding but subject to review in accordance with applicable statutes governing arbitration awards. In making the award, the Neutral should apply any identified, pertinent contract terms, statutes and legal precedents. The Neutral shall also provide a brief written explanation of the basis for any award at the time it is made.
Sleep Number Corporation (“Sleep Number”) warrants to the original purchaser that your Sleep Number 360™ Smart Bed Remote Control shall be free from defects in material and workmanship for two (2) years from the date of purchase. This warranty is non-transferable and is limited to both the original purchaser and to the United States (excluding its territories or possessions). This warranty gives you specific legal rights. You may also have other rights. These rights may vary from state to state.
During the warranty period and at our sole option, Sleep Number will repair or replace your warrantied Sleep Number 360 Smart Bed Remote Control due to a covered claim provided that it is returned to us as directed by us. Remote Control returns cannot be made in our stores. During the warranty period any covered repairs or replacement product will be at no cost to you. Sleep Number may, at its sole option, replace your product, provide a functionally equivalent replacement product or repair any product with new, refurbished or used products or parts as long as such parts are in compliance with the product’s technical specifications. Any repaired or replaced product will be warrantied for the remainder of the original warranty period.
In the event that the warrantied products are no longer manufactured or available and no other products or comparable quality and value or which meet the product’s technical specifications are available, Sleep Number reserves the right, in its sole discretion, to satisfy its obligations hereunder by offering the prorated monetary value of the warrantied product in the form of a one-time payment.
Your warranty is non–transferrable and the sale, transfer or disposal of the warrantied product or part will void this warranty. For the purposes of this warranty, an “original purchaser” is an individual who purchases the product directly from Sleep Number or an authorized reseller for personal, household or consumer use and not with the intent to resell the product or for commercial purposes. This warranty does not apply to products purchased for commercial purposes, with the intent to resell or through unauthorized resellers including, without limitation, third–party websites such as Craigslist, eBay, Amazon or Alibaba. If you are not the original purchaser, you take the product “as is” and with any and all faults.
This warranty excludes claims resulting from (1) accident, abuse, misapplication or any unauthorized repair, modification or disassembly of the product; (2) improper operation or maintenance, usage not in accordance with product instructions, connection to an improper voltage/power supply or battery leakage; (3) use of consumables such as replacement batteries not supplied by Sleep Number; (4) lost parts that were originally supplied by Sleep Number with the product; or (5) normal wear and tear.
You may be required to provide your original receipt at the time of any warranty claim.
Do not open or tamper with your Sleep Number 360 Smart Bed Remote Control except to change the battery as instructed.
No new warranty is provided with any product or part that is repaired or replaced under this warranty. The warranty for any repaired or replacement remote runs from the date of your original purchase. Any remote that is replaced under this warranty will be required to be returned to Sleep Number at the time of replacement. If you receive replacement products or parts under this warranty but fail to return any replaced product or part to us as required, further warranty coverage will be suspended until such replaced product or part is returned.
Your warranty provides coverage for products purchased and used in the United States excluding its territories and possessions (e.g., Guam, Puerto Rico and the Virgin Islands). It is not applicable to claims for products purchased or used in any other country at any time. Transportation or use of your Sleep Number 360™ Smart Bed Remote Control outside the United States, including transportation or use in any U.S. territory or possession, will void this warranty.
Your exclusive remedy, in lieu of all incidental, special or consequential damages including for negligence, is limited to repair or replacement of any product or component deemed to be defective in materials or workmanship under the terms and conditions stated in this warranty.
SLeep number makes no other warranty whatsoever, express or implied. SLEEP NUMBER SHALL NOT BE LIABLE IN ANY CASE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT OR ARISING OUT OF ANY BREACH OF THIS WARRANTY EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
No express or implied warranties are extended to any persons and all such warranties are hereby excluded. Sleep Number does not authorize any person or entity to create for Sleep Number any other obligation or liability in connection with this warranty.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLICABLE TO YOUR SLEEP NUMBER 360™ SMART BED REMOTE CONTROL IS LIMITED IN DURATION TO TWO YEARS. EXCEPT AS OTHERWISE MAY BE REQUIRED BY LAW, THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OTHER THAN THE WARRANTY DESCRIBED HEREIN.
Some states do not allow the exclusion or limitation of incidental or consequential damages or limitations on how long an implied warranty lasts so the foregoing limitations may not apply to you. This warranty gives you specific legal rights. You may also have other rights. These rights may vary from state to state.
You must contact our Customer Service department at the phone number printed on the back cover of your owner’s manual to obtain a Return Service Order (RSO) number prior to returning any products or parts to us. You may be asked to undertake certain steps to troubleshoot the product or part for which a claim is being made. These steps are essential to determining whether your warranty claim is covered and ensuring shipment of the correct replacement product or part. Products or parts returned to us without an RSO will be destroyed and no warranty claim will be honored or credit or refund provided. You may also contact us in writing at Sleep Number Customer Service, 1001 Third Avenue South, Minneapolis, MN 55404.
We hope to never have a dispute with you. In the unlikely event of a dispute with respect to this warranty or its validity or enforceability or any other dispute, action or controversy between us that relates to the product you purchased or this warranty, whether in contract, warranty, tort, statute, regulation, ordinance or any other legal or equitable basis (a “Dispute”), you and we agree that such Dispute shall be resolved according to these alternative dispute resolution (“ADR”) provisions.
Trial by Jury and Class Action Waiver: By purchasing the Sleep Number product to which this warranty is attached, you understand and agree that except as provided herein, you have waived your right to have your Dispute with us resolved by either a jury or bench trial. We have waived our right to a jury or bench trial as well. You also understand and agree that you have waived your right to participate in any litigation related to your Dispute on a class basis or as a class member.
Fundamental Fairness: Sleep Number supports the proposition that all parties to a Dispute that is subject to these ADR provisions are entitled to a fundamentally fair process and hearing. Toward that end, Sleep Number intends these ADR provisions to fully support the Consumer Due Process Protocol as published by the American Arbitration Association (“AAA”). Each party shall be given adequate notice of hearings and an opportunity to be heard and to present relevant evidence.
ADR Administrator and Rules: Unless we both otherwise agree in writing, any mediation or arbitration under these ADR provisions of this warranty shall be administered by and pursuant to the non-binding mediation or binding arbitration rules of the AAA concerning consumer-related disputes in effect at the time a case is filed. Information on these rules can be found on the AAA website (www.adr.org) or by contacting the AAA at (800) 778-7879.
