Products Covered by This Limited Warranty.

This limited warranty extends to mattresses manufactured by Brooklyn Bedding, LLC d/b/a Helix ("Helix") and purchased directly from Helix or Helix's authorized retailers (the "Mattresses”). This limited warranty includes the Helix Standard Mattress and Helix Kids Mattress (“Standard Mattress”), Helix Plus Mattresses (“Plus Mattresses”), the Helix Luxe Mattresses (“Luxe Mattress”), the Helix Elite Mattresses ("Elite Mattresses") and the Birch and Birch Luxe Natural Mattresses, which collectively will be referred to as Mattresses (plural) or Mattress (singular) unless otherwise noted. Some parts of this limited warranty also extend to covers sold with Mattresses ("Mattress Covers"). Mattresses are designed to work on a firm, solid-surface, on a bed base that is structurally capable of supporting the weight of the Mattress and user(s).

Who This Warranty Extends To.

This limited Warranty extends to the original purchaser of any Mattress 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 Mattress is owned by the original purchaser of the Mattress. The "original purchaser," for the purposes of this warranty, is the first purchaser of the Mattress 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 Standard Mattress in its original packaging sold to you against the defects in material and workmanship set forth below ("Defects") for a period of 10 years from the time your Standard Mattress is purchased by you, when the Standard Mattress is used normally for its intended purposes.

Helix warrants the Luxe Mattress and Elite Mattress in its original packaging sold to you against the defects in material and workmanship set forth below ("Defects") for a period of 15 years from the time your Luxe Mattress or Elite Mattress, is purchased by you, when the Luxe Mattress or Elite Mattress is used normally for its intended purposes.

Birch’s Limited Warranty and Responsibilities.

Birch warrants the Mattress in its original packaging sold to you against the defects in material and workmanship set forth below ("Defects") when your Mattress is purchased by you and the Mattress is used normally for its intended purposes.

YEARS 1-10: FULL COVERAGE

For the first 10 years from the Warranty Commencement Date, your Mattress is warranted against non-excluded defects in the workmanship or materials. During this time, Birch will organize to repair or replace at no cost to you any defective Mattress and pay all authorized labor and transportation costs associated with the repair of replacement.

YEARS 11-25: LIMITED COVERAGE - PRORATED

During years 11-25, Birch will, at its opinion, replace the mattress at a prorated charge to the purchaser in addition to transportation and/or shipping charges.

If the Mattress is replaced during the eleventh (11th) year, the prorated replacement charge the purchaser pays will be fifty (50) percent of the original purchase price. If the Mattress is replaced after the eleventh (11th) year, but before the twenty-first (21st) year, the prorated replacement charge the purchaser pays will increase by five (5) percent for each subsequent year of the prorated period (i.e. 55% of the original purchase price if replaced during year twelve (12); 60% of the original purchase price if replaced during year thirteen (13), etc.). If the mattress is replaced in year twenty-one (21) or any point thereafter prior to expiration of the Mattress Warranty the prorated replacement charge will be 95% of the original purchase price.

The replacement will be of the same model and size as the original Mattress purchased. In no event will a substitution model be used as a replacement except in the case of a discontinued Mattress. In this event, a Mattress of like build and design, at Birch’s discretion, will be used as a replacement for the defective Mattress. Replaced or repaired Mattresses are subject to the same Mattress Warranty as the original Mattress. If you obtain a replaced or repaired Mattress, the warranty term of the replaced or repaired Mattress begins from the date of purchase of the original Mattress.

Removing the Mattress Cover from your Mattress will automatically void any warranty claim. Please contact Helix in advance or if you have any questions.

What This Limited Warranty Covers.

This limited warranty applies to the following Defects in your 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 foundation or adjustable bed base. Normal wear requires that a Mattress be continuously supported by a matching foundation or adjustable bed base with a proper bed frame sufficient to support the collective weight of the Mattress and foundation. Any foundation, box spring, frame, or other base on which the Mattress is placed that has slats greater than 5 inches apart will be considered improper for your Mattress and will void the warranty.

Any physical flaw in the Mattress that causes the foam or spring material to split or crack, despite normal usage and proper handling.

Any manufacturing defect in the assembly of the Mattress Cover.

This limited warranty does not cover the following:

A normal increase in softness of the foam pressure-relieving material which does not affect the pressure-relieving qualities of the Mattress.

Comfort preference beyond the 100 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.

Replacement of any non-defective pieces in the Helix sleep system (for example, if you purchase a mattress with multiple components and only one component is defective, then we will only replace the defective component).

Any mattress (whether manufactured by Helix or not) sold by resellers who are not authorized retailers of Helix.

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 your sole remedy under this limited warranty will be, at Helix's option, to provide a repaired or replacement Mattress or Mattress Cover of similar or greater value, subject to your fulfillment of "Your Responsibilities" below. Replacement Mattress Covers may be provided in a color different from the Mattress Cover you originally purchased. Replacement Mattress may be a different model than you originally purchased.

