10 Year Limited Warranty
BEAR MATTRESS LLC
10 YEAR LIMITED WARRANTY
Congratulations upon your recent purchase of your Bear Mattress! We are confident that you will enjoy it for many years to come. Please retain this paperwork for future reference.
Bear Mattress warrants that it will, at its option, and at its expense, repair or replace this mattress should it be determined to contain a defect covered by the terms of this Limited Warranty, for a period of ten (10) years, such time dating from the date of the product purchase and as evidenced by appropriate documentation.
This warranty extends only to the initial, “original” purchaser of this product and not to any possible future owner(s) of the product. For purposes of this warranty an “original” purchaser is the individual or entity who purchased this mattress from Bear Mattress directly or, as the case may be, from an authorized Bear Mattress distributor or dealer. Further, this warranty is limited to those instances in which the mattress has been used only as intended, and not been misused, and only when it has been used on a flat, firm and appropriate surface and in instances in which the mattress and its users have both adequately supported by a suitable bed frame. Proof of purchase will be required in instances of warranty claims. Bear Mattress will repair or replace, at its option, and at its expense, any mattress found to be defective within the terms of this Limited Warranty within thirty (30) days dating from its receipt of the returned mattress. Shipping costs associated with the replacement product will be borne by Bear Mattress. Any shipping costs incurred with the return of a mattress covered by this Limited Warranty will be borne by the purchaser
Specifically, Bear Mattress warrants that this mattress is free of defects. For purposes of this Limited Warranty, a defect includes “sinkage” or “indentations” measuring more than one inch deep, cracks or splits of the foam of the mattress, or physical flaws associated with the zipper which appear within the time frame of this Limited Warranty and is not due to any abuse or misuse by the users, including the lack of proper support of the mattress.
This Limited Warranty does NOT include damage due to the product due to improper support of the mattress, or to any damage caused by roughhousing or other misuse, including, but not limited to: burns, spills, bodily fluids, cuts, etc, nor does it include dissatisfaction due to subjective comfort. In addition, this Limited Warranty does not cover deterioration of the mattress due to normal wear and tear.
This Limited Warranty does not apply to the use of product in a commercial setting such as a hotel, bed and breakfast, motel, hospital, nursing home, group home, etc. Commercial warranty terms apply in such a case and not the terms of this Limited Warranty.
Any product replacement under the terms of this Limited Warranty will be that of substantially similar, if not exactly identical, product. For example if the ticking of the replacement mattress is different than that of the original mattress, the ticking of the replacement product will be of a nature such that it is comparable to that of the original product. In the event that you, the original purchaser, choose a more expensive mattress model as replacement product under the terms of this Limited Warranty, you, the original purchaser, shall be charged the price differential.
Except where prohibited by state or local law, this Limited Warranty does not extend to any mattress sold as “Final” or “As Is” because it had been a floor sample, demonstration model, etc.
BEAR MATTRESS COMPANY SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT OR ARISING OUT OF ANY BREACH OF THIS LIMITED 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, INC LUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THE WARRANTY DESCRIBED ON THE FACE OF THIS LIMITED WARRANTY. IN ANY CASE, THE EXTENT OF LIABILITY ON THE PART OF BEAR MATTRESS WILL BE LIMITED TO THAT OF THE PURCHASE PRICE OF THE PRODUCT.
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. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
To file a claim under the terms of this Limited Warranty, please contact Bear Mattress at 1-844-311-0035 or by emailing us at email@example.com. Please have your proof of purchase documentation ready and available. In the event that a warranty claim is filed and a product replacement is deemed necessary, purchaser must surrender the original product to Bear Mattress.
PLEASE RETAIN THIS LIMITED WARRANTY AND YOUR ORIGINAL PROOF OF PURCHASE FOR AT LEAST 10 YEARS FROM YOUR DATE OF PURCHASE.