ADR Process: Except in the case of a Small Claim, as defined below, you agree that any and all Disputes between us shall be submitted first to non-binding mediation. If the Dispute is not resolved through mediation, you may then submit the Dispute for binding arbitration. Further information on the ADR process may found on the AAA website (www.adr.org).
Restrictions on Arbitration: Disputes shall be arbitrated on an individual basis. You have no right to or authority for any Dispute to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public or other persons or entities similarly situated. The arbitrator’s authority to resolve disputes and to make awards is limited to Disputes between you and us alone. Furthermore, disputes brought by either you or us against the other may not be joined or consolidated in arbitration with disputes brought by or against any third party unless agreed to in writing by all parties. No arbitration award or decision on any Dispute shall be given preclusive effect as to issues or claims in any dispute with anyone who is not a party to the arbitration. Should any portion of this paragraph be stricken from this warranty or deemed otherwise unenforceable, then this entire ADR section shall be stricken from this warranty.
Small Claims: If your Dispute is for damages of less than the jurisdictional limit for claims made in small claims court where you live (a “Small Claim”), you may elect to file your Small Claim on a non-class/non-consolidated/non-representative basis in such small claims court instead of submitting your Small Claim to the AAA for mediation or arbitration as required by this warranty. If your Small Claim is unsuccessful in small claims court and you wish to further pursue your Small Claim, you agree to submit Your Small Claim to the AAA as a Dispute for binding arbitration but not mediation under this warranty.
Costs and Fees Imposed by AAA: You may be required to pay a filing fee when you file your Dispute with the AAA. Generally speaking, there is no fee to file a request to mediate with the AAA. There is generally a filing fee required to file an arbitration request. You should contact the AAA to determine what the filing fee is. The AAA also charges certain administrative costs and expenses related to a mediation or arbitration. For example, the mediators or arbitrators selected by the parties will need to be paid for their time and related travel expenses (if any). Except in cases where the mediator or arbitrator determines that your Dispute is baseless, frivolous or was filed with the principal purpose of being vexatious or to annoy, we will be responsible for paying all other fees or expenses related to the mediation or arbitration as imposed by the AAA above and beyond the filing fees imposed on you by the AAA. You are responsible for paying your own attorney’s fees if you choose to be represented by an attorney.
Right to Representation: During the ADR process (either mediation or arbitration) you have the right, at your own expense, to be represented by an attorney. The choice of whether to retain an attorney and the costs and expenses of such attorney are entirely yours.
Initiating the Dispute Resolution Process: Please contact your local small claims court clerk for instructions on submitting your Small Claim to the small claims court. To submit your Dispute to mediation (initial claims) or arbitration (appeals), please contact the AAA.
Selection of Neutrals: Any mediation or arbitration filed with the AAA will be heard by an independent and neutral third party (a “Neutral”). As part of the ADR process, all parties are entitled to a Neutral who is independent and impartial. Toward that end and pursuant to the AAA rules for the selection of a Neutral, each party will be provided with a list of available Neutrals by the AAA. Each party will be entitled to strike those Neutrals the party deems unacceptable. The parties shall then rank the Neutrals remaining on their list. The AAA will select the Neutral from the names remaining on the list starting with the highest mutually ranked Neutral.
Location of Mediation or Arbitration: In the case of face-to-face proceedings, such proceedings will be conducted at a locale that is reasonably convenient to each party with due consideration of each party’s ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by the Neutral.
Nature of Hearing: In some cases, the Neutral may find it more expeditious and/or less costly to render an opinion based on written submissions only (no hearing) or based on a hearing conducted telephonically. The Neutral shall always have discretionary authority as to whether to require a face-to-face hearing at the request of either party.
Remedies and Awards: The Neutral shall be empowered to grant whatever relief would be available in court or in equity. In the case of arbitration, the decision of the Neutral and any award granted to either party shall be final and binding but subject to review in accordance with applicable statutes governing arbitration awards. In making the award, the Neutral should apply any identified, pertinent contract terms, statutes and legal precedents. The Neutral shall also provide a brief written explanation of the basis for any award at the time it is made.
Sleep Number Corporation (“Sleep Number”) warrants certain of its mattresses and/or mattress bases against defects in material or workmanship under normal use and service to the original purchaser for a period of two (2) years from the date of original purchase. This particular 2 year limited warranty extends to Sleep Number it™ beds and it™ bed bases as well as to the ActiveComfort™ technology module that controls your it™ bed.
During the warranty period, Sleep Number will repair or replace, at its sole option, the warrantied product or part due to a defect in materials or workmanship under normal use and service provided that it is returned to us as provided herein. Any covered repairs or replacement parts will be at no cost to you. Sleep Number reserves the right to substitute products or parts of comparable quality and value or, where permissible by law, to use or deliver refurbished products or parts in the repair or replacement of any product or part that does not come into contact with the outer sleeping surface of the it™ bed (e.g., the ActiveComfort technology module or the air chambers) under this limited warranty.
Your warranty is non–transferrable and the sale, transfer or disposal of the warrantied product or part will void this warranty. For the purposes of this warranty, an “original purchaser” is an individual who purchases the product directly from Sleep Number or an authorized reseller for personal, household or consumer use and not with the intent to resell the product or for commercial purposes. This warranty does not apply to products purchased for commercial purposes, with the intent to resell or through unauthorized resellers including, without limitation, third–party websites such as Craigslist, eBay, Amazon or Alibaba. If you are not the original purchaser, you take the product “as is” and with any and all faults. This warranty does not apply to any floor model it™ beds or it™ bed bases.
Your warranty excludes claims for conditions arising from normal wear and tear including but not limited to mattress cover compression, foam compression, discoloration of parts or normal body indentations. This warranty does not provide coverage for claims related to comfort preference (e.g., “The bed feels too hard/soft”). The warranty does not provide coverage and will become void if claims are a result of damage caused by tampering with or modifications to any component including but not limited to the opening of the ActiveComfort technology module. Damage caused by using the product in any manner that is inconsistent with applicable owner’s guides, user manuals or other operational instructions or from laundering or dry–cleaning the product or any part thereof as well as damage caused by misuse or abuse including but not limited to stains, soil, burns, cuts, tears or spills or factors other than a product defect, are also excluded hereunder and will void this warranty. Lastly, this warranty does not provide coverage and will become void if damage is caused by acts of nature including but not limited to fire, flood or lightning damage or for damage caused by power surges. Changes in barometric pressure or environmental temperature can impact the feel of your it™ bed and may require you to occasionally adjust your ActiveComfort technology module to return to your preferred Sleep Number® setting. This is normal, is a function of the environment and does not reflect any defect in your it™ bed or ActiveComfort technology module. Consequently, this warranty will not cover claims caused by changes in barometric pressure.
