Helix Furniture Warranty
1 Year Limited Furniture Warranty
Your new Delancey Bed Frame, Ludlow Bed Frame, Ludlow Nightstand, Lexington Bed Frame, Cooper Kids Bed Frame, Astor Kids Bed Frame, Bryant Toddler Floor Bed, Bryant Guardrail, Gramercy Toddler Floor Bed, Gramercy Guardrail, & Topkinds Kids Bunk Bed is covered by a 1 year 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 the aforementioned furniture manufactured by or for Brooklyn Bedding, LLC d/b/a Helix (“Helix”, “we”, “us”) and purchased directly from Helix or Helix's authorized retailers (the "Furniture”).
Who This Warranty Extends To.
This limited Warranty extends to the original purchaser of any Furniture 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 Furniture is owned by the original purchaser of the Furniture. The "original purchaser," for the purposes of this warranty, is the first purchaser of the Furniture 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 Furniture was purchased.
Helix's Limited Warranty and Responsibilities.
Helix warrants the Furniture in its original packaging sold to you against the defects in material and workmanship set forth below ("Defects") when your Furniture is purchased by you and the Furniture is used normally for its intended purposes.
What This Limited Warranty Covers.
This limited warranty applies to the following Defects
Any manufacturing defect in the assembly and materials of the Furniture, including warped wood, missing components, large cracks, or broken hinges. Helix reserves the sole final decision if a perceived manufacturing defect falls under this warranty policy.
This limited warranty does not cover the following:
Comfort preference beyond the 30 night risk free trial period.
Physical abuse or damage to the structure, including but not limited to, burns, cuts, tears, warping, liquid damage, or stains; provided that the Defect is caused by such abuse or damage.
Furniture that is deemed to be used improperly, including exceeding the maximum weight capacity (Twin/Twin XL - 500 lbs, Full/Queen/King/CA King - 1,500 lbs) and/or use on an uneven surface.
Replacement of any non-defective pieces in the Helix sleep system (for example, if you purchase Furniture with multiple components and only one component is defective, then we will only replace the defective component).
Furniture (whether manufactured by Helix or not) sold by resellers who are not authorized retailers of Helix.
Furniture sold "as-is", "preconditioned", "reconditioned", "used", "comfort return", "returned", "previously owned", or any other similar wording indicating that the Furniture 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 your sole remedy under this limited warranty will be, at Helix’s option, to provide a repaired or replacement Furniture of similar or greater value, subject to your fulfillment of "Your Responsibilities" below.
Your 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 Furniture 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 year from the Original Purchase Date, then Helix will ship replacement Furniture 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 FURNITURE 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 FURNITURE 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 FURNITURE 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