Warranties

As of February 1, 2021

Bear Original Warranty

Click here to download the warranty

Beginning on the date of purchase, your new Bear Original and Bear Pro Mattress (the "Mattress") are covered by a 10-year limited warranty (the "Mattress Warranty"). This Mattress Warranty extends to the original purchaser of the Mattress and extends to all mattresses purchased directly from Bear Mattress, LLC ("Bear Mattress"). The "original purchaser" for the purposes of this Mattress Warranty is the first purchaser of the Mattress from Bear Mattress. This Mattress Warranty is not transferable and applies only to a mattress purchased from Bear Mattress by the original purchaser. Bear Mattress warrants the Mattress against defects in material and workmanship set forth below ("Defects") for a period of 20 years. If your Mattress has a defect covered under this Mattress Warranty, Bear Mattress’ sole and exclusive liability (and your sole remedy under this Mattress Warranty) will be, at Bear Mattress’ option, to repair the mattress or provide a replacement Mattress, subject to your fulfillment of your responsibilities as set forth herein. In the event Bear Mattress chooses to replace the Mattress, 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 Bear Mattress’ discretion, will be used as a replacement for the defective Mattress.

YOUR RESPONSIBILITIES

The Mattress Warranty begins at the time the Mattress is purchased by you, when the Mattress is used normally for its intended purposes and on a rigid, solid surface or slatted bed base that is structurally capable of supporting the weight of the Mattress and user(s). A proper bed frame is defined, for the purpose of this Mattress Warranty, as having at least five to six (5-6) leg support for a Queen, King, and California King Mattress, four (4) leg support for Twin, Twin XL and Full Mattresses. For Queen, King, and California King slatted style bed frames, there cannot be greater than four and half (4.5) inches between each slat in order to provide ample structural support for the foundation and user(s). Each slat needs to be a minimum of two and a half (2.5) inches wide. In the case of a Mattress that is packaged in a compressed and rolled manner, also referred to as a "bed-in-a-box", your Mattress Warranty is valid if your product was opened within thirty (30) days of receiving the Mattress to prevent compression for an extended period of time. A Mattress that is compressed for a prolonged period will have structural damage and/or condensation from being packaged for an extended period of time. Bear Mattress makes no medical or health claims regarding its Mattresses. Allergies, discomfort, or other conditions, are not covered under this Mattress Warranty. Any questions or concerns regarding medical or health conditions should be addressed by a licensed physician. Users must rotate their Mattress head-to-toe, once a month for the first six months, then every other month for the life of the Mattress, to ensure even wear. Failure to do so may void the Mattress Warranty. In the event of the issuance of a replacement Mattress, Bear Mattress may ask you to donate the used Mattress to charity to help repurpose the Mattress for someone in need. In that case, you will be required to provide a written receipt or proof of return, disposal or donation of the original, defective Mattress, from a legitimate organization, before any replacement mattress or refunds will be issued. This Mattress Warranty is not transferable and applies only to a mattress purchased from Bear Mattress by the original purchaser.

DEFECTS COVERED UNDER THE MATTRESS WARRANTY:

  1. Any VISIBLE indentation equal or greater than one and a half (1.5) inches that is NOT associated with or resulting from a faulty, improper or unsupportive foundation, box spring or platform that is not designed or constructed so that it is capable of handling the combined weight of the foundation and its intended users. The indentation must be visible to the naked eye when no weight is applied to the top of the Mattress. If the purchaser uses an inappropriate foundation, box spring or base as determined by Bear Mattress, the Mattress Warranty, without limitation, will be void. Bear Mattress may require the purchaser to provide proof of the quality of the foundation, box spring or base used.
  2. Any physical flaw in the foam that causes it to split or crack under conditions of normal use and proper handling.
  3. Any manufacturing defect in the Mattress cover such as the fabric tearing or stitching unraveling. Any cosmetic damages to the Mattress, NOT caused by normal wear and tear or that affect the performance of the Mattress.

