Somzi 10 Year Limited Warranty
American Excelsior Company (“we”, “us”, or “our”) is pleased to offer this 10 year limited warranty (this “Warranty”) to customers buying our “Bed in a Box” mattress product (the “Mattress”).
Who Does This Warranty Cover?
This Warranty applies to customers who purchase a Mattress directly from us or from one of our authorized retailers. This Warranty does not cover users who do not own the Mattress, or who acquired it from any source other than us and our authorized retailers.
What Does This Warranty Cover?
This Warranty lasts for 10 years and covers any of the following issues due to material defects in the Mattress’ workmanship, construction, and materials: deterioration of the Mattress that creates a visible indentation greater than one (1) inch in depth and that is not related to a failure to properly use a foundation, base, or box spring; defective workmanship or materials that cause the Mattress permanent damage despite proper use; and defective workmanship or materials in the cover provided by us for the Mattress.
This Warranty does not cover issues that are unrelated to material defects in workmanship, construction, and materials, including without limitation: normal softening of the foam material over time, which does not materially affect the functionality of the mattress; a user’s comfort preference; or misuse, abuse, neglect, or other damage to the Mattress or the cover (such as cuts, tears, spills, stains, and burns). This Warranty does not cover Mattresses sold on an as-is, used, reconditioned, returned, previously owned, or other basis that indicates the Mattress is not new and unused. This Mattress is designed to be continuously used with an appropriate foundation, base, or box spring that adequately supports the Mattress and any users. Use of this Mattress without such support, or otherwise not in the course of ordinary use, will void this Warranty. Please note that in order to make a warranty claim, you will need to provide the mattress law label affixed to your Mattress.
What Remedy Does This Warranty Offer?
If your Mattress is deemed to suffer from a covered defect within the first 10 years from the date you purchased it, we will repair or replace it for you free of charge. You will be responsible for any costs associated with shipping the Mattress to us and shipping the repaired or replacement Mattress back to you. If you would like to make a claim under this Warranty, please contact us by e-mail at email@example.com, or by mail at American Excelsior Company, 850 Avenue H E, Arlington, TX 76011, and include the following:
- proof of purchase or receipt (including the date of purchase);
- a description of the alleged defect;
- close-up photos of the area in question; and
- a photo of the mattress law label affixed to the Mattress.
We will respond with further instructions on how to proceed with your claim.
We have the right to inspect your Mattress to examine whether or not it suffers from a covered defect under this Warranty. If we determine, in our reasonable discretion, that the Mattress does not suffer from such a defect, we will return the Mattress to you subject to your payment of any roundtrip shipping and delivery costs.
The repaired or replacement Mattress we provide you under this Warranty will remain subject to the same initial Warranty that covered your original purchase, and the 10 year period will not be reset or extended.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE MATTRESS IS PROVIDED TO YOU “AS-IS” AND THIS LIMITED WARRANTY IS YOUR SOLE AND EXCLUSIVE WARRANTY, AND THE REPAIR OR REPLACEMENT OFFERED HEREIN IS YOUR SOLE AND EXCLUSIVE REMEDY, WITH RESPECT TO THE MATTRESS. OTHER THAN THIS LIMITED WARRANTY, WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE MATTRESS. EXCEPT AS SET FORTH HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RELATED TO THE MATTRESS, UNDER ANY LEGAL THEORY INCLUDING WITHOUT LIMITATION CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON IMPLIED WARRANTIES OR DAMAGES, SO THE ABOVE RESTRICTIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS UNDER APPLICABLE LAW IN YOUR PARTICULAR JURISDICTION OTHER THAN THOSE SET FORTH HEREIN. THIS WARRANTY IS AN AGREEMENT GOVERNED BY THE LAWS OF THE STATE OF TEXAS WITHOUT REGARDS TO ITS CONFLICTS OF LAWS PRINCIPLES, AND YOU HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS IN TARRANT COUNTY, TEXAS TO RESOLVE ANY DISPUTES ARISING HEREUNDER.