Tempur Production USA, LLC (“Tempur-Pedic“)
Tempur-Pedic North America, LLC (“Tempur-Pedic”) warrants that it will, at Tempur-Pedic’s option, replace or repair Purchaser’s TEMPUR-Choice™ mattress if it is defective due to faulty workmanship or materials, subject to the limitations described in this Limited Warranty. This Limited Warranty is valid only in conjunction with the original purchase of new product and this Limited Warranty commences on the date of the original purchase of the product.
An “original purchaser,” for purposes of this Limited Warranty, is an individual or entity who purchases the product directly from Tempur-Pedic or from an authorized retailer of Tempur-Pedic® products with the intent to use the product for personal consumer use and not with the intent to resell the product. This Limited Warranty does not apply with the use of product in a commercial or industrial setting. An individual or entity that purchases the product from whatever source with the intent to resell the product is an unauthorized reseller (“unauthorized reseller”) and is not empowered to offer, or extend in any way, this Tempur-Pedic Limited Warranty. Proof of purchase from an authorized retailer of Tempur-Pedic may be required in order to secure coverage under the terms of this Limited Warranty.
Tempur-Pedic undertakes no responsibility for the quality of the goods except as otherwise provided in this contract. There are no warranties that extend beyond the description on the face thereof.
As this TEMPUR-Choice mattress contains electrical components and has movable parts, it is not a toy and should neither be considered, nor treated, as such.
This TEMPUR-Choice mattress and its components are fully warranted against defects in the workmanship or materials for a period of five (5) years from the warranty commencement date. During these first five (5) years of this Limited Warranty coverage, the entire product is so covered, including any factory-supplied mechanical or electrical components, meaning that there is no cost to the Purchaser involved. In the event that professional installation of such replacement components is deemed necessary, Tempur-Pedic will arrange and pay for same. If no professional labor is necessary, Tempur-Pedic will supply replacement component product and will pay the cost of transportation or postage of such replacement part(s) provided that the Purchaser must return the defective product to Tempur-Pedic within fifteen (15) days of receipt of replacement product. Failure to return defective product will result in a voiding of this Limited Warranty and no coverage will be extended or otherwise granted. Tempur-Pedic will be the sole judge of whether such replacement of components, and any necessary installation thereof, is necessary. Tempur-Pedic reserves the right to substitute components of equal or better quality and may, in its sole judgment, provide refurbished or reconditioned components. Replacement of the entire mattress will be at the sole discretion of Tempur-Pedic as well.
During years 6 through 25 of this Limited Warranty Tempur-Pedic will, at its option, repair the mattress at a handling cost to Purchaser, or replace the mattress at a prorated charge to Purchaser plus transportation costs. Any components needing to be replaced will also be subject to the proration formula set forth below. If Tempur-Pedic replaces the mattress, or any component thereof, the prorated replacement charge Purchaser pays will depend on when it is replaced. In the unlikely event that the original cover provided with the TEMPUR-Choice mattress is replaced, these same proration terms apply. Thus, if the mattress (its cover or any component) is replaced during the sixth (6) through the tenth (10) years of this Limited Warranty, the prorated replacement charge Purchaser pays will be forty (40) percent of the original purchase price of the mattress or of the component. Replacement price for components will be as set forth by Tempur-Pedic from time to time and is subject to change.
If the mattress (its cover or any component) is replaced during the eleventh (11) year of this limited warranty, the prorated replacement charge Purchaser pays will be fifty (50) percent of the original purchase price of the mattress, if applicable, or of the component as set forth in the Tempur-Pedic retailer price list, which is subject to change from time to time at Tempur-Pedic’s sole discretion. If the mattress (its cover or any component) is replaced after the eleventh (11) year but before the twenty-first (21) year, the prorated replacement charge the Purchaser pays will increase by five (5) percent for each subsequent year of the prorated period (i.e., 55% of the original price if replaced during year 12; 60% of the original price if replaced during year 13, etc.). If the product is replaced in year 21 or any point thereafter, but prior to expiration of this Limited Warranty, the prorated replacement charge Purchaser pays will be the same as if the product was replaced in year 20. If a purchaser pays the replacement charge for the mattress (including its cover and any component) required in connection with a claim made during the prorated coverage period, the existing warranty will continue to cover the replacement product only for the balance of the original Limited Warranty period and no further prorated costs for any additional approved warranty claims made against the replacement product will be required. Thus, replacement of one component, e.g., a pump in year 11 (at a prorated charge to the Purchaser) and subsequent replacement of the power supply component in year 12, will result only in a prorated charge of the power supply component. Should the replaced pump fail in year 13, for example, there would not be any additional charge to the Purchaser.