This warranty also excludes claims related to the access and use of the SleepIQ® services. The SleepIQ services are governed by a separate End User License Agreement. This warranty also excludes any claims regarding connectivity, compatible device or communication protocol issues that are not a related to defects in materials or workmanship with the ActiveComfort technology module which controls your bed.
In connection with your warranty claim, you are responsible for returning the warrantied product or part to us. We will incur both the cost of shipping the warrantied product or part back to us as well as the cost of our shipment of any repaired or replaced product or part back to you. In either case, you remain responsible for bringing your authorized return to your nearest UPS facility or drop–off location. This warranty does not provide coverage for the cost associated with the transportation, inspection, removal or installation of any product or parts except as provided above. The responsibility for the installation of any product or part replaced under this warranty and any related installation costs are yours regardless of whether there is any cost to you for the repaired or replaced product or part. This limited warranty also does not include reimbursement for inconvenience, removal, set up time or loss of use.
Keep your original receipt.
You may be required to provide your original receipt at the time of any warranty claim.
Use an appropriate foundation.
Your it™ bed is designed to work on a firm, solid, non–spring foundation or
adjustable
bed base that
is sufficiently strong and stable so as being capable of supporting the weight of the mattress
and its
occupants. Failure to use an appropriate foundation will void your warranty.
Do not remove the law label.
Do not remove the law label attached to it™ bed. This label identifies your mattress
as
being a
genuine it™ bed and may be required to establish warranty coverage.
Do not open the ActiveComfort technology module.
Do not open or tamper with the ActiveComfort technology module.
Keep the mattress and/or base in a sanitary condition.
This warranty shall not apply to any product or part found to be in an unreasonably unsanitary
condition. A product is in an unreasonably unsanitary condition if it is so pervasively soiled
that an
inspection is unable to be conducted due to the presence of body fluids, blood borne pathogens,
insects or other substances that otherwise suggest that the product has been subjected to
misuse or
abuse beyond ordinary wear and tear.
No new warranty is provided with any mattress or any component part that is repaired or replaced under this warranty. The warranty for any replacement mattress, component part or ActiveComfort technology module runs from the date of your original purchase. Any mattress, component part or ActiveComfort technology module that is replaced under this warranty will be required to be returned to Sleep Number at the time of replacement. If you receive replacement products or parts under this warranty but fail to return any replaced product or part to us as required, further warranty coverage will be suspended until such replaced product or part is returned.
Your warranty provides coverage for products purchased and used in the United States excluding its territories and possessions (e.g., Guam, Puerto Rico and the Virgin Islands). It is not applicable to claims for products purchased or used in any other country at any time. Transportation or use of your Sleep Number it™ bed outside the United States, including transportation or use in any US territory or possession, will void this warranty.
Your exclusive remedy, in lieu of all incidental, special or consequential damages including for negligence, is limited to repair or replacement of any product or component deemed to be defective in materials or workmanship under the terms and conditions stated in this warranty.
Sleep NUmber makes no other warranty whatsoever, express or implied. SLEEP NUMBER SHALL NOT BE LIABLE IN ANY CASE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT OR ARISING OUT OF ANY BREACH OF THIS WARRANTY EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLICABLE TO YOUR SLEEP NUMBER® MATTRESS AND/OR BASE OR ActiveComfort™ technology module (INCLUDING AN INSTALLED SLEEPIQ® MODULE, IF ANY) IS LIMITED IN DURATION TO TWO YEARS. EXCEPT AS OTHERWISE MAY BE REQUIRED BY LAW, THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OTHER THAN THE WARRANTY DESCRIBED HEREIN.
Sleep Number does not make any warranty and specifically disclaims any warranty that your it™ bed and/or base is suitable for your or any particular medical condition. No express or implied warranties are extended to any persons and all such warranties are hereby excluded. Sleep Number does not authorize any person or entity to create for Sleep Number any other obligation or liability in connection with this warranty.
Some states do not allow the exclusion or limitation of incidental or consequential damages or limitations on how long an implied warranty lasts so the foregoing limitations may not apply to you. This warranty gives you specific legal rights. You may also have other rights. These rights may vary from state to state.
You must contact our Customer Service department at the phone number printed on the back cover of your owner’s manual to obtain a Return Service Order (RSO) number prior to returning any products or parts to us. You may be asked to undertake certain steps to troubleshoot the product or part for which a claim is being made. These steps are essential to determining whether your warranty claim is covered and ensuring shipment of the correct replacement product or part. Products or parts returned to us without an RSO will be destroyed and no warranty claim will be honored or credit or refund provided. You may also contact us in writing at Sleep Number Customer Service, 1001 Third Avenue South, Minneapolis, MN 55404.
We hope to never have a dispute with you. In the unlikely event of a dispute with respect to this warranty or its validity or enforceability or any other dispute, action or controversy between us that relates to the product you purchased or this warranty, whether in contract, warranty, tort, statute, regulation, ordinance or any other legal or equitable basis (a “Dispute”), you and we agree that such Dispute shall be resolved according to these alternative dispute resolution (“ADR”) provisions.
Trial by Jury and Class Action Waiver: By purchasing the Sleep Number product to which this warranty is attached, you understand and agree that except as provided herein, you have waived your right to have your Dispute with us resolved by either a jury or bench trial. We have waived our right to a jury or bench trial as well. You also understand and agree that you have waived your right to participate in any litigation related to your Dispute on a class basis or as a class member.
Fundamental Fairness: Sleep Number supports the proposition that all parties to a Dispute that is subject to these ADR provisions are entitled to a fundamentally fair process and hearing. Toward that end, Sleep Number intends these ADR provisions to fully support the Consumer Due Process Protocol as published by the American Arbitration Association (“AAA”). Each party shall be given adequate notice of hearings and an opportunity to be heard and to present relevant evidence.
ADR Administrator and Rules: Unless we both otherwise agree in writing, any mediation or arbitration under these ADR provisions of this warranty shall be administered by and pursuant to the non-binding mediation or binding arbitration rules of the AAA concerning consumer-related disputes in effect at the time a case is filed. Information on these rules can be found on the AAA website (www.adr.org) or by contacting the AAA at (800) 778-7879.