THIS MATTRESS WARRANTY DOES NOT COVER:

  1. Normal wear and tear or any condition resulting from misuse or abuse of the Mattress or failure to keep the Mattress clean and free of stains and potentially unsanitary conditions.
  2. A normal increase in softness due to normal usage.
  3. Comfort preference. Any comfort level description of any Mattress is solely provided as a guideline and Bear Mattress does not guarantee the firmness or softness quality of any Mattress, nor does it warrant that a particular comfort preference will be to your liking.
  4. Mold, odors, and/or discoloration caused by abnormal care including, but not limited to liquid spills, improper ventilation including, but not limited to humid climates and/or areas where the Mattress is exposed to excessive water or humidity.
  5. Damage associated with an improper bed frame, foundation, box spring, or base as determined by Bear Mattress.
  6. Imperfections that do not prevent ordinary use and enjoyment of the Mattress by a reasonable person are not considered to be defects. For example, surfaces may not be perfectly even, and corners may not be perfectly shaped or symmetrical. These are not defects for which you can seek a remedy under this Mattress Warranty. More specifically, this Mattress Warranty excludes: (a) minor imperfections and slight cosmetic flaws; (b) normal wear and tear; (c) tears, stains, soiling, burns, and discoloration that occur over time; (d) dampness or mold; (e) individual or personalized preferences relating to firmness, texture, comfort, etc.; (f) normal body impressions not greater than one and a half (1.5) inches in the Mattress as measured below the quilt level — in other words, some settling of the fiber and foam in the quilt should be expected and is not considered a defect); (g) individual or personalized allergies and sensitivities; and (h) naturally occurring cotton, polyester and/or foam aromas.
  7. In addition, this Mattress Warranty does not cover conditions resulting from abusive handling, misuse, or neglect. Accordingly, the following circumstances, if discovered upon inspection, will void your Warranty: (a) any unsanitary condition; (b) burns; (c) use of the Product on an improper bed frame; (d) physically abusing the Mattress; (e) attempting to clean the Mattress in an inappropriate manner; and (f) improper storage of the Mattress (including storage in damp locations, areas infested with insects or rodents, or any other unprotected storage areas); and (g) purchase from resellers who are not authorized retailers.

FULL COVERAGE — NON-PRORATED

During the ten (10) years of the Mattress Warranty, Bear Mattress will not charge purchaser to repair or replace purchaser’s mattress if it qualifies under the Mattress Warranty. This period is non-prorated which means that Bear Mattress does not charge a percentage of the repair costs or replacement product based on the amount of time you slept on the mattress prior to noticing a defect. 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 Bear Mattress’ 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. If applicable, a replacement mattress ends your sleep trial.

MAKING A CLAIM

To make a valid claim under this Mattress Warranty, you must: Fill out a warranty claim form supplied when you contact claims@bearmattress.com. All requirements are listed on the warranty claim form. Requirements include, but are not limited to, a narrative describing the defect and how it is affecting the performance of the Mattress, as well as:

  1. Valid original proof of purchase demonstrating date of purchase and that the claimant is the original purchaser and still has the bed.
  2. Photographic evidence of the law tag evidencing that the law tag remains on the bed and has not been altered.
  3. Photos of the mattress, base, and defect, in accordance with the warranty. All measurements must be measured with a tailor tape. Our products have curves and thus a standard tape measure does not suffice.

Please send all requested documentation to claim@bearmattress.com. You are responsible for submitting your claim with sufficient supporting documentation for Bear Mattress to provide a remedy if necessary. Bear Mattress reserves the right, in Bear Mattress’ sole discretion, to require photographs, further information or descriptions, or to send a representative or independent Mattress inspector to physically inspect the Mattress prior to accepting your claim under this Mattress Warranty. Your Mattress Warranty may be voided if you refuse to cooperate with an investigation, provide adequate responses to requests, or comply with any provision of this Mattress Warranty. The serviceable area for all Bear Mattress, LLC products is addresses within the 50 states of the United States only, including Alaska and Hawaii. If your Bear Mattress, LLC product is located outside the USA, you are responsible for any costs associated with pick-up and return.

DISCLAIMER: LIMITATIONS ON LIABILITY

To the maximum extent permitted by applicable law, Bear Mattress and its authorized resellers, distributors, and/or suppliers make no representations, warranties or conditions, express or implied, beyond those set forth in this warranty and non-puffery claims in Bear Mattress marketing materials. Each of those parties disclaims any and all warranties or conditions, express, statutory and implied. Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you. There are no warranties that extend beyond the face of this document. In no event will Bear Mattress or its resellers, distributors, and/or suppliers be liable for any damages, including without limitation any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from your or any third party's purchase and/or use of the product, even if Bear Mattress or such other party has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) negligence, or (4) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. Some jurisdictions do not allow the limitation or exclusion of certain damages, warranties or conditions, so some of the above limitations may not apply to you. In no case shall Bear Mattress' liability exceed the purchase price paid for the mattress giving rise to any such liability.

