The Chiromatic Ten Year Non-Prorated Limited Warranty
Thank you for purchasing a Chiromatic Mattress (“Mattress”). We hope and anticipate that you will love your new Mattress and have no problems, but if you find you do not find it to your liking, or you discover a defect, please review the Chiromatic 100 night comfort exchange policy, as well as this Chiromatic Ten Year Non-Prorated Limited Warranty (the “Warranty”) contact us at email@example.com and we will be most happy to help you. This Limited Warranty gives you specific legal rights. You may have other rights, but those vary from state to state. We believe our Warranty is fair and demonstrates our commitment to stand behind our products fully.
This Limited Warranty covers you only if you are the original purchaser and current owner of the Chiromatic Mattress purchased in the United States from an authorized Chiromatic reseller, dealer, distributor, or sales representative; online from our website at www.chiromatic.com; or by visiting an authorized Chiromatic store or show room.
The mattress must be located in the United States at the time you are filing your claim as we may need to inspect it as part of the claim process. Also, we are not set up to ship to and from other countries but the United States.
An “original purchaser”, defined for the purpose of this Limited warranty, is an individual or entity that purchases the product directly from a qualified retailer of Chiromatic with the intent to use the mattress for personal use and with no intent to resell the product.
This Warranty for your new Chiromatic Mattress lasts for a period of (10) years from the date of original purchase as noted on the original purchase order. It is non-prorated which means that we don’t charge you a percentage of the repair costs or replacement product based on the amount of time you slept on the mattress prior to noticing a defect.
This Warranty covers material defects resulting from defective materials or workmanship in the Mattress. It does not cover wear and tear or any condition resulting from misuse or abuse of the mattress or failure to keep the mattress clean and free of stains and potentially unsanitary conditions.
This Limited Warranty covers the following defects:
- Any physical flaw in the foam material that causes it to split or crack under conditions of normal use and proper handling.
- Any manufacturing defect in the Mattress cover such as the fabric tearing or stitching unraveling. Any cosmetic damages to the Mattress, NOT caused by normal wear and tear or that affect the performance of the Mattress.
- Any VISIBLE indentation equal or greater than two (1.5) inches that is NOT associated with or resulting from a faulty, improper or unsupportive foundation, box spring or platform that is not designed or constructed so that it is capable of handling the combined weight of the foundation and its intended users. The indentation must be visible to the naked eye when no weight is applied to the top of the Mattress.
- Please note that any mattress will show visible body impressions within the first 6 months of use. These can be up to 2 inches and are not a defect. In fact, these body impressions are desirable and demonstrate that the mattress is doing a good job conforming to the body which reduces pressure on your muscles and joints. To insure that the mattress wears evenly over the entire sleep surface, we recommend that you turn your mattress four times a year. For two sided mattresses, one turn would be turning the mattress over entirely. The next turn would be flipping it 180 degrees (from head to foot so that, after turning the mattress, you end up with your head located where your partner’s feet once were).
- Your Chiromatic Mattress is designed to be used with a foundation structurally capable of supporting the weight of the mattress and intended users. This is based on tests conducted on Chiromatic mattresses and approved foundations, box springs or bases. If the purchaser uses an inappropriate foundation, box spring or base as determined by Chiromatic, the Limited Warranty, without limitation will be void. Chiromatic will require purchaser to provide proof of the quality of the foundation, box spring or base used.
- A proper bed frame is defined, for the purpose of this Limited Warranty as having a least five to six (5-6) leg support for a Queen, Eastern King, and California King Mattress, four (4) leg support for Twin and Full Mattresses. For Queen, Eastern King, and California King slatted style bed frames, there cannot be greater than five (5) inches between each slat in order to provide ample structural support for the foundation and user(s). Chiromatic highly recommends using a Chiromatic approved foundation, box spring or base along with a structurally supportive bed frame to be sure, and if you have any questions please call or email our customer support team at firstname.lastname@example.org.