Your Responsibilities.

In the event of a Defect and in order to get the benefit of this limited warranty, you must return your Mattresses or Mattress Cover to Helix 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 or repairing a Mattress or Mattress Cover. In the event that the Mattress is proven to have a Defect, Helix will reimburse you for shipping costs up to one hundred (100) dollars. Mattresses and Mattress Covers must be sent to the address set forth at the end of this limited warranty.

If Helix deems a Warranty is valid, Helix will repair or replace (as applicable) and ship your Mattress or Upgrade Mattress back to you. Please note Helix takes all efforts to complete these requests as quickly as possible and some cases can take longer than others.

Replaced or repaired Mattresses that are not Upgrade Mattresses are subject to the same limited warranty as the original Mattress. For example, if your obtain a replaced or repaired Mattress that is the same style and price as the original Mattress, then the warranty term of the replaced or repaired Mattress begins from the date of purchase of the original Mattress. If you purchase an Upgrade Mattress, then you obtain a new limited warranty, and the warranty term will begin upon the purchase of the Upgrade Mattress.

Disclaimer, Limitation on Liability.

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MATTRESS 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 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 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

30 Irving Place

9th Floor

New York, NY 10003

info@helixsleep.com

Products Covered by This Limited Warranty.

Who This Warranty Extends To.

Helix's Limited Warranty and Responsibilities.

What This Limited Warranty Covers.

Your Responsibilities.

Disclaimer, Limitation on Liability.

Arbitration.

Governing Law.

Warrantor.

Products Covered by This Limited Warranty.

Who This Warranty Extends To.

Helix's Limited Warranty and Responsibilities.

What This Limited Warranty Covers.

Your Responsibilities.

Disclaimer, Limitation on Liability.

Arbitration.

Warrantor.

Products Covered by This Limited Warranty.

Who This Warranty Extends To.

Helix's Limited Warranty and Responsibilities.

What This Limited Warranty Covers.

Your Responsibilities.

Disclaimer, Limitation on Liability.

Arbitration.

Governing Law.

Warrantor.

Products Covered by This Limited Warranty.

This limited warranty extends to pillows manufactured by Brooklyn Bedding, LLC d/b/a Helix ("Helix") and purchased directly from Helix or Helix's authorized retailers (the "Pillows"). Pillows are designed to work on any mattress.

Who This Warranty Extends To.

This limited Warranty extends to the original purchaser of any Pillow 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 Pillow is owned by the original purchaser of the Pillow. The "original purchaser," for the purposes of this warranty, is the first purchaser of the Pillow 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 Pillow 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 Pillow is purchased by you, when the Pillow 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 Pillow 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 in either the outer shell or inserts, or any other normal wear and tear.

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 Pillow (whether manufactured by Helix or not) sold by resellers who are not authorized retailers of Helix.

Pillows sold "as-is", "preconditioned", "reconditioned", "used", "comfort return", "returned", "previously owned", or any other similar wording indicating that the Pillow 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 Pillow 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 limited warranty, you must return your Pillow 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 Pillow. In the event that the Pillow is proven to have a Defect, Helix will reimburse you for shipping costs up to thirty (30) dollars. Pillow must be sent to the address set forth at the end of this limited warranty. Helix will replace and ship your Pillow back to you.

Replaced Pillows are subject to the same limited warranty as the original Pillow. For example, if your obtain a replaced or repaired Pillow that is the same style and price as the original Pillow, then the warranty term of the replaced or repaired Pillow begins from the date of purchase of the original Pillow.

Disclaimer, Limitation on Liability.

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PILLOW 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 PILLOW 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 PILLOW 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.

Products Covered by This Limited Warranty.

Who This Warranty Extends To.

Helix's Limited Warranty and Responsibilities.

What This Limited Warranty Covers.

Your Responsibilities.

Disclaimer, Limitation on Liability.

Arbitration.

Governing Law.

Warrantor.

Products Covered by This Limited Warranty.

This limited warranty extends to sheet sets manufactured by Brooklyn Bedding, LLC d/b/a Helix ("Helix") and purchased directly from Helix or Helix's authorized retailers (the "Sheets"). Sheets are designed to work on any mattress.

Who This Warranty Extends To.

This limited Warranty extends to the original purchaser of any Sheets 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 Sheets are owned by the original purchaser of the Sheets. The "original purchaser," for the purposes of this warranty, is the first purchaser of the Sheets 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 Sheets 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 Sheets are purchased by you, when the Sheets are used normally for their intended purposes.

What This Limited Warranty Covers.

This limited warranty applies to the following Defects: 

Any manufacturing of the Sheets due to faulty workmanship or materials, including rips, tears, or stains.

This limited warranty does not cover the following: 

Wear and tear.

Misuse, abuse, or improper maintenance.

Stains, cuts, tears, liquid damage.

Alteration or repair by unauthorized representatives.

Damage resulting from transit or handling.

Comfort or feel preferences.

