DwellSleep™ Mattress Limited Warranty

Your new DwellSleepTM Mattress (the “Mattress”) is covered by a 10-Year Limited Warranty after you take delivery of your new Mattress. Elite Comfort Solutions, LLC (“Manufacturer”, “we” or “our”) warrants that your Mattress is free from manufacturing defects in workmanship or materials, subject to the terms, conditions and exclusions of this Limited Warranty. If your Mattress has a defect that is covered under this Limited Warranty, Manufacturer will replace or repair it as outlined herein. The details of this Limited Warranty, its coverage, and any exclusions or limitations are provided in the complete warranty statement below or online at www.dwellsleep.com.  This Limited Warranty gives you specific legal rights, and you may also have other rights, which vary from state to state.

Manufacturer extends this limited warranty only to the consumer who originally purchased the Mattress (“You”) for Your own use, and not for resale. It does not extend to any subsequent owner or other transferee of the Mattress. You shall not assign any rights or obligations You may have under this Limited Warranty. This Limited Warranty is valid solely in the United States.

If service of your Mattress is required, you must make a claim in writing (a “Claim”) sent either to the mailing address specified below or by e-mail to the e-mail address specified below. Any Claim must include proof of purchase (either the purchaser’s receipt or comparable digital confirmation showing date of purchase, retailer and product model) and describe the alleged defect with particularity and provide photographs showing (a) the alleged defect, (b) the law tag of the Mattress and (c) the support on which the Mattress was used, such as a bed frame or adjustable base. Manufacturer reserves the right to require additional information or materials from you regarding your Claim, including without limitation proof of the adequacy of the support used for the Mattress and requiring you to return the Mattress (or a portion thereof specified by Manufacturer) to the Manufacturer as instructed by the Manufacturer. Manufacturer will pay applicable shipping costs only if Manufacturer specifically instructs you to ship the Mattress (or a specified portion thereof) and only if you ship the Mattress (or a specified portion thereof) as instructed by Manufacturer. Notwithstanding anything else herein, Manufacturer shall have no obligation under this Limited Warranty if you do not provide requested information or materials. Sagging or body impressions that measure one inch (1”) or greater shall constitute a defect, but only if the Mattress has been continuously supported by a firm non-spring foundation, bed frame or adjustable bed base that is structurally capable of supporting the weight of the mattress, user(s) and foundation and base with (x) either a solid surface (but not the floor) or slats no more than 4 inches (4”) apart; Full, Queen, King or California King size DwellSleep™ Mattresses also require a center supporting leg for any slat, (y) adequate center support for a Full, Queen, King or California King size DwellSleep™ Mattress and (z) at least 7 legs for King and California King DwellSleep™ Mattresses, at least 5 legs for Queen,  DwellSleep™ Mattresses, and at least 4 legs for Twin and Full DwellSleep™ Mattresses.

This Limited Warranty starts on the date of delivery of Your Mattress (the “Warranty Commencement Date”) and lasts for ten (10) years from that date, as contemplated herein (the “Warranty Period”). Any repair to, or replacement of, the Mattress under the terms of this Limited Warranty shall not extend the Warranty Period (this limitation may not apply in some states). The Manufacturer may change the availability of this Limited Warranty at its discretion, but any changes will not be retroactive.

If defective in workmanship or material (subject to the terms, conditions and limitations set forth in this Limited Warranty), the Mattress will be repaired or replaced, at Manufacturer’s option, subject to charges to You as detailed below and excluding transportation and inspection costs. If the Mattress purchased is not available at the time of replacement, another model of comparable quality and value will be selected. No Claims may be made hereunder after the expiration of the Warranty Period.

This Limited Warranty does not cover anything not expressly provided in this Limited Warranty, including, but not limited to:

  • transportation and inspection costs, except as specifically instructed or authorized by Manufacturer;
  • mishandling, misuse or abuse of the Mattress or any repair or modification of the Mattress by a person not authorized by Manufacturer;
  • Mattresses used in hotels, motels or institutional facilities;
  • Mattresses sold “as is”, floor samples, or sold by any party other than an authorized retailer;
  • bedding height or sheet fit;
  • comfort;
  • sagging or body impressions that measure less than one inch (1”) or any damage to a Mattress due to insufficient support;
  • staining, soiling, liquid or fluid penetration, tears or burns;
  • normal changes in softness and recovery time associated with certain materials over time;
  • disposal of a Mattress;
  • failure to follow the product instructions or to perform any preventive maintenance;
  • any product failure caused by factors other than defective workmanship or materials; and
  • damage to a Mattress resulting from accidents, abuse, natural or other disasters, act of God or other actions or events beyond the Manufacturer’s reasonable control.

For the health and safety of anyone who would be required to dispose of, or otherwise handle, the Mattress, Manufacturer may refuse to inspect any Mattress to assess whether it is covered by this Limited Warranty if such Mattress is in an unsanitary condition (due to blood or bodily fluid stains or soiling, infestation or other abuse or conditions) or if the Mattress exhibits stains or soiling of unknown origin or nature, in which case Manufacturer reserves the right to deny warranty coverage.

Allowing water or other liquids to penetrate Your mattress may damage the fabric or the layers of upholstery, causing materials to compress. This may result in damage that will invalidate Your warranty. Manufacturer reserves the right to refuse service and invalidate the warranty when the product failure is caused by factors other than defective workmanship or materials.

LIMITATION OF LIABILITY

THE REPAIR OR REPLACEMENT DESCRIBED ABOVE SHALL BE THE SOLE REMEDY OF THE PURCHASER UNDER THIS LIMITED WARRANTY. THERE SHALL BE NO LIABILITY ON THE PART OF MANUFACTURER FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR ANY OTHER DAMAGE, CLAIM OR LOSS NOT EXPRESSLY COVERED BY THE TERMS OF THIS LIMITED WARRANTY (INCLUDING, WITHOUT LIMITATION, REIMBURSEMENT FOR INCONVENIENCE, REMOVAL, INSTALLATION, SETUP TIME, LOSS OF USE OR SHIPPING.). MANUFACTURER MAKES NO OTHER WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, BEYOND THAT SET FORTH IN THIS LIMITED WARRANTY.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

DISPUTE RESOLUTION AND BINDING ARBITRATION; CLASS ACTION WAIVER

IN THE EVENT OF A DISPUTE IN CONNECTION WITH THIS LIMITED WARRANTY, YOU MUST USE THE FOLLOWING DISPUTE RESOLUTION PROCESS. THIS LIMITED WARRANTY CONTAINS AN ARBITRATION PROVISION THAT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.

(a) YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) BETWEEN YOU AND MANUFACTURER ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF THE MATTRESS, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

(b) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified herein. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of You and the Manufacturer and may be entered as a judgment in any court of competent jurisdiction. If You prevail or the Manufacturer prevails on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to You or to the Manufacturer under the standards for fee shifting provided by law.

(c) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR MANUFACTURER WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

You acknowledge and agree that You are waiving any ability to join or consolidate Your claim(s) in arbitration with the claim(s) of any other person and to bring any claim(s) on a class basis, in a representative capacity, on behalf of the general public, or on behalf of any other person.

(d) If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

Manufacturer Contact Information:

Name: Elite Comfort Solutions, LLC

Website: www.DwellSleep.com

E-mail: support@dwellsleep.com

Telephone: 888-233-2128

Mailing Address:
Elite Comfort Solutions, LLC
1115 Farrington Street,
Conover, NC 28613

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