ARBITRATION

If a dispute arises between you and Bear Mattress arising out of or relating to this Mattress Warranty, that dispute will be resolved in accordance with the general dispute resolution provisions of the Bear Mattress terms of service. The arbitration conducted pursuant to this provision will be deemed final and binding and will not be subject appeal absent extraordinary circumstances. You must seek arbitration for disputes arising out of this Mattress Warranty prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act or any state law relating to consumer product warranties. As in all other dispute situations under the Bear Mattress terms of service, an arbitration concerning a dispute arising out of or relating to this Mattress Warranty will not be combined with any other proceeding or arbitration against one of the parties. In addition, to the maximum extent permitted by applicable law, you will only be permitted to assert your own claim, and may not appear as a representative of the interests of any other person, entity or class of consumers (including a private attorney general or otherwise). Some states do not allow the exclusion or limitation of incidental or consequential damages in connection with the sale of consumer products, so the above limitation or exclusion of incidental or consequential damages may not apply to you.

GOVERNING LAW

This limited Mattress Warranty will be governed by the laws of the State of New Jersey.

WARRANTOR

Bear Mattress, LLC 720 Monroe St, Ste. C508, Hoboken, NJ 07030 claims@bearmattress.com

For purchases made prior to February 1, 2021 click here for warranty.

Bear Hybrid

Click here to download the warranty

Beginning on the date of purchase, your new Bear Hybrid Mattress (the "Mattress") is covered by a 20-year limited warranty (the "Mattress Warranty"). This Mattress Warranty extends to the original purchaser of the Mattress and extends to all Bear Hybrid purchased directly from Bear Mattress, LLC ("Bear Mattress"). The "original purchaser" for the purposes of this Mattress Warranty is the first purchaser of the Mattress from Bear Mattress. This Mattress Warranty is not transferable and applies only to a mattress purchased from Bear Mattress by the original purchaser. Bear Mattress warrants the Mattress against defects in material and workmanship set forth below ("Defects") for a period of 20 years. If your Mattress has a defect covered under this Mattress Warranty, Bear Mattress’ sole and exclusive liability (and your sole remedy under this Mattress Warranty) will be, at Bear Mattress’ option, to repair the mattress or provide a replacement Mattress, subject to your fulfillment of your responsibilities as set forth herein. In the event Bear Mattress chooses to replace the Mattress, 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 Bear Mattress’ discretion, will be used as a replacement for the defective Mattress.

YOUR RESPONSIBILITIES

The Mattress Warranty begins at the time the Mattress is purchased by you, when the Mattress is used normally for its intended purposes and on a rigid, solid surface or slatted bed base that is structurally capable of supporting the weight of the Mattress and user(s). A proper bed frame is defined, for the purpose of this Mattress Warranty, as having at least five to six (5-6) leg support for a Queen, King, and California King Mattress, four (4) leg support for Twin, Twin XL and Full Mattresses. For Queen, King, and California King slatted style bed frames, there cannot be greater than four and half (4.5) inches between each slat in order to provide ample structural support for the foundation and user(s). Each slat needs to be a minimum of two and a half (2.5) inches wide. In the case of a Mattress that is packaged in a compressed and rolled manner, also referred to as a "bed-in-a-box," your Mattress Warranty is valid if your product was opened within thirty (30) days of receiving the Mattress to prevent compression for an extended period of time. A Mattress that is compressed for a prolonged period will have structural damage and/or condensation from being packaged for an extended period of time. Bear Mattress makes no medical or health claims regarding its Mattresses. Allergies, discomfort, or other conditions, are not covered under this Mattress Warranty. Any questions or concerns regarding medical or health conditions should be addressed by a licensed physician. Users must rotate their Mattress head-to-toe, once a month for the first six months, then every other month for the life of the Mattress, to ensure even wear. Failure to do so may void the Mattress Warranty. In the event of the issuance of a replacement Mattress, Bear Mattress may ask you to donate the used Mattress to charity to help repurpose the Mattress for someone in need. In that case, you will be required to provide a written receipt or proof of return, disposal or donation of the original, defective Mattress, from a legitimate organization, before any replacement mattress or refunds will be issued. This Mattress Warranty is not transferable and applies only to a mattress purchased from Bear Mattress by the original purchaser.