Any Sheets (whether manufactured by Helix or not) sold by resellers who are not authorized retailers of Helix.

Sheets sold "as-is", "preconditioned", "reconditioned", "used", "comfort return", "returned", "previously owned", or any other similar wording indicating that the Sheets are 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 replacement Sheets 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 limited warranty, you must return your Sheets 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 Sheets. In the event that the Sheets are proven to have a Defect, Helix will reimburse you for shipping costs up to thirty (30) dollars. Sheets must be sent to the address set forth at the end of this limited warranty. Helix will replace and ship your Sheets back to you. 

Replaced Sheets are subject to the same limited warranty as the original Sheets. For example, if you obtain replaced or repaired Sheets that are the same style and price as the original Sheets, then the warranty term of the replaced or repaired Sheets begins from the date of purchase of the original Sheets.

Disclaimer, Limitation on Liability.

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SHEETS ARE 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 SHEETS OR THEIR 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 SHEETS 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 

30 Irving Place

9th Floor

New York, NY 10003

info@helixsleep.com

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

30 Irving Place

9th Floor

New York, NY 10003

info@helixsleep.com

Products Covered by This Limited Warranty.

Who This Warranty Extends To.

Helix's Limited Warranty and Responsibilities.

What This Limited Warranty Covers.

Your Responsibilities.

Disclaimer, Limitation on Liability.

Arbitration.

Governing Law.

Warrantor.

Products Covered by This Limited Warranty.

Who This Warranty Extends To.

Helix's Limited Warranty and Responsibilities.

What This Limited Warranty Covers.

Your Responsibilities.

Disclaimer, Limitation on Liability.

Arbitration.

Governing Law.

Warrantor.

Products Covered by This Limited Warranty.

Who This Warranty Extends To.

Helix's Limited Warranty and Responsibilities.

What This Limited Warranty Covers.

Your Responsibilities.

Disclaimer, Limitation on Liability.

Arbitration.

Governing Law.

Warrantor.

Products Covered by This Limited Warranty.

This limited warranty extends to wood frames manufactured by Brooklyn Bedding, LLC d/b/a Helix (“Helix”, “we”, “us”) and purchased directly from Helix or Helix's authorized retailers (the "Wood Frames”).

Who This Warranty Extends To.

This limited Warranty extends to the original purchaser of any Wood Frame 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 Wood Frame is owned by the original purchaser of the Wood Frame. The "original purchaser," for the purposes of this warranty, is the first purchaser of the Wood Frame 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 Wood Frame was purchased.

Helix's Limited Warranty and Responsibilities.

Helix warrants the Wood Frame in its original packaging sold to you against the defects in material and workmanship set forth below ("Defects") when your Wood Frame is purchased by you and the Wood Frame 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 Wood Frame, 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 100 day 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.

Wood Frames that are 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 a Wood Frame with multiple components and only one component is defective, then we will only replace the defective component).

Any Wood Frame (whether manufactured by Helix or not) sold by resellers who are not authorized retailers of Helix.

Wood Frames sold "as-is", "preconditioned", "reconditioned", "used", "comfort return", "returned", "previously owned", or any other similar wording indicating that the Wood Frame 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 Wood Frame 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 limited warranty, you must return your Wood Frame to Helix 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 or repairing a Wood Frame. In the event that the Wood Frame is proven to have a Defect, Helix will reimburse you for shipping costs up to one hundred (100) dollars. Wood Frames must be sent to the address set forth at the end of this limited warranty.

Helix will repair or replace (as applicable) and ship your Wood Frame back to you within 90 days of receiving your original Wood Frame.

Replaced or repaired Wood Frames are subject to the same limited warranty as the original Wood Frame. For example, if you obtain a replaced or repaired Wood Frame that is the same style and price as the original Wood Frame, then the warranty term of the replaced or repaired Wood Frame begins from the date of purchase of the original Wood Frame.

Disclaimer, Limitation on Liability.

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE WOOD FRAME 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 WOOD FRAME 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 WOOD FRAME 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

30 Irving Place

9th Floor

New York, NY 10003

info@helixsleep.com

Our partner Dorel warrants this product to be free from defects in material and workmanship and agrees to remedy any such defect. This warranty covers one year from the date of original purchase from authorized retailers. This is solely limited to the repair or replacement of defective parts and assembly labor is not included.

This warranty does not apply to any product which has been improperly assembled, subjected to misuse or abuse or which has been altered or repaired in any way. The warranty does not cover wearing, tearing, fading or splitting of the fabric (where applicable). Liability for consequential damages is excluded to the extent exclusion is permitted by law. This warranty gives you specific legal rights and you may also have other rights which vary from state to state or province to province.

To obtain warranty service, purchaser must present original bill of sale. Components repaired or replaced are warranted through the remainder of the original warranty period only. The defective components will be repaired or replaced without charge, subject to the terms and conditions described above.

Visit dhpfurniture.com to view the limited warranty valid in the U.S.