ADR Process: Except in the case of a Small Claim, as defined below, you agree that any and all Disputes between us shall be submitted first to non-binding mediation. If the Dispute is not resolved through mediation, you may then submit the Dispute for binding arbitration. Further information on the ADR process may found on the AAA website (www.adr.org).
Restrictions on Arbitration: Disputes shall be arbitrated on an individual basis. You have no right to or authority for any Dispute to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public or other persons or entities similarly situated. The arbitrator’s authority to resolve disputes and to make awards is limited to Disputes between you and us alone. Furthermore, disputes brought by either you or us against the other may not be joined or consolidated in arbitration with disputes brought by or against any third party unless agreed to in writing by all parties. No arbitration award or decision on any Dispute shall be given preclusive effect as to issues or claims in any dispute with anyone who is not a party to the arbitration. Should any portion of this paragraph be stricken from this warranty or deemed otherwise unenforceable, then this entire ADR section shall be stricken from this warranty.
Small Claims: If your Dispute is for damages of less than the jurisdictional limit for claims made in small claims court where you live (a “Small Claim”), you may elect to file your Small Claim on a non-class/non-consolidated/non-representative basis in such small claims court instead of submitting your Small Claim to the AAA for mediation or arbitration as required by this warranty. If your Small Claim is unsuccessful in small claims court and you wish to further pursue your Small Claim, you agree to submit Your Small Claim to the AAA as a Dispute for binding arbitration but not mediation under this warranty.
Costs and Fees Imposed by AAA: You may be required to pay a filing fee when you file your Dispute with the AAA. Generally speaking, there is no fee to file a request to mediate with the AAA. There is generally a filing fee required to file an arbitration request. You should contact the AAA to determine what the filing fee is. The AAA also charges certain administrative costs and expenses related to a mediation or arbitration. For example, the mediators or arbitrators selected by the parties will need to be paid for their time and related travel expenses (if any). Except in cases where the mediator or arbitrator determines that your Dispute is baseless, frivolous or was filed with the principal purpose of being vexatious or to annoy, we will be responsible for paying all other fees or expenses related to the mediation or arbitration as imposed by the AAA above and beyond the filing fees imposed on you by the AAA. You are responsible for paying your own attorney’s fees if you choose to be represented by an attorney.
Right to Representation: During the ADR process (either mediation or arbitration) you have the right, at your own expense, to be represented by an attorney. The choice of whether to retain an attorney and the costs and expenses of such attorney are entirely yours.
Initiating the Dispute Resolution Process: Please contact your local small claims court clerk for instructions on submitting your Small Claim to the small claims court. To submit your Dispute to mediation (initial claims) or arbitration (appeals), please contact the AAA.
Selection of Neutrals: Any mediation or arbitration filed with the AAA will be heard by an independent and neutral third party (a “Neutral”). As part of the ADR process, all parties are entitled to a Neutral who is independent and impartial. Toward that end and pursuant to the AAA rules for the selection of a Neutral, each party will be provided with a list of available Neutrals by the AAA. Each party will be entitled to strike those Neutrals the party deems unacceptable. The parties shall then rank the Neutrals remaining on their list. The AAA will select the Neutral from the names remaining on the list starting with the highest mutually ranked Neutral.
Location of Mediation or Arbitration: In the case of face-to-face proceedings, such proceedings will be conducted at a locale that is reasonably convenient to each party with due consideration of each party’s ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by the Neutral.
Nature of Hearing: In some cases, the Neutral may find it more expeditious and/or less costly to render an opinion based on written submissions only (no hearing) or based on a hearing conducted telephonically. The Neutral shall always have discretionary authority as to whether to require a face-to-face hearing at the request of either party.
Remedies and Awards: The Neutral shall be empowered to grant whatever relief would be available in court or in equity. In the case of arbitration, the decision of the Neutral and any award granted to either party shall be final and binding but subject to review in accordance with applicable statutes governing arbitration awards. In making the award, the Neutral should apply any identified, pertinent contract terms, statutes and legal precedents. The Neutral shall also provide a brief written explanation of the basis for any award at the time it is made.
Sleep Number Corporation (“Sleep Number”) warrants certain of its products against defects in materials or workmanship under normal use and service to the original purchaser for a period of three (3) years from the date of original purchase. This particular warranty extends to Sleep Number® DualTemp™ layers purchased after May 1, 2017.
During the warranty period and at our sole option, Sleep Number will repair or replace the warrantied product or part due to a defect in materials or workmanship under normal use and service provided that it is returned to us as provided herein. Any covered repairs or replacement parts will be at no cost to you. Sleep Number reserves the right to substitute products or parts of comparable quality and value or, where permissible by law, to use or deliver refurbished products or parts in the repair or replacement of any product or part that does not come into contact with the outer sleeping surface of the layer under this limited warranty. In the event that the warrantied products or parts are no longer manufactured or available and no other products or parts of comparable quality and value are available, Sleep Number reserves the right, in its sole discretion, to satisfy its obligations hereunder by offering the prorated monetary value of the warrantied product or part in the form of a one-time payment.
Your warranty is non-transferrable and the sale, transfer or disposal of the warrantied product or part will void this warranty. For the purposes of this warranty, an “original purchaser” is an individual who purchases the product directly from Sleep Number or an authorized reseller for personal, household or consumer use and not with the intent to resell the product or for commercial purposes. This warranty does not apply to products purchased for commercial purposes, with the intent to resell or through unauthorized resellers including, without limitation, third-party websites such as Craigslist, eBay, Amazon or Alibaba. If you are not the original purchaser, you take the product “as is” and with any and all faults. This warranty does not apply to the purchase of any floor model products.
Your warranty excludes claims for conditions arising from normal wear and tear including but not limited to cover compression, foam compression, discoloration of parts or normal body indentations. This warranty does not provide coverage for claims related to comfort preference. (e.g. “it feels to hard/soft”). The warranty does not provide coverage and will become void if claims are a result of damage caused by tampering with or modifications to any component including but not limited to the opening of the heating and cooling source or remote control. Damage caused by using the product in any manner that is inconsistent with applicable owner’s guides, user manuals or other operational instructions or from laundering or dry-cleaning the product or any part thereof as well as damage caused by misuse or abuse including but not limited to stains, soil, burns, cuts, tears or spills or factors other than a product defect are also excluded hereunder and will void this warranty. Lastly, this warranty does not provide coverage and will become void if damage is caused by acts of nature or relating to forces outside of Select Comfort’s control including but not limited to fire, flood or lightning damage or for damage caused by power surges.
