Helix Crib Mattress Warranty
CRIB MATTRESS LIMITED LIFETIME WARRANTY
This limited lifetime warranty gives you specific legal rights and covers all manufacturing defects. You may also have other rights, which vary from state to state. If you think you need to claim your warranty, please let us know! Please see below for additional details.
Products Covered by This Limited Lifetime Warranty.
This limited lifetime warranty (“Limited Lifetime Warranty”) extends to crib mattresses manufactured by Brooklyn Bedding, LLC d/b/a Helix ("Helix") and purchased directly from helixsleep.com or Helix's authorized retailers. This Limited Lifetime Warranty applies to the Helix Crib Mattress, which will be referred to as “Crib Mattresses” (plural) or “Crib Mattress” (singular) unless otherwise noted.
Who This Limited Lifetime Warranty Extends To.
This Limited Lifetime Warranty extends to the original purchaser or the first owner, if received as a gift, of any Crib Mattress who is located in the United States (not including US territories) or Canada. This Limited Lifetime Warranty is valid only for the period of time the Crib Mattress is owned by the original purchaser or owner of the Crib Mattress. The "Original Purchaser" or “you”, for the purposes of this Limited Lifetime Warranty, is the first purchaser or owner of the Mattress from Helix or a Helix authorized retailer. PLEASE RETAIN A COPY OF YOUR RECEIPT AS PROOF OF PURCHASE. All Helix warranties are not transferable.
Helix's Limited Lifetime Warranty and Responsibilities.
Helix warrants the Crib Mattress in its original packaging against the defects in material and workmanship set forth below ("Defects") for the full period of the Original Purchaser’s ownership and use, from the time the Crib Mattress is purchased by the Original Purchaser (the “Original Purchase Date”), and when the Crib Mattress is used normally for its intended purposes.
YEARS 1-5: NON-PRORATED COVERAGE
For the first 5 years from the Original Purchase Date, the Mattress is warranted against non-excluded defects in the workmanship or materials. During this time, Helix will repair or replace any defective Crib Mattress at no cost to the Original Purchaser.
YEARS 6-END OF OWNERSHIP: PRORATED COVERAGE
From year 6+ through the remainder of the period of the Original Purchaser’s ownership and use of the Mattress, the prorated replacement charge the Original Purchaser will pay will be seventy-five (75) percent of the then current retail price of the same model and size as the original Mattress purchased.
Any replacement will be of the same model as the original Crib Mattress purchased. In no event will a substitution model be used as a replacement except in the case of a discontinued Crib Mattress. In this event, a Crib Mattress of like build and design, at Helix’s discretion, will be used as a replacement for the defective Crib Mattress. Replaced or repaired Crib Mattresses are subject to the same Crib Mattress Limited Lifetime Warranty as the original Crib Mattress. If the Original Purchaser obtains a replaced or repaired Crib Mattress, the Limited Lifetime Warranty term of the replaced or repaired Crib Mattress begins from the Original Purchase Date.
Using the Crib Mattress without its intended Crib Mattress Cover will void any Limited Lifetime Warranty claims. Please contact Helix in advance or if you have any questions.
What This Limited Lifetime Warranty Covers.
This Limited Lifetime Warranty applies to the following Defects in a Mattress:
· Deterioration causing the Mattress to have a visible indentation greater than one and one-half (1.5) inches that is not associated with an indentation or sag which results from use of an improper or unsupportive crib. Normal wear requires that a Crib Mattress be continuously supported by a crib that is sufficient to support the weight of the Crib Mattress.
· Any physical flaw in the Crib Mattress that causes the foam to split or crack, despite normal usage and proper handling.
· Any manufacturing defect in the assembly of the Crib Mattress Cover.
This Limited Lifetime Warranty does not cover the following:
· Comfort preference beyond the 120 day risk free trial period.
· Physical abuse or damage to the structure and/or cover material, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the Defect is caused by such abuse or damage.
For years 1-5 of this Limited Lifetime Warranty, replacement of any non-defective pieces in the Helix Crib Mattress (for example, if you need a replacement Crib Mattress Cover but the interior Mattress isn’t damaged), then we will only replace the defective component.
· Any crib mattress (whether manufactured by Helix or not) sold by resellers who are not authorized retailers of Helix.
· Crib 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.
In the event of a Defect, Helix's sole and exclusive liability and the Original Purchaser’s sole remedy under this Limited Lifetime Warranty will be, at Helix's option, to provide a repaired or replacement Crib Mattress or Crib Mattress Cover of similar or greater value, as applicable, and subject to the Original Purchaser’s fulfillment of "Purchaser Responsibilities" below.
Purchaser Responsibilities.
In the event of a Defect and in order to get the benefit of this Limited Lifetime Warranty, the Original Purchaser must submit photographic visual evidence of the Crib Mattress or Crib Mattress Cover Defect to Helix and provide Helix with proof of the original date of purchase. If Helix, in its sole discretion, deems a claim made under this Limited Lifetime Warranty is valid and within the first 5 years from the Original Purchase Date, then Helix will ship a replacement Crib Mattress back to the Original Purchaser. If Helix, in its sole discretion, deems a claim made under this Limited Lifetime Warranty is valid and after the first 5 years from the Original Purchase Date, then Helix will replace the Crib Mattress at the prorated charge amount to the Original Purchaser as set forth in the Helix Limited Lifetime Warranty. Please note Helix takes all efforts to complete these requests as quickly as possible and some cases can take longer than others.
Disclaimer, Limitation on Liability.
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MATTRESS IS PROVIDED "AS IS" AND THIS LIMITED LIFETIME WARRANTY IS YOUR EXCLUSIVE WARRANTY AND REPLACES 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.
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL IMPLIED WARRANTIES ARE HEREBY DISCLAIMED. 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 LIFETIME 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 MATTRESS 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 MATTRESS 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.
Arbitration.
In the event a dispute arises between you and Helix arising out of this Limited Lifetime 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 Lifetime 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.
Governing Law.
This Limited Lifetime Warranty will be governed by the laws of the State of New York, without giving effect to its conflict of laws rules.
Warrantor.
Brooklyn Bedding, LLC d/b/a Helix
5301 W. Bethany Home Rd
Glendale, AZ 85301