Products Covered by This Limited Warranty.
This limited warranty extends to ultra-cool pads manufactured by Helix Sleep, Inc. ("Helix") and purchased directly from Helix or Helix's authorized retailers (the "Cool Pad"). Cool Pads are designed to work with any Helix mattress.
Who This Warranty Extends To.
This limited warranty extends to the original purchaser of any Cool Pad. All Helix warranties, including any implied warranties, are valid only for the period of time the Cool Pad is owned by the original purchaser of the Cool Pad. The "original purchaser," for the purposes of this warranty, is the first purchaser of the Cool Pad 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.
Helix's Limited Warranty and Responsibilities.
Helix warrants the Cool Pads will at the time of purchase be free from defects in material and workmanship set forth below ("Defects") for a period of 1 year from the time your Cool Pad is purchased by you, when the Cool Pad 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 of the Cool Pad due to faulty workmanship or materials, including rips, tears, or stains.
This limited warranty does not cover the following:
Normal increases in softening and settling of materials or any other normal wear and tear.
Comfort or weight 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 Cool Pad (whether manufactured by Helix or not) sold by resellers who are not authorized retailers of Helix.
Cool Pads sold "as-is", "preconditioned", "reconditioned", "used", "comfort return", "returned", "previously owned", or any other similar wording indicating that the Cool Pad 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 replacement Cool Pad of similar or greater value, subject to your fulfillment of "Your Responsibilities" below.
In the event of a Defect and in order to get the benefit of this limited warranty, you must return your Cool Pad 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 Cool Pad. In the event that the Cool Pad is proven to have a Defect, Helix will reimburse you for shipping costs up to thirty (30) dollars. Cool Pads must be sent to the address set forth at the end of this limited warranty. Helix will replace and ship your Cool Pad back to you.
Replaced Cool Pads are subject to the same limited warranty as the original Cool Pad. For example, if your obtain a replaced or repaired Cool Pad that is the same style and price as the original Cool Pad, then the warranty term of the replaced or repaired Cool Pad begins from the date of purchase of the original Cool Pad.
Disclaimer, Limitation on Liability.
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COOL PAD 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 COOL PAD 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 COOL PAD 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