DEFECTS COVERED UNDER THE MATTRESS WARRANTY:

  1. Any VISIBLE indentation equal or greater than one and a half (1.5) inches that is NOT associated with or resulting from a faulty, improper or unsupportive foundation, box spring or platform that is not designed or constructed so that it is capable of handling the combined weight of the foundation and its intended users. The indentation must be visible to the naked eye when no weight is applied to the top of the Mattress. If the purchaser uses an inappropriate foundation, box spring or base as determined by Bear Mattress, the Mattress Warranty, without limitation, will be void. Bear Mattress may require the purchaser to provide proof of the quality of the foundation, box spring or base used.
  2. Any physical flaw in the foam that causes it to split or crack under conditions of normal use and proper handling.
  3. Any manufacturing defect in the Mattress cover such as the fabric tearing or stitching unraveling. Any cosmetic damages to the Mattress, NOT caused by normal wear and tear or that affect the performance of the Mattress.

THIS MATTRESS WARRANTY DOES NOT COVER:

  1. Normal wear and tear or any condition resulting from misuse or abuse of the Mattress or failure to keep the Mattress clean and free of stains and potentially unsanitary conditions.
  2. A normal increase in softness due to normal usage.
  3. Comfort preference. Any comfort level description of any Mattress is solely provided as a guideline and Bear Mattress does not guarantee the firmness or softness quality of any Mattress, nor does it warrant that a particular comfort preference will be to your liking.
  4. Mold, odors, and/or discoloration caused by abnormal care including, but not limited to liquid spills, improper ventilation including, but not limited to humid climates and/or areas where the Mattress is exposed to excessive water or humidity.
  5. Damage associated with an improper bed frame, foundation, box spring, or base as determined by Bear Mattress.
  6. Imperfections that do not prevent ordinary use and enjoyment of the Mattress by a reasonable person are not considered to be defects. For example, surfaces may not be perfectly even, and corners may not be perfectly shaped or symmetrical. These are not defects for which you can seek a remedy under this Mattress Warranty. More specifically, this Mattress Warranty excludes: (a) minor imperfections and slight cosmetic flaws; (b) normal wear and tear; (c) tears, stains, soiling, burns, and discoloration that occur over time; (d) dampness or mold; (e) individual or personalized preferences relating to firmness, texture, comfort, etc.; (f) normal body impressions not greater than one and a half (1.5) inches in the Mattress as measured below the quilt level — in other words, some settling of the fiber and foam in the quilt should be expected and is not considered a defect); (g) individual or personalized allergies and sensitivities; and (h) naturally occurring cotton, polyester and/or foam aromas.
  7. In addition, this Mattress Warranty does not cover conditions resulting from abusive handling, misuse, or neglect. Accordingly, the following circumstances, if discovered upon inspection, will void your Warranty: (a) any unsanitary condition; (b) burns; (c) use of the Product on an improper bed frame; (d) physically abusing the Mattress; (e) attempting to clean the Mattress in an inappropriate manner; and (f) improper storage of the Mattress (including storage in damp locations, areas infested with insects or rodents, or any other unprotected storage areas); and (g) purchase from resellers who are not authorized retailers.

YEARS 1-10: FULL COVERAGE — NON-PRORATED

During the first ten (10) years of the Mattress Warranty, Bear Mattress will not charge purchaser to repair or replace purchaser’s mattress if it qualifies under the Mattress Warranty. This period is non-prorated which means that Bear Mattress does not charge a percentage of the repair costs or replacement product based on the amount of time you slept on the mattress prior to noticing a defect.

YEARS 11-20: LIMITED COVERAGE — PRORATED

During years 11-20 of the Mattress Warranty, Bear Mattress will, at its option, replace the mattress at a prorated charge to the purchaser in addition to transportation and/or shipping charges. The prorated replacement charged will be dependent on the year that the Mattress is replaced. If the Mattress is replaced during the eleventh (11th) year, the prorated replacement charge the purchaser pays will be fifty-five (55) percent of the original purchase price. If the Mattress is replaced after the eleventh (11th) year, but before the twentieth (20th) year, the prorated replacement charge the purchaser pays will increase by five (5) percent for each subsequent year of the prorated period (i.e. 60% of the original purchase price if replaced during year twelve (12); 65% of the original purchase price if replaced during year thirteen (13), etc. If the mattress is replaced in year nineteen 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 Bear Mattress’ 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. If applicable, a replacement mattress ends your sleep trial.