In connection with your warranty claim, you are responsible for returning the warrantied product or part to us. Shipping of products or parts related to your warranty claim will be at your expense in both directions. In either case, you remain responsible for bringing your authorized return to your nearest UPS facility or drop-off location. This warranty does not provide coverage for the cost associated with the transportation, inspection, removal or installation of any product or parts except as provided above. The responsibility for the installation of any product or part replaced under this warranty and any related installation costs are yours regardless of whether there is any cost to you for the repaired or replaced product or part. In some instances installation services may be available at your additional cost. This limited warranty also does not include reimbursement for inconvenience, removal, set up time or loss of use.
Keep your original receipt.
You may be required to provide your original receipt at the time of any warranty claim.
Do not remove the law label.
Do not remove the law label attached to your DualTemp layer. This label identifies your product
as being a
genuine Sleep Number® product and may be required to establish warranty coverage.
Do not open the heating/cooling source or remote.
Do not open or tamper with the heating/cooling source connected to your DualTemp layer or any
remote
control except to change the battery.
Keep the DualTemp layer in a sanitary condition.
This warranty shall not apply to any product or part found to be in an unreasonably unsanitary
condition. A product is in an unreasonably unsanitary condition if it is so pervasively soiled
that an
inspection is unable to be conducted due to the presence of body fluids, blood borne pathogens,
insects or other substances that otherwise suggest that the product has been subjected to
misuse or
abuse beyond ordinary wear and tear.
No new warranty is provided with any DualTemp layer or any component part that is repaired or replaced under this warranty. The warranty on any replacement layer or component part runs from the date of your original purchase. Any layer or component part that is replaced under this warranty will be required to be returned to Sleep Number at the time of replacement. If you receive replacement products or parts under this warranty but fail to return any replaced product or part to us as required, further warranty coverage will be suspended until such replaced product or part is returned.
Your warranty provides coverage for products purchased and used in the United States excluding its territories and possessions (e.g. Guam, Puerto Rico and the Virgin Islands). It is not applicable to claims for products purchased or used in any other country at any time. Transportation or use of your Sleep Number DualTemp layer outside the United States, including transportation or use in any U.S. territory or possession, will void this warranty.
Your exclusive remedy, in lieu of all incidental, special or consequential damages, including for negligence, is limited to repair or replacement of any product or component deemed to be defective in materials or workmanship under the terms and conditions stated in this warranty.
SLEEP NUMBER MAKES NO OTHER WARRANTY WHATSOEVER, EXPRESS OR IMPLIED. SLEEP NUMBER SHALL NOT BE LIABLE IN ANY CASE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT OR ARISING OUT OF ANY BREACH OF THIS WARRANTY EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLICABLE TO YOUR SLEEP NUMBER DUALTEMP LAYER IS LIMITED IN DURATION TO THREE YEARS. EXCEPT AS OTHERWISE MAY BE REQUIRED BY LAW, THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OTHER THAN THE WARRANTY DESCRIBED HEREIN.
Sleep Number does not make any warranty and specifically disclaims any warranty that your Sleep Number DualTemp layer is suitable for your or any particular medical condition. No express or implied warranties are extended to any person and all such warranties are hereby excluded. Sleep Number does not authorize any person or entity to create for Sleep Number any other obligation or liability in connection with this warranty.
Some states do not allow the exclusion or limitation of incidental or consequential damages or limitations on how long an implied warranty lasts so the foregoing limitations may not apply to you. This warranty gives you specific legal rights. You may also have other rights. These rights may vary from state to state.
You must contact our Customer Service department at the phone number printed on the back cover of your owner’s manual to obtain a Return Service Order (RSO) number prior to returning any products or parts to us. You may be asked to undertake certain steps to troubleshoot the product or part for which a claim is being made. These steps are essential to determining whether your warranty claim is covered and ensuring shipment of the correct replacement product or part. Products or parts returned to us without an RSO will be destroyed and no warranty claim will be honored or credit or refund provided. You may also contact us in writing to: Sleep Number Customer Service, 1001 Third Avenue South, Minneapolis, MN 55404.
We hope to never have a dispute with you. In the unlikely event of a dispute with respect to this warranty or its validity or enforceability or any other dispute, action or controversy between us that relates to the product you purchased or this warranty, whether in contract, warranty, tort, statute, regulation, ordinance or any other legal or equitable basis (a “Dispute”), you and we agree that such Dispute shall be resolved according to these alternative dispute resolution (“ADR”) provisions.
Trial by Jury and Class Action Waiver: By purchasing the Sleep Number product to which this warranty is attached, you understand and agree that except as provided herein, you have waived your right to have your Dispute with us resolved by either a jury or bench trial. We have waived our right to a jury or bench trial as well. You also understand and agree that you have waived your right to participate in any litigation related to your Dispute on a class basis or as a class member.
Fundamental Fairness: Sleep Number supports the proposition that all parties to a Dispute that is subject to these ADR provisions are entitled to a fundamentally fair process and hearing. Toward that end, Sleep Number intends these ADR provisions to fully support the Consumer Due Process Protocol as published by the American Arbitration Association (“AAA”). Each party shall be given adequate notice of hearings and an opportunity to be heard and to present relevant evidence.
ADR Administrator and Rules: Unless we both otherwise agree in writing, any mediation or arbitration under these ADR provisions of this warranty shall be administered by and pursuant to the non-binding mediation or binding arbitration rules of the AAA concerning consumer-related disputes in effect at the time a case is filed. Information on these rules can be found on the AAA website (www.adr.org) or by contacting the AAA at (800) 778-7879.
ADR Process: Except in the case of a Small Claim, as defined below, you agree that any and all Disputes between us shall be submitted first to non-binding mediation. If the Dispute is not resolved through mediation, you may then submit the Dispute for binding arbitration. Further information on the ADR process may found on the AAA website (www.adr.org).
Restrictions on Arbitration: Disputes shall be arbitrated on an individual basis. You have no right to or authority for any Dispute to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public or other persons or entities similarly situated. The arbitrator’s authority to resolve disputes and to make awards is limited to Disputes between you and us alone. Furthermore, disputes brought by either you or us against the other may not be joined or consolidated in arbitration with disputes brought by or against any third party unless agreed to in writing by all parties. No arbitration award or decision on any Dispute shall be given preclusive effect as to issues or claims in any dispute with anyone who is not a party to the arbitration. Should any portion of this paragraph be stricken from this warranty or deemed otherwise unenforceable, then this entire ADR section shall be stricken from this warranty.
Small Claims: If your Dispute is for damages of less than the jurisdictional limit for claims made in small claims court where you live (a “Small Claim”), you may elect to file your Small Claim on a non-class/non-consolidated/non-representative basis in such small claims court instead of submitting your Small Claim to the AAA for mediation or arbitration as required by this warranty. If your Small Claim is unsuccessful in small claims court and you wish to further pursue your Small Claim, you agree to submit Your Small Claim to the AAA as a Dispute for binding arbitration but not mediation under this warranty.
Costs and Fees Imposed by AAA: You may be required to pay a filing fee when you file your Dispute with the AAA. Generally speaking, there is no fee to file a request to mediate with the AAA. There is generally a filing fee required to file an arbitration request. You should contact the AAA to determine what the filing fee is. The AAA also charges certain administrative costs and expenses related to a mediation or arbitration. For example, the mediators or arbitrators selected by the parties will need to be paid for their time and related travel expenses (if any). Except in cases where the mediator or arbitrator determines that your Dispute is baseless, frivolous or was filed with the principal purpose of being vexatious or to annoy, we will be responsible for paying all other fees or expenses related to the mediation or arbitration as imposed by the AAA above and beyond the filing fees imposed on you by the AAA. You are responsible for paying your own attorney’s fees if you choose to be represented by an attorney.
Right to Representation: During the ADR process (either mediation or arbitration) you have the right, at your own expense, to be represented by an attorney. The choice of whether to retain an attorney and the costs and expenses of such attorney are entirely yours.
Initiating the Dispute Resolution Process: Please contact your local small claims court clerk for instructions on submitting your Small Claim to the small claims court. To submit your Dispute to mediation (initial claims) or arbitration (appeals), please contact the AAA.
Selection of Neutrals: Any mediation or arbitration filed with the AAA will be heard by an independent and neutral third party (a “Neutral”). As part of the ADR process, all parties are entitled to a Neutral who is independent and impartial. Toward that end and pursuant to the AAA rules for the selection of a Neutral, each party will be provided with a list of available Neutrals by the AAA. Each party will be entitled to strike those Neutrals the party deems unacceptable. The parties shall then rank the Neutrals remaining on their list. The AAA will select the Neutral from the names remaining on the list starting with the highest mutually ranked Neutral.
Location of Mediation or Arbitration: In the case of face-to-face proceedings, such proceedings will be conducted at a locale that is reasonably convenient to each party with due consideration of each party’s ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by the Neutral.
Nature of Hearing: In some cases, the Neutral may find it more expeditious and/or less costly to render an opinion based on written submissions only (no hearing) or based on a hearing conducted telephonically. The Neutral shall always have discretionary authority as to whether to require a face-to-face hearing at the request of either party.
Remedies and Awards: The Neutral shall be empowered to grant whatever relief would be available in court or in equity. In the case of arbitration, the decision of the Neutral and any award granted to either party shall be final and binding but subject to review in accordance with applicable statutes governing arbitration awards. In making the award, the Neutral should apply any identified, pertinent contract terms, statutes and legal precedents. The Neutral shall also provide a brief written explanation of the basis for any award at the time it is made.
10 YEAR STAIN PROTECTION LIMITED WARRANTY
Ten Year Stain Protection Limited Warranty on a Sleep Number®
Total Protection Mattress Pad
Ten Year Stain Protection Limited Warranty on a new Sleep
Number® mattress, excluding the foundation,
when a Sleep Number® Total Protection Mattress Pad is purchased on the same day and
the pad
is on the
mattress at the time of spillage
Ten (10) years from the date of purchase of Sleep Number® Total Protection Mattress Pad and Sleep Number® Mattress
Sleep Number® Total Protection Mattress Pad
Sleep Number® Mattress
Sleep Number® Mattress
Sleep Number Corporation (“Sleep Number”) warrants certain of its Bedding Collection products against defects in material or workmanship under normal use and service to the original purchaser for a certain period of time from the date of original purchase. The length of this limited warranty varies depending on the product purchased. The warranty periods are as follows:
| Category | Product | Limited Warranty Period | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| PILLOWS | All Sleep Number® Pillows | 5 years | ||||||||||
| SHEETS |
|
|
||||||||||
| MATTRESS PADS/LAYERS |
|
|
||||||||||
| BLANKETS |
|
|
||||||||||
| COMFORTERS | All Sleep Number® comforters | 10 years | ||||||||||
| OTHER |
|
|
There is no warranty coverage provided for items not specifically listed above as having a limited warranty coverage period.
If, during the limited warranty period, the product is found to be defective because of defects in material or workmanship, it will be replaced without charge. Sleep Number reserves the right to substitute products of comparable quality and value. In the event that the warrantied product is no longer manufactured or available and no other products of comparable quality and value are available, Sleep Number reserves the right, in its sole discretion, to satisfy its obligations hereunder by offering the prorated monetary value of the warrantied product in the form of a one-time payment. Replacement products may differ visually from the original warrantied product.
This warranty is non-transferrable and the sale, transfer or disposal of the warrantied product will void this warranty. For the purposes of this warranty, an “original purchaser” is an individual who purchases the product directly from Sleep Number or an authorized reseller for personal, household or consumer use and not with the intent to resell the product or for commercial purposes. This warranty does not apply to products purchased either with the intent to resell or through unauthorized reseller including, without limitation, third-party websites such as Craigslist, eBay, Amazon or Alibaba.
This warranty excludes claims for conditions arising from normal wear and tear, including but not limited to foam or fill compression, discoloration, rips or tears.
Use of products containing filling materials diminishes the loft of the filling materials and constitutes normal wear and tear. This warranty does not provide coverage for claims related to comfort preference (e.g. too hard/soft). This warranty does not provide coverage and will become void if claims are a result of damage caused by use of the product in any manner that is inconsistent with applicable owner’s guides, user manuals or other operational instructions or from laundering or handling the product in a matter that is inconsistent with care labels. This warranty also excludes claims for damage caused by misuse or abuse including but not limited to stains, soil, burns, cuts, tears or spills or factors other than a product defect.
In connection with your warranty claim, you are responsible for returning the warrantied product to us. We will incur the cost of shipping a replacement product to you. This warranty does not provide coverage for the cost associated with the transportation, inspection, removal or installation of any product except as provided herein. This limited warranty also does not include any reimbursement for inconvenience, removal or loss of use.
Keep your original receipt.
You may be required to
provide
your original receipt at the time of any warranty claim.
Do not remove the law label.
