Milton Sleep Company (sometimes also referred to herein as “we,” “us” or similar terms) is proud of the quality and craftsmanship of our mattresses and is pleased to extend this Limited Warranty on your new Milton Sleep Company mattress (the “Mattress”) on the terms and conditions set forth below. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
Who is entitled to this Limited Warranty?
We extend this Limited Warranty to the consumer who originally purchased the Mattress from us via our online store (“you”) and only while the Mattress is owned by you and in your possession in the contiguous United States. This Limited Warranty is non-transferrable.
What is covered by this Limited Warranty?
We warrant to you that, for a period of ten (10) years from the date of purchase of the Mattress (such period, the “Warranty Period”), the Mattress will be free from defects in materials and workmanship as set forth below when the Mattress is used normally for its intended purposes in the home and continuously supported by a proper foundation/bed frame, subject to the exclusions described in the “What is NOT covered by this Limited Warranty” section below.
For purposes of this Limited Warranty, a “defect in materials and workmanship” means any of the following: (a) with respect a smooth-top Mattress, any sagging or body impressions that measure three-quarters of an inch (¾”) or greater only if the Mattress has been continuously supported by a proper foundation/bed frame; (b) with respect to a quilted-top Mattress, any sagging or body impressions that measure one and one-half inches (1 ½”) or greater only if the Mattress has been continuously supported by a proper foundation/bed frame; and (c) any manufacturing defect that causes a broken zipper assembly or fabric tearing of the Mattress when used normally for its intended purposes in the home and continuously supported by a proper foundation/bed frame. Please note that any zippered cover of the Mattress should never be removed.
The Mattress is designed to work on a firm, solid surface foundation, or bed frame with slats that are no more than two (2) inches apart, that is structurally capable of supporting the weight of the Mattress and the user upon it. In addition, if the Mattress is a queen or king size mattress, then the foundation/bed frame used must include a center bar support that extends to the floor. Use of any foundation/bed frame with your Mattress that does not satisfy these requirements will not be considered to be a “proper foundation/bed frame,” may damage your Mattress, and will void eligibility for coverage under this Limited Warranty.
What is NOT covered by this Limited Warranty?
This Limited Warranty does not apply to, or otherwise cover any defect, failure, loss or damage to the Mattress due to, any of the following:
use other than normal intended use of a mattress in the home (e.g., commercial use, such as in hotels, motels or institutional facilities, is not covered);
use of an improper foundation/bed frame;
accident, misuse, abuse or neglect;
comfort preference;
minor imperfections or cosmetic flaws that do not prevent normal use for its intended purposes;
changes in softness and recovery time associated with foam and latex materials over time;
with respect a smooth-top Mattress, any sagging or body impressions that measure less than three-quarters of an inch (¾”); and
with respect to a quilted-top Mattress, any sagging or body impressions that measure less than one and one-half inches (1 ½”).
What are your remedies under this Limited Warranty?
In the event that a covered defect in the Mattress occurs during the Warranty Period, and you properly make a warranty claim within the Warranty Period, we will, at our sole discretion, either (a) repair the defective Mattress or (b) provide a replacement mattress for the defective Mattress, in each case, free of charge to you. Any replacement mattress will be the closest then-available equivalent to the original Mattress, but may not exactly match the original Mattress. Delivery of any replacement mattress to you will be made via our standard delivery option and only to locations in the contiguous United States. The Limited Warranty on any repaired or replacement mattress (including, without limitation, any repaired or replaced component part) will extend for the remaining portion of the Warranty Period applicable to the original Mattress.
What must you do in order to make a warranty claim?
During the Warranty Period, you may make a claim for warranty coverage by delivering written notice of the claimed defect to us via email at [insert email]. Your notice must include the following information: (a) your full name, address, phone number and email address; (b) a description of the Mattress, date of purchase and proof of purchase; and (d) a detailed description of the alleged defect with the Mattress, including photos that show the items claimed as defective. You will allow us and/or representatives to inspect the Mattress, and otherwise reasonably cooperate with us, in order to evaluate your claim for warranty coverage. You are solely responsible for the donation, recycling or disposal of the defective Mattress.
Additional Disclaimers and Limitations on Liability
TO THE EXTENT NOT PROHIBITED BY LAW, THIS LIMITED WARRANTY REPRESENTS THE EXCLUSIVE OBLIGATION OF MILTON SLEEP COMPANY WITH RESPECT TO THE MATTRESS AND IS IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY AND TO THE EXTENT NOT PROHIBITED BY LAW, MILTON SLEEP COMPANY DOES NOT MAKE ANY, AND HEREBY EXPRESSLY DISCLAIMS ALL, WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE MATTRESS AND ITS USE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY OF NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM USAGE OF TRADE OR COURSE OF DEALING. SOME STATES DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR JURISDICTION, WE LIMIT THE DURATION OF SUCH WARRANTIES TO THE DURATION OF THE WARRANTY PERIOD STATED ABOVE IN THIS LIMITED WARRANTY.
IN NO EVENT WILL MILTON SLEEP COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES FOR LOSS OF REVENUE OR PROFIT, OR LOSS OF TIME OR BUSINESS, ARISING OUT OF OR RELATING TO THE PRODUCT AND/OR ITS USE, WHETHER LIABILITY IS ASSERTED UNDER THEORIES OF TORT, STRICT LIABILITY, CONTRACT, WARRANTY OR OTHERWISE. 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.
Arbitration
You acknowledge and agree that this Limited Warranty is incorporated into our Terms and Conditions and is subject to the provisions set forth therein, including the provisions of Section 17 (Binding Arbitration and Class Action Waiver) which require arbitration of any disputes or claims in any way arising out of or relating to this Limited Warranty.
