Helix Dog Bed Warranty
DOG BED 1 YEAR WARRANTY
All Helix Dog Beds are covered by a 1 year warranty. This 1 year 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 1 year warranty (“Limited Lifetime Warranty”) extends to dog beds manufactured by Brooklyn Bedding, LLC d/b/a Helix ("Helix") and purchased directly from Helix or Helix's authorized retailers. This 1 Year Warranty includes the Helix Dog Bed which collectively will be referred to as “Dog Bed” unless otherwise noted.
Who This 1 Year Warranty Extends To.
This 1 Year Warranty extends to the original purchaser of any Dog Bed who is located in the United States (not including US territories) or Canada. This 1 Year Warranty is valid only for the period of time the Dog Bed is owned by the original purchaser of the Dog Bed. The "Original Purchaser" or “you”, for the purposes of this 1 Year Warranty, is the first purchaser of the Dog Bed 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 1 Year Warranty and Responsibilities.
Helix warrants the Dog Bed in its original packaging against the defects in material and workmanship for the full period of the Original Purchaser’s ownership and use, from the time the Dog Bed is purchased by the Original Purchaser (the “Original Purchase Date”), and when the Dog Bed is used normally for its intended purposes.
This Limited Lifetime Warranty does not cover the following:
· Normal wear and tear as a result of washing and intended use
· Comfort preference beyond the 30 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.
· Any Dog Bed (whether manufactured by Helix or not) sold by resellers who are not authorized retailers of Helix.
· Dog Bed sold "as-is", "preconditioned", "reconditioned", "used", "comfort return", "returned", "previously owned", or any other similar wording indicating that the Dog Bed 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 1 Year Warranty will be, at Helix's option, to provide a repaired or replacement Dog Bed, 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 1 Year Warranty, the Original Purchaser must submit photographic visual evidence of the Dog Bed 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 1 Year Warranty is valid, then Helix will ship a replacement Dog Bed back to the Original Purchaser. 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 DOG BED IS PROVIDED "AS IS" AND THIS 1 YEAR 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 1 YEAR 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 DOG BED 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 DOG BED 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 1 Year 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 1 Year 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 1 Year 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