Do not remove any law labels
attached to your product. This label identifies your product as being a genuine Sleep
Number® product and may be required to establish warranty coverage.
Keep the product in a sanitary condition.
This warranty
shall
not apply to any product found to be in an unreasonably unsanitary condition. A product is in
an
unreasonably unsanitary condition if it is so pervasively soiled that an inspection is unable
to be
conducted due to the presence of body fluids, blood borne pathogens, insects or other
substances that
otherwise suggest that the product has been subjected to misuse or abuse beyond ordinary wear
and
tear.
No new warranty is provided with any product that is replaced under this warranty. The warranty for any replacement product runs from the date of original purchase. Any product replaced under this warranty will be required to be returned to Sleep Number at the time of replacement. If you receive a replacement product under this warranty but fail to return any replaced product to us as required, further warranty coverage will be suspended until such replaced product is returned.
Your warranty provides coverage for products purchased and used in the United States excluding its territories and possessions (e.g., Guam, Puerto Rico and the Virgin Islands). It is not applicable to claims for products purchased or used in any other country at any time.
Your exclusive remedy, in lieu of all incidental, special or consequential damages including for negligence, is limited to replacement of any product deemed to be defective in materials or workmanship under the terms and conditions stated in this warranty.
SLEEP NUMBER MAKES NO OTHER WARRANTY WHATSOEVER, EXPRESS OR IMPLIED. SLEEP NUMBER SHALL NOT BE LIABLE IN ANY CASE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT OR ARISING OUT OF ANY BREACH OF THIS WARRANTY EVEN IF IT HAS BEEN ADVISED ON THE POSSIBILITY OF SUCH DAMAGES
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLICABLE TO YOUR SLEEP NUMBER® PRODUCT IS LIMITED IN DURATION TO TWO YEARS FROM THE DATE OF PURCHASE. EXCEPT AS OTHERWISE MAY BE REQUIRED BY LAW, THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OTHER THAN THE WARRANTY DESCRIBED HEREIN.
Sleep Number makes no warranty and specifically disclaims any warranty that your Sleep Number product is suitable for your or any particular medical condition. No express or implied warranties are extended to any persons and all such warranties are hereby excluded. Sleep Number does not authorize any person or entity to create for Sleep Number any other obligation or liability in connection with this warranty.
Some states do not allow the exclusion or limitation of incidental or consequential damages or limitations on how long an implied warranty lasts so the foregoing limitations may not apply to you. This warranty gives you specific legal rights. You may also have other rights. These rights may vary from state to state.
You must contact our Customer Service department at (800) 472-7185 to obtain a Return Service Order (RSO) number prior to returning any product to us. Warranty related returns may not be returned to our stores. You may be asked to undertake certain steps to troubleshoot the product for which a claim is being made. These steps are essential to determining whether your warranty claim is covered and ensuring shipment of the correct replacement product. Products returned to us without an RSO will be destroyed and no warranty claim will be honored or credit or refund provided. You may also contact us in writing to Sleep Number Customer Service, 1001 Third Avenue South, Minneapolis, MN 55404.
We hope to never have a dispute with you. In the unlikely event of a dispute with respect to this warranty or its validity or enforceability or any other dispute, action or controversy between us that relates to the product you purchased or this warranty, whether in contract, warranty, tort, statute, regulation, ordinance or any other legal or equitable basis (a “Dispute”), you and we agree that such Dispute shall be resolved according to these alternative dispute resolution (“ADR”) provisions.
Trial by Jury and Class Action Waiver: By purchasing the Sleep Number product to which this warranty is attached, you understand and agree that except as provided herein, you have waived your right to have your Dispute with us resolved by either a jury or bench trial. We have waived our right to a jury or bench trial as well. You also understand and agree that you have waived your right to participate in any litigation related to your Dispute on a class basis or as a class member.
Fundamental Fairness: Sleep Number supports the proposition that all parties to a Dispute that is subject to these ADR provisions are entitled to a fundamentally fair process and hearing. Toward that end, Sleep Number intends these ADR provisions to fully support the Consumer Due Process Protocol as published by the American Arbitration Association (“AAA”). Each party shall be given adequate notice of hearings and an opportunity to be heard and to present relevant evidence.
ADR Administrator and Rules: Unless we both otherwise agree in writing, any mediation or arbitration under these ADR provisions of this warranty shall be administered by and pursuant to the non-binding mediation or binding arbitration rules of the AAA concerning consumer-related disputes in effect at the time a case is filed. Information on these rules can be found on the AAA website (www.adr.org) or by contacting the AAA at (800) 778-7879.
ADR Process: Except in the case of a Small Claim, as defined below, you agree that any and all Disputes between us shall be submitted first to non-binding mediation. If the Dispute is not resolved through mediation, you may then submit the Dispute for binding arbitration. Further information on the ADR process may found on the AAA website (www.adr.org).
Restrictions on Arbitration: Disputes shall be arbitrated on an individual basis. You have no right to or authority for any Dispute to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public or other persons or entities similarly situated. The arbitrator’s authority to resolve disputes and to make awards is limited to Disputes between you and us alone. Furthermore, disputes brought by either you or us against the other may not be joined or consolidated in arbitration with disputes brought by or against any third party unless agreed to in writing by all parties. No arbitration award or decision on any Dispute shall be given preclusive effect as to issues or claims in any dispute with anyone who is not a party to the arbitration. Should any portion of this paragraph be stricken from this warranty or deemed otherwise unenforceable, then this entire ADR section shall be stricken from this warranty.
Small Claims: If your Dispute is for damages of less than the jurisdictional limit for claims made in small claims court where you live (a “Small Claim”), you may elect to file your Small Claim on a non-class/non-consolidated/non-representative basis in such small claims court instead of submitting your Small Claim to the AAA for mediation or arbitration as required by this warranty. If your Small Claim is unsuccessful in small claims court and you wish to further pursue your Small Claim, you agree to submit Your Small Claim to the AAA as a Dispute for binding arbitration but not mediation under this warranty.
Costs and Fees Imposed by AAA: You may be required to pay a filing fee when you file your Dispute with the AAA. Generally speaking, there is no fee to file a request to mediate with the AAA. There is generally a filing fee required to file an arbitration request. You should contact the AAA to determine what the filing fee is. The AAA also charges certain administrative costs and expenses related to a mediation or arbitration. For example, the mediators or arbitrators selected by the parties will need to be paid for their time and related travel expenses (if any). Except in cases where the mediator or arbitrator determines that your Dispute is baseless, frivolous or was filed with the principal purpose of being vexatious or to annoy, we will be responsible for paying all other fees or expenses related to the mediation or arbitration as imposed by the AAA above and beyond the filing fees imposed on you by the AAA. You are responsible for paying your own attorney’s fees if you choose to be represented by an attorney.