This Limited Warranty does not cover:
- A normal increase in softness due to normal usage.
- Comfort preference. Any comfort level description of any mattress is solely provided as a guideline and Chiromatic does not guarantee the firmness or softness quality of any mattress, nor does it warrant that a particular comfort preference will be to your liking.
- Physical abuse or damage to the structure and/or materials, including, but not limited to burns, cuts, tears, and/or liquid damage.
- Mold, odors, and/or discoloration caused by abnormal care including, but not limited to liquid spills, improper ventilation, including, but not limited to humid climates and/or areas where the Mattress is exposed to excessive water or humidity.
- Damage associated with an improper bed frame, foundation, box spring or base as determined by Chiromatic.
- Mattresses sold by unauthorized retailers or any resellers.
- Replacement of any non-defective pieces in your Chiromatic Mattress (for example, if you purchase a mattress with multiple components and only one component is defective, then we will only replace the defective component).
- Mattresses sold “as-is”, “preconditioned”, “reconditioned”, “used”, “comfort return”, “returned”, “previously owned”, or any other similar wording indicating that the Mattress is not “new” or of “first quality”, or has previously been purchased or used by another consumer.
- The Limited Warranty does not cover the owner of a mattress who is not the original purchaser of the mattress. This Limited Warranty does not apply to an original purchaser of floor samples, sale items, stock items, open box items, returns, restocked items, custom made orders, or used Mattresses all of which are sold “as is” or “with all faults”.
- Imperfections that do not prevent ordinary use and enjoyment of the Product by a reasonable person are not considered to be defects. For example, surfaces may not be perfectly even, and corners may not be perfectly shaped or symmetrical. These are not “defects” for which you can seek a remedy under this Warranty. More specifically, this Warranty excludes: (a) minor imperfections and slight cosmetic flaws; (b) normal wear and tear; (c) tears, stains, soiling, burns, and discoloration that occur over time; (d) dampness or mold; (e) individual or personalized preferences relating to firmness, texture, comfort, etc.; (f) normal body impressions not greater than 1 1/2” in the mattress as measured below the quilt level – in other words, some settling of the fiber in the quilt should be expected and is not considered a “defect”); (g) individual or personalized allergies and sensitivities; and (h) naturally occurring cotton or foam aromas.
- In addition, this Warranty does not cover conditions resulting from abusive handling, misuse, or neglect. Accordingly, the following circumstances, if discovered upon inspection, will void your Warranty: (a) any unsanitary condition; (b) burns; (c) use of the Product on an improper bed frame; (d) physically abusing the Product; (e) attempting to clean the Product in an inappropriate manner; and (f) improper storage of the Product (including storage in damp locations, areas infected with insects or rodents, or any other unprotected storage areas); and (g) purchase from resellers who are not authorized retailers.
- In the case of a Mattress that is packaged in a compressed and rolled manner, also referred to as a “bed-in-a-box”, your Warranty is valid if your product was opened within two (2) weeks of receiving the Mattress to prevent compression for an extended period of time. A Mattress that is compressed for a prolonged period will have structural damage and/or condensation from being packaged for an extended period of time resulting, but not limited to mold, odors, and/or discoloration that is not covered under this Limited Warranty.
Chiromatic makes no medical or health claims regarding its Mattresses. Allergies, discomfort, or other conditions, are not covered under this Warranty. Any questions or concerns regarding medical or health conditions should be addressed by a licensed physician.
If your mattress has a defect covered under this Limited Warranty, Chiromatic’s sole and exclusive liability (and your sole remedy under this Limited Mattress Warranty) will be, at Chiromatic’s option, to provide a repaired or replacement Mattress or Mattress Cover, subject to your fulfillment of your obligations as set forth herein.
In the case of a manufacturing defect in a component of the Product, such as the Mattress cover, we may elect to repair or replace the component rather than replace the entire Mattress, and we reserve sole and complete discretion over that election. If we elect to replace the part of the Mattress, Box Spring, Foundation or component, we will replace it with the model, version, color, or style available at the time of replacement, which may be different in certain respects than the original. If you wish to replace a defective Mattress with a more expensive Mattress, you may be required to pay the difference in price between the original Product and the more expensive.
