Helix Adjustable Base Warranty
10 Year Limited Adjustable Base Warranty.
Your new Helix Adjustable Base is covered by a limited warranty. This limited 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!
Products Covered by This Limited Warranty.
This limited warranty extends to adjustable bases sold by Brooklyn Bedding, LLC d/b/a Helix ("Helix") and purchased directly from Helix or Helix's authorized retailers (the "Adjustable Bases"). The Helix Adjustable Bases are manufactured by our partner, Ergomotion, Inc. (“Ergomotion). 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 who is located in the United States (not including US territories) or Canada. 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," (“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, according to our manufacturing partner Ergomotion:
2-YEAR HASSLE FREE WARRANTY
Your adjustable base is warranted by the manufacturer against defects in materials or workmanship for a period of two years from the date of delivery to the original Purchaser. During such time, the manufacturer will repair or replace, at no cost to the original Purchaser, any warranted part(s)* found to be defective by the manufacturer, in its sole discretion. This includes all pre- authorized labor and transportation costs incurred with the repair or replacement of any part found to be defective.
5-YEAR WARRANTY ON PARTS
During year 3 through 5 from the original delivery date, the manufacturer will replace any part on the adjustable base found to be defective by the manufacturer, to the original Purchaser. The manufacturer’s liability is limited to the replacement of the defective electrical/mechanical part(s)* ONLY, with the Purchaser responsible for all service, installation, and transportation cost of said part(s).
10-YEAR LIMITED WARRANTY
Notwithstanding the above, the manufacturer extends a 10-year warranty on mechanical base parts found to be defective on a limited basis as defined herein. Specifically, the manufacturer warrants that for a full 10 years from the commencement date of this warranty, any defect in the workmanship or the materials used shall be covered. For purposes of this 10-year warranty, it specifically excludes the cover, shroud, platform, legs, actuator lift motors, massage motors, control box, remote controls, power supply, and all power supply cords. The purchaser shall pay 1/5 of the current MSRP of the replacement part, or the entire adjustable base if deemed irreparable at the sole discretion of the manufacturer, multiplied by the number of years after the fifth year from the original delivery date. The manufacturer’s liability shall be limited to the replacement of the defective part(s) ONLY with the purchaser responsible for all service, installation and freight costs for said part.
Additional terms and conditions apply. See below for details.
ADDITIONAL TERMS & CONDITIONS
This warranty does not include reimbursement/replacement for inconvenience, removal, part(s) installation, bed set up, loss of use, normal wear and tear, shipping or any other costs or expenses not expressly covered in this warranty. In addition, this warranty shall be void in the following circumstances:
A. Damage resulting from misuse or abuse caused by the Purchaser or any third party.
B. Damage caused by repairs or parts replacement by an unauthorized person.
C. Damage caused if the adjustable base has been mishandled (including during shipping), subject to physical abuse or an improper power supply, or by failing to adhere to the Owner’s Manual and this warranty.
D. Damaged mattresses, foundation cover(s), fabric(s), bedding cables, electrical cords or accessories supplied by dealers or any third party. Contact your dealer for warranty information on these items.
E. Modification of the adjustable base without prior written consent by the manufacturer.
F. Costs for unauthorized service calls for the purpose of educating the consumer about the adjustable base or locating proper functioning power outlets.
G. Damage if the recommended weight restrictions are exceeded.
H. Damage if used in any environment or a commercial setting which was not intended.
I. This warranty requires notice to be given to Ergomotion of any claim for repairs or replacement parts.
J. Damage to foam shroud by improper handling or misuse. *Parts include the following:
a) Head/Foot Actuator
b) Massage Motors and Housing
c) Control Box
d) Remote Control
e) Power Cord, Power Supply, and Input Cord f) Mounting Brackets
g) Support Struts
OTHER THAN AS EXPRESSLY SET OUT HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER ORAL OR WRITTEN WARRANTIES, REPRESENTATIONS, CONDITIONS OR PROMISES, WHETHER EXPRESS OR IMPLIED, AND WHETHER ARISING BY LAW, STATUTE, COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, ANY IMPLIED WARRANTIES (IF APPLICABLE) ARE LIMITED IN DURATION TO THE DURATION OF THIS WARRANTY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MANUFACTURER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, LIQUIDATED OR SIMILAR DAMAGES, WHETHER OR NOT FORESEEABLE.
Note: The exclusion directly above is inapplicable to consumers residing in Québec.
To the extent permitted by law, this warranty is not transferable and will automatically terminate if the original Purchaser sells or otherwise disposes of the adjustable base.
This warranty gives the Purchaser specific legal rights. Other rights, which vary from jurisdiction to jurisdiction, may exist. In addition, some jurisdictions do not allow (i) the exclusion of certain warranties, (ii) limitations on how long an implied warranty lasts and/or (iii) the exclusion or limitation of certain types of costs and/or damages, so the above limitations may not apply.
This warranty is only valid in The United States, Canada and Puerto Rico. For all other jurisdictions, this Limited Product Warranty is valid only in the jurisdictions where the Products are sold by an Ergomotion authorized reseller or agent and is valid to the extent permitted by the applicable laws of such jurisdictions.
Weight Limits
This product is not rated to support weights exceeding 750 pounds (340kg). This product is not rated to support weights in excess of 750 pounds inclusive of the mattress and bedding. The base will structurally support this weight, provided it is evenly distributed across the bed base. The adjustable base is not designed to support or lift this amount in the head or foot sections alone. Exceeding this weight restriction could damage the bed and/or cause injury and will void the warranty.
For warranty claims, call Customer Service:
1-888-550-3746
info@ergomotion.com www.ergomotion.com
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 persons.
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, foundation cover, fabric, bedding 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 including the mattress.
Damage if used in any environment or a commercial setting which was not intended.
Comfort preferences.
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 note, any replacement part does not extend the lifespan of your warranty.
Your Responsibilities.
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 an 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 you 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.
Arbitration.
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.
Governing Law.
This limited 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