Right to Representation: During the ADR process (either mediation or arbitration) you have the right, at your own expense, to be represented by an attorney. The choice of whether to retain an attorney and the costs and expenses of such attorney are entirely yours.
Initiating the Dispute Resolution Process: Please contact your local small claims court clerk for instructions on submitting your Small Claim to the small claims court. To submit your Dispute to mediation (initial claims) or arbitration (appeals), please contact the AAA.
Selection of Neutrals: Any mediation or arbitration filed with the AAA will be heard by an independent and neutral third party (a “Neutral”). As part of the ADR process, all parties are entitled to a Neutral who is independent and impartial. Toward that end and pursuant to the AAA rules for the selection of a Neutral, each party will be provided with a list of available Neutrals by the AAA. Each party will be entitled to strike those Neutrals the party deems unacceptable. The parties shall then rank the Neutrals remaining on their list. The AAA will select the Neutral from the names remaining on the list starting with the highest mutually ranked Neutral.
Location of Mediation or Arbitration: In the case of face-to-face proceedings, such proceedings will be conducted at a locale that is reasonably convenient to each party with due consideration of each party’s ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by the Neutral.
Nature of Hearing: In some cases, the Neutral may find it more expeditious and/or less costly to render an opinion based on written submissions only (no hearing) or based on a hearing conducted telephonically. The Neutral shall always have discretionary authority as to whether to require a face-to-face hearing at the request of either party.
Remedies and Awards: The Neutral shall be empowered to grant whatever relief would be available in court or in equity. In the case of arbitration, the decision of the Neutral and any award granted to either party shall be final and binding but subject to review in accordance with applicable statutes governing arbitration awards. In making the award, the Neutral should apply any identified, pertinent contract terms, statutes and legal precedents. The Neutral shall also provide a brief written explanation of the basis for any award at the time it is made.
Bernhardt Furniture Company warrants its wood products to be free from defects in material and workmanship under normal use and service for a period of five (5) years from the date of initial shipment to the dealer; however, certain components of the wood products are subject to shorter warranty periods which are described below. Furniture in which such defects occur will be repaired or replaced at Bernhardt’s option or, if replacement or repairs are not possible, alternate financial remuneration may be paid at Bernhardt’s option. This remedy is exclusive and Bernhardt does not authorize any person to create for it any other obligation or liability in connection with this furniture.
For clarification purposes only, the term "wood products" refers specifically to Bernhardt Case Goods products (including, without limitation, upholstered beds and dining room chairs) and has no implication, directly or indirectly, to any Bernhardt Upholstery products. Bernhardt Case Goods products are those products listed and displayed exclusively in the Bernhardt Case Goods products catalog, in printed form or as displayed on the Bernhardt internet web page.
This warranty applies under conditions of normal residential usage only and does not apply to defects or damage resulting from (a) negligence, abuse or misuse; (b) inadequate or improper maintenance, cleaning or care; (c) exposure to chemicals and/or liquids; (d) accidents; (e) any use for which the product was not designed; or (f) commercial usage, which includes rental, business, commercial, institutional or other non-residential use. Transportation or delivery damage is excluded.
Bernhardt furniture is made of naturally variable raw materials. Differences in grain character and color among wood and plant species and stones and minerals are naturally occurring variations and are not within the control of the manufacturer nor considered defects under this warranty. Natural color changes, variations, or movements in lumber or veneer products, and exposure to extreme temperature changes and direct sunlight, may cause color changes and/or surface damage and are not covered by this warranty.
Bernhardt Furniture Company warrants the stone and mineral components of its wood products to be free from defects in material and workmanship for a period of one (1) year from the date of initial shipment to the dealer.
Bernhardt sometimes uses crotch mahogany and other highly figured veneers which are taken from areas of the tree that grow in different directions. This natural characteristic of the veneer causes tension and pulls the fibers of the wood, which can result in hairline cracks over time. This condition is considered an enhancement to the product and is excluded from this warranty.
Fabrics/Leathers: Bernhardt Furniture Company warrants the fabrics, leathers, cushions and filling materials applied to its wood products to be free from defects in material and workmanship for a period of one (1) year from the date of initial shipment to the dealer. Any type of fabric/leather protectant or treatment not applied by the fabric/leather manufacturer voids the warranty. Pilling is a characteristic of fabrics resulting from normal use and wear and is not covered under any warranty. Improper cleaning voids any warranty.
Leather is a natural material, every hide uniquely enhanced by natural features. Wrinkles, scratches, insect bites, healed scars and other natural markings should not be considered flaws. Color variations occur normally within a hide and from hide to hide as no two hides are alike.
Washed Fabrics: Some fabrics are washed to achieve a more relaxed appearance and softer feel. Wrinkling, puckering and shade variations are a natural result of washing and should not be considered defects.
Television lift mechanisms, power supplies and other electronically related components are warranted by each respective manufacturer and are excluded from this warranty.
This warranty protects you only when you purchase Bernhardt furniture from a Bernhardt Authorized Dealer. Bernhardt’s customer is the dealer. All complaints or requests for warranty service must be accompanied by your original dated proof of purchase, contain a brief written description of the defect and must be resolved through the dealer from which the furniture was purchased. This warranty gives you specific legal rights and you may also have other rights which vary from state to state.
This warranty applies only when you purchase the Bernhardt furniture for your own normal household use and terminates in the event of resale or commercial use.
This warranty does not cover (a) floor samples or products designated “AS IS” at the time of purchase; (b) differences between floor samples and your furniture, (c) differences between printed illustrations, video or internet displays and your furniture; and (d) differences between marble items, since marble is a non-manufactured natural substance and no two pieces can be expected to match perfectly either in color or pattern.
WARRANTY LIMITATIONS AND EXCLUSIONS
ANY AND ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE EXPRESS WARRANTY ON THIS PRODUCT, AND ON THE PARTICULAR PORTION OR PART OF THE PRODUCT IN QUESTION. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. IN NO EVENT WILL BERNHARDT BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THIS PRODUCT.
Some states do not allow limitations on how long an implied warranty will last or the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.
BERNHARDT FURNITURE COMPANY P.O. Box 740 Lenoir, NC 28645
Effective March 1, 2010
Are you still there?