MAKING A CLAIM

To make a valid claim under this Mattress Warranty, you must: Fill out a warranty claim form supplied when you contact claims@bearmattress.com. All requirements are listed on the warranty claim form. Requirements include, but are not limited to, a narrative describing the defect and how it is affecting the performance of the Mattress, as well as:

  1. Valid original proof of purchase demonstrating date of purchase and that the claimant is the original purchaser and still has the bed.
  2. Photographic evidence of the law tag evidencing that the law tag remains on the bed and has not been altered.
  3. Photos of the mattress, base, and defect, in accordance with the warranty. All measurements must be measured with a tailor tape. Our products have curves and thus a standard tape measure does not suffice.

Please send all requested documentation to claim@bearmattress.com. You are responsible for submitting your claim with sufficient supporting documentation for Bear Mattress to provide a remedy if necessary. Bear Mattress reserves the right, in Bear Mattress’ sole discretion, to require photographs, further information or descriptions, or to send a representative or independent Mattress inspector to physically inspect the Mattress prior to accepting your claim under this Mattress Warranty. Your Mattress Warranty may be voided if you refuse to cooperate with an investigation, provide adequate responses to requests, or comply with any provision of this Mattress Warranty. The serviceable area for all Bear Mattress, LLC products is addresses within the 50 states of the United States only, including Alaska and Hawaii. If your Bear Mattress, LLC product is located outside the USA, you are responsible for any costs associated with pick-up and return.

DISCLAIMER: LIMITATIONS ON LIABILITY

To the maximum extent permitted by applicable law, Bear Mattress and its authorized resellers, distributors, and/or suppliers make no representations, warranties or conditions, express or implied, beyond those set forth in this warranty and non-puffery claims in Bear Mattress marketing materials. Each of those parties disclaims any and all warranties or conditions, express, statutory and implied. Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you. There are no warranties that extend beyond the face of this document. In no event will Bear Mattress or its resellers, distributors, and/or suppliers be liable for any damages, including without limitation any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from your or any third party’s purchase and/or use of the product, even if Bear Mattress or such other party has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) negligence, or (4) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. Some jurisdictions do not allow the limitation or exclusion of certain damages, warranties or conditions, so some of the above limitations may not apply to you. In no case shall Bear Mattress' liability exceed the purchase price paid for the mattress giving rise to any such liability.

ARBITRATION

If a dispute arises between you and Bear Mattress arising out of or relating to this Mattress Warranty, that dispute will be resolved in accordance with the general dispute resolution provisions of the Bear Mattress terms of service. The arbitration conducted pursuant to this provision will be deemed final and binding and will not be subject appeal absent extraordinary circumstances. You must seek arbitration for disputes arising out of this Mattress Warranty prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act or any state law relating to consumer product warranties. As in all other dispute situations under the Bear Mattress terms of service, an arbitration concerning a dispute arising out of or relating to this Mattress Warranty will not be combined with any other proceeding or arbitration against one of the parties. In addition, to the maximum extent permitted by applicable law, you will only be permitted to assert your own claim, and may not appear as a representative of the interests of any other person, entity or class of consumers (including a private attorney general or otherwise). Some states do not allow the exclusion or limitation of incidental or consequential damages in connection with the sale of consumer products, so the above limitation or exclusion of incidental or consequential damages may not apply to you.

GOVERNING LAW

This limited Mattress Warranty will be governed by the laws of the State of New Jersey.

WARRANTOR

Bear Mattress, LLC 720 Monroe St, Ste. C508, Hoboken, NJ 07030 claims@bearmattress.com

For purchases made prior to February 1, 2021 click here for warranty.

Bear Pro Mattress Warranty

Click here to download the warranty

Beginning on the date of purchase, your new Bear Original and Bear Pro Mattress (the "Mattress") are covered by a 10-year limited warranty (the "Mattress Warranty"). This Mattress Warranty extends to the original purchaser of the Mattress and extends to all mattresses purchased directly from Bear Mattress, LