Products Covered by This Limited Warranty.
This limited warranty extends to adjustable bases manufactured by Helix Sleep, Inc. ("Helix") and purchased directly from Helix or Helix's authorized retailers (the "Adjustable Bases"). This warranty DOES NOT include the mattress. A “replacement part” is a new or used part selected at the sole discretion of the manufacturer, including a refurbished or re-inspected part, provided in replacement of a part previously incorporated in the Adjustable Base.
Who This Warranty Extends To.
This limited warranty extends to the original purchaser of any Adjustable Base. All Helix warranties, including any implied warranties, are valid only for the period of time the Adjustable Base is owned by the original purchaser of the Adjustable Base. The "original purchaser," for the purposes of this warranty, is the first purchaser of the Adjustable Base from Helix or a Helix authorized retailer. PLEASE RETAIN A COPY OF YOUR RECEIPT AS PROOF OF PURCHASE. All Helix limited warranties are not transferable. The Warranty Commencement Date (“Warranty Commencement Date”) means the date at which the Adjustable Base was purchased.
Helix's Limited Warranty and Responsibilities.
Helix warrants this Adjustable Base on the terms and over the reducing periods of time set out below:
1ST YEAR FULL WARRANTY
For the first year from the Warranty Commencement Date, your Adjustable Base is warranted against non-excluded defects in the workmanship or materials. During the first year from the Warranty Commencement Date, Helix will organize manufacturer to repair or replace at no cost to you any defective adjustable base part and will pay all authorized labor and transportation costs associated with the repair of replacement of any parts found to be defective.
2ND & 3RD YEAR LIMITED WARRANTY
During the second and third year from the Warranty Commencement Date, Helix will organize the manufacturer to replace any Adjustable Base part found to be defective and not excluded by this warranty. You are responsible to pay all service and transportation costs related to the costs of receiving installation of the replacement parts.
4TH YEAR TO END OF 25TH YEAR LIMITED WARRANTY
Starting in the fourth year from the Warranty Commencement Date and through to the end of the 25th year from the Warranty Commencement Date, Helix will organize the manufacturer to replace steel and mechanical base parts found to be defective and not excluded by this warranty. This warranty does not cover any electronics, electrical components, drive motors or massage motors. You are responsible to pay all service and transportation costs related to receiving and installation of the replacement part and a portion of the cost of the replacement steel and mechanical part, based on the number of months that the base has been owned by you since the fourth anniversary of the Warranty Commencement Date. By the end of the 25th year, no portion of the replacement cost is covered by Helix. You will be required to pay 1/22nd of the then current replacement cost of the part multiplied by the number of years past the third year from the Warranty Commencement Date. This portion is calculated using the following formula: Cost of the replacement part divided by 22 [being the number of years in years 4 to 25 inclusive], multiplied by the number of years you have owned the base since the end of the first 3 years. For example, if you make a claim for a replacement part eligible for this warranty in the 5th year since the Warranty Commencement Date, you would be responsible for paying: $100 part cost divided by 22, multiplied by 2 = $9.09.
What This Limited Warranty Does Not Cover.
This limited warranty does not cover the following:
Any damage caused by you.
Any repair or replacement of Adjustable Base parts by unauthorized person.
If the Adjustable Base has been mishandled (whether in transit or by other means), subjected to physical or electrical abuse or misuse, or otherwise operated in any manner inconsistent with the operation and maintenance procedure outlined in the owner's manual and this warranty.
Damage caused to mattresses, fabric, cables, electrical cords or other items.
If there has been any modification of the Adjustable Base without prior written consent.
The cost for unnecessary service calls, including costs for in-home service calls solely for the purpose of educating you about the Adjustable Base or finding a satisfactory power connection.
This warranty will be void if you exceed the recommended weight restriction of 850lbs.
Physical abuse or damage to the structure, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the Defect is caused by such abuse or damage.
Any Adjustable Base (whether manufactured by Helix or not) sold by resellers who are not authorized retailers of Helix.
Adjustable Bases sold "as-is", "preconditioned", "reconditioned", "used", "comfort return", "returned", "previously owned", or any other similar wording indicating that the Adjustable Base is not "new" or of "first quality", or has previously been purchased or used by another consumer.
In the event of a Defect, Helix's sole and exclusive liability described above and your sole remedy under this limited warranty will be subject to your fulfillment of "Your Responsibilities" below.
Please not, any replacement part does not extend the lifespan of your warranty.
In the event of a Defect and in order to get the benefit of this limited warranty, you must return your Adjustable Base to Helix within five (5) days of registering the claim, at your cost, and provide Helix with proof of the original date of purchase. You are responsible for all shipping and transportation costs associated with replacing a Adjustable Base. In the event that the Adjustable Base is proven to have a Defect, Helix will reimburse you for shipping costs up to thirty (30) dollars. Adjustable Base must be sent to the address set forth at the end of this limited warranty. Helix will replace and ship your Adjustable Base back to you.
Replaced Adjustable Bases are subject to the same limited warranty as the original Adjustable Base. For example, if your obtain a replaced or repaired Adjustable Base that is the same style and price as the original Adjustable Base, then the warranty term of the replaced or repaired Adjustable Base begins from the date of purchase of the original Adjustable Base.
Disclaimer, Limitation on Liability.
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE ADJUSTABLE BASE IS PROVIDED "AS IS" AND THIS WARRANTY AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, IN NO EVENT WILL HELIX OR ITS SUPPLIERS BE LIABLE FOR OR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE ADJUSTABLE BASE OR ITS USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF HELIX HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. HELIX'S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE ADJUSTABLE BASE GIVING RISE TO SUCH LIABILITY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
In the event a dispute arises between you and Helix arising out of this Limited Warranty, such dispute will be determined and settled by binding arbitration between the parties, in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). More information about the AAA is located at www.adr.org, or you can call the AAA at 1-800-778-7879.
You must seek arbitration for disputes arising out of this Limited Warranty prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act. If you choose to pursue any rights and remedies that are not created by Title I of the Magnuson Moss Warranty Act, then arbitration is not required.
Arbitration will take place in New York, New York.
The arbitration will not be combined with any other proceeding or arbitration against one of the parties. Each party will designate one arbitrator and the two designated arbitrators will select a third arbitrator, who will serve as the chair of the arbitration panel. If the two arbitrators cannot agree on the third arbitrator, then the AAA will appoint the third arbitrator. Barring extraordinary circumstances, the arbitrators will issue their decision within 120 days from the date the third arbitrator is selected by the two designated arbitrators or appointed by the AAA. The arbitrators may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all related records will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The decision and the arbitrators' award will be in writing and will include a statement setting forth the reasons for the disposition of any claim. A dissenting decision will also be set forth in writing. The arbitrators' award will be final and binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction.
This limited warranty will be governed by the laws of the State of New York, without giving effect to its conflict of laws rules.
Helix Sleep, Inc.
1123 Broadway, #600
New York, NY 10010