In the event we choose to replace the mattress, the replacement will be of the same model and size as the original mattress purchased. In no event will a substitution model be used as a replacement except in the case of a discontinued mattress, in this event a mattress of like build and design, at Chiromatic’s discretion will be used as a replacement for the defective mattress.
Any repair or replacement will not extend the original period of Limited Warranty, nor will it constitute the beginning of a new Limited Warranty period. The Warranty for the replacement mattress runs from the date of original purchase of the replaced mattress.
Chiromatic is not responsible for coordinating or arranging any transportation and/or shipping costs associated with replacements.
To make a valid claim under this warranty, you must:
- Fill out a warranty ticket on our website at email@example.com. This should include a brief narrative describing the defect and how it is affecting the performance of the Mattress. You must also provide a valid original proof of purchase demonstrating date of purchase and that the claimant is the original purchaser and still has the bed.
- Provide photographic evidence of the law tag evidencing that the law tag remains on the bed and has not been altered.
- Provide photos of the defect of you believe it would help us to understand the nature of the defect or if we request them.
- Cooperate with our investigation by providing a statement, photographs documentation we request to prove the existence of a covered defect.
Please send all requested documentation to firstname.lastname@example.org. You are responsible for submitting your claim with the sufficient supporting documentation for us to provide a remedy if necessary. We reserve the right, in our sole discretion, to require photographs, further information or descriptions, or to send a representative or independent mattress inspector to physically inspect the Mattress prior to accepting your claim under this Limited Warranty. Your Limited Warranty may be voided if you refuse to cooperate with our investigation, provide adequate responses to our requests, or comply with any provision of this Limited Warranty.
In the event of the issuance of a replacement mattress, the consumer may be asked to return the mattress to Chiromatic. Chiromatic is not responsible for the shipping charges or for arranging for the return of a defective mattress back to the the manufacturer. In the alternative, we may ask you to donate the used mattress to charity. In that case, you will be required to provide a written receipt or proof of return, disposal or donation of the original, defective mattress, from a legitimate organization, before any replacement mattress or refunds will be issued.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AUTHORIZED RESELLERS, DISTRIBUTORS, AND/OR SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BEYOND THOSE SET FORTH IN THIS WARRANTY AND NON-PUFFERY CLAIMS IN OUR MARKETING MATERIALS. EACH OF THOSE PARTIES DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS DOCUMENT.
IN NO EVENT WILL WE OR OUR RESELLERS, DISTRIBUTORS, AND/OR SUPPLIERS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR OR ANY THIRD PARTY’S PURCHASE AND/OR USE OF THE PRODUCT, EVEN IF WE OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO CASE SHALL CHIROMATIC’S LIABILITY EXCEED THE PURCHASE PRICE PAID FOR THE MATTRESS GIVING RISE TO ANY SUCH LIABILITY.
If a dispute arises between you and Chiromatic arising out of or relating to this Warranty, that dispute will be resolved in accordance with the general dispute resolution provisions of our Terms of Service. The arbitration conducted pursuant to this provision will be deemed final and binding and will not be subject appeal absent extraordinary circumstances. You must seek arbitration for disputes arising out of this Limited Mattress Warranty prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act or any state law relating to consumer product warranties.
As in all other dispute situations under our Terms of Service, an arbitration concerning a dispute arising out of or relating to our Warranty will not be combined with any other proceeding or arbitration against one of the parties. In addition, to the maximum extent permitted by applicable law, you will only be permitted to assert your own claim, and may not appear as a representative of the interests of any other person, entity or class of consumers (including a private attorney general or otherwise). Some states do not allow the exclusion or limitation of incidental or consequential damages in connection with the sale of consumer products, so the above limitation or exclusion of incidental or consequential damages may not apply to you.