No new warranty is provided with a replacement mattress or of any of its components. The warranty for the replacement mattress, or any replaced component thereof, runs from the date of original purchase of the replaced mattress or component. Replacement of product, or component thereof, does not extend the terms of this Limited Warranty.
This TEMPUR-Choice mattress is designed to work on a firm, solid-surface, Tempur-Pedic branded foundation or adjustable base that is structurally capable of supporting its weight. A proper bed frame must be used in order to secure coverage under the terms of this Limited Warranty, such frame providing a sturdy support for both the mattress and the foundation, including a center support and having at least 5-6 legs for a Queen, King, or California sized bed. In the case of a Twin or Full sized bed, such frame should have at least 4 legs.
This Limited Warranty and other performance warranties are based on tests conducted on “sets” that consist of our mattresses and our foundations/adjustable bed bases. THEREFORE, IF PURCHASER USES INAPPROPRIATE FOU NDATIONS, BOX SPRINGS, ADJUSTABLE BED BASES, OR BED FRAME S WITH THIS TEMPUR-CHOICE MATTRESS, SUCH USE WILL VOID THIS LIMITED WARRANTY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOU T LIMITATION, THE IMPLIED WARRANTIES OF ME RCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Tempur-Pedic may require Purchaser to provide proof of the quality of the foundation, adjustable bed base, or bed frame used in conjunction with this TEMPUR-Choice mattress if Purchaser makes a claim under this Limited Warranty. Tempur-Pedic reserves the right to invalidate this Limited Warranty if the foundation is determined, in Tempur-Pedic’s reasonable discretion, to be inadequate or if the mattress is found to be in an unsanitary condition. This TEMPUR-Choice mattress must not be placed or used directly on the floor or on a waterbed frame. Such use will invalidate the terms of this Limited Warranty.
As noted above, this Limited Warranty does not cover any Purchaser other than the original Purchaser nor will it cover product purchased from an unauthorized third party. If you are not the original Purchaser of this product, you take “as is” and “with all faults.” If you did not purchase this TEMPUR-Choice mattress directly from Tempur-Pedic we will require proof of purchase from you demonstrating that you are the original Purchaser and are eligible to make a valid claim under this Limited Warranty.
In no instance will this Limited Warranty cover any damage attributable to misuse or to normal wear and tear or to excessive weight placed upon the product. This warranty does not include coverage for damage caused by the Purchaser or by other users if the product has been used in a manner inconsistent with the operation and maintenance procedures outlined in the product’s Complete Reference Guide, or as set forth in this Limited Warranty, or in any other applicable document published or approved by Tempur-Pedic.
Nor does this Warranty apply to floor models or “demos” or to products sold by unauthorized resellers, including without limitation, unauthorized resellers or third party websites such as Craigslist, eBay, Amazon, etc. Proof of purchase will be required from you if you have not purchased this TEMPUR-Choice mattress directly from Tempur-Pedic, demonstrating that you are the original purchaser and are thus eligible to make a valid claim under this Warranty. This warranty does not apply to secondary products such as fabric, pads, covers, cables, electrical cords or other such items supplied by Third Party Resellers. Contact the Reseller or other appropriate party for warranty information on such items.
This Limited Warranty covers product repair or replacement only. Purchaser’s exclusive remedy under the terms of this Limited Warranty is such product repair or replacement. Said repair or replacement will be at the sole discretion of Tempur-Pedic and may include the use of refurbished or reconditioned parts. TEMPUR-PEDIC SHA LL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT OR ARISING OUT OF ANY BREACH OF THIS WARRANTY. THE EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY SHA LL BE REPLACEMENT OR CREDIT TOWARDS REPLACEMENT AS SET FORTH HEREIN. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHA NTABILITY AND FITNESS FOR A PA RTICULAR PURPOSE, OTHER THA N THE WARRANTY DESCRIBED ON THE FA CE OF THIS LIMITED WARRANTY.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to every Purchaser. This warranty gives the Purchaser specific legal rights, and the Purchaser may also have other legal rights, which may vary from state to state. This warranty is valid in all 50 states, Puerto Rico and Canada.
If you, the Purchaser, experience a problem with your TEMPUR-Choice™ mattress during the warranty period, please consult the troubleshooting section of your Reference Guide. If problem persists, please contact Tempur-Pedic’s Customer Service Department by calling toll-free 1-800-821-6621 or by sending an email to: email@example.com.
PLEASE RETAIN THIS WARRANTY PAPERWORK AND ORIGINAL SALES RECEIPT FOR EAS Y FUTURE REFERENCE AND DOCUMENTATION.