Smart Comfort 10 Year Limited Mattress Warranty – Best in the Industry
Congratulations on your new Smart Comfort mattress is covered by a 10-year limited warranty. We believe in the quality of our products and we build them to last for years. Still, we realize that sometimes things go wrong. This limited Mattress Warranty gives you specific legal rights.
This limited Mattress Warranty extends to mattresses manufactured by Smart Comfort, purchased directly from Smart Comfort or Smart Comfort authorized retailers, and located in the United States (not including US territories) or Canada (the “Mattresses”).
This non-transferable warranty is for the original purchaser only and is expressly limited as described herein and extends from the original purchase date of the original product purchased.
There are no warranties that extend beyond the description on the face hereof. This warranty is applicable only to mattresses in normal in-home consumer use, and specifically excludes any mattress used for medical or commercial use.
This Limited Warranty does not apply to floor models or “demos” (except as specifically provided herein) or to products sold by unauthorized resellers, including without limitation, unauthorized resellers on third party websites, including, without limitation, Craigslist, eBay, Amazon, etc.
Smart Comfort mattresses are designed to work on a firm, solid-surface, non-spring foundation or adjustable bed base that is structurally capable of supporting the weight of purchaser’s Smart Comfort mattress and user(s). This Limited Warranty and other performance warranties are based on tests conducted on “sets” that consist of our mattresses and our foundations/adjustable bed bases.
THEREFORE, IF PURCHASER USES INAPPROPRIATE FOUNDATIONS, BOX SPRINGS, ADJUSTABLE BED BASES, OR BED FRAMES WITH THE MATTRESS, SUCH USE WILL VOID THIS LIMITED WARRANTY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
This Limited Warranty covers the following items during normal wear:
- Deterioration causing the Mattress to have a visible indentation greater than one (1) inch that is not associated with an indentation or sag which results from use of an improper or unsupportive foundation or adjustable bed base.
- Any physical flaw in the Mattress that causes the foam material to split or crack, despite normal usage and proper handling
- Any manufacturing defect in the zipper assembly of the Mattress Cover.
- Smart Comfort will not charge purchaser to repair or replace purchaser’s mattress if it is reasonably deemed by Smart Comfort to be defective according to the terms herein during the first ten (10) years since the original purchase. Any to-or-from transportation handling and costs and inspection costs associated with repairs or replacements are the responsibility of purchaser.
THIS LIMITED WARRANTY DOES NOT COVER:
- Comfort preference.
- Physical abuse or damage to the structure and/or cover material, including but not limited to, burns, cuts, tears, liquid damage, or stains. However if there is a warranty defect not caused by the abuse or damage then the mattress would be covered under the standard warranty.
- Damage associated with an improper bed frame, foundation, or adjustable base. See above description and illustrations for a proper bed frame.
- Replacement of the accompanying piece in the Smart Comfort mattress where only one piece is defective, unless that accompanying piece is also defective.
- Floor models or demonstration samples (“demos”) sold at a discount (See separate warranty for demos and floor models).
PRODUCT REPLACEMENT TERMS
Except as otherwise provided herein, Smart Comfort will not charge purchaser to repair or replace purchaser’s mattress or flat foundation if it is deemed defective during the length of this 10 year Limited Warranty, but any transportation costs associated with repairs or replacements are purchaser’s responsibility.
No new warranty is provided with a replacement product. The warranty for the replacement product runs from the date of original purchase of the replaced product.
Return shipping/delivery fees apply to any permitted returns. Any permissible return must be authorized first. No unauthorized returns are allowed. Contact the Smart Comfort® Customer Service Center at (954) 628-3628 to obtain a Return Service Order (RSO) number before returning any product to us.
Additional Limitations on Warranty Coverage
In the event a warranty claim is filed and a warranty replacement is deemed necessary, purchaser will be required to surrender the original product to Smart Comfort at the time of replacement. Smart Comfort SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT OR ARISING OUT OF ANY BREACH OF THIS WARRANTY; THE EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY SHALL BE REPLACEMENT OR CREDIT TOWARDS REPLACEMENT AS SET FORTH HEREIN. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THE WARRANTY DESCRIBED ON THE FACE OF THIS LIMITED WARRANTY.
Binding Arbitration and Class Action Waiver for U.S. Residents
(a) This section applies to any dispute except it does not include a Dispute relating to the enforcement or validity of your, Smart Comfort, or any of our licensors’ intellectual property rights. “Dispute” means any dispute, action, or other controversy between you and Smart Comfort concerning your Smart Comfort mattress or this warranty, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
(b) In the event of a dispute, you or Smart Comfort must give the other a Notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to Smart Comfort Company LLC, 516 Malcolm Chandler Lane #112, West Palm Beach, FL 33401 United States. Smart Comfort will send any Notice of Dispute to You by U.S. Mail to Your address if we have it or to your e-mail address if we have it. You and Smart Comfort will attempt to resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or Smart Comfort may commence arbitration.
(c) You may also litigate any dispute in small claims court in your county of residence or Broward County, Florida if the dispute meets all requirements to be heard in the small claims court. You may litigate in small claims court whether or not you negotiated informally first.
(d) If you and Smart Comfort do not resolve any dispute by informal negotiation or in small claims court, any other effort to resolve the dispute will be conducted exclusively by binding arbitration. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
(e) Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither You nor Smart Comfort will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
(f) Any arbitration will be conducted by the American Arbitration Association (the“AAA”) under its Commercial Arbitration Rules applying U.S. Federal Rules of Procedure and U.S. Federal Rules of Evidence. The AAA Supplementary Procedures for Consumer-Related Disputes will also apply. For more information, see www.adr.org or call 1-954-628-3628. You agree to commence arbitration only in your county of residence or in Palm Beach County, Florida. Smart Comfort agrees to commence arbitration only in your county of residence. You may request a telephonic or in-person hearing by following the AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim.
(g) Smart Comfort will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses as provided below. If you reject Smart Comfort last written settlement offer made before the arbitrator was appointed (“Smart Comfort last written offer”), your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than Smart Comfort last written offer, Smart Comfort will give you three incentives: (i) pay the greater of the award or $5,000; (ii) pay twice your reasonable attorney’s fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration. The arbitrator will determine the amount of fees, costs, and expenses unless you and Smart Comfort agree on them. For purposes of this limited warranty, an email shall be considered a written communication.
(h) In any arbitration you commence, Smart Comfort will seek its AAA or arbitrator’s fees and expenses, or your filing fees it reimbursed, only if the arbitrator finds the arbitration frivolous or brought for an improper purpose. In any arbitration Smart Comfort commences, Smart Comfort will pay all filing, AAA, and arbitrator’s fees and expenses. Smart Comfort may also seek its attorney’s fees or expenses from you in any arbitration. Fees and expenses are not counted in determining how much a dispute involves.
(i) This warranty governs to the extent it conflicts with AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes.
(j) To the extent permitted by law, any claim or dispute under this Limited Warranty must be filed within one year in small claims court, an arbitration proceeding, or in court, if so permitted herein. The one-year period begins when the claim or Notice of Dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.
(k) If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then it will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
All parts of this Limited Warranty apply to the maximum extent permitted by law or unless prohibited by law. This Limited Warranty gives the purchaser specific legal rights, and the purchaser may also have other rights, which may vary from state to state.
You may contact Smart Comfort Customer Service Department by calling toll-free (954) 628-3628 or by sending an email to firstname.lastname@example.org
PLEASE RETAIN THIS LIMITED WARRANTY AND ORIGINAL PROOF OF PURCHASE FOR AT LEAST 10 YEARS FROM YOUR DATE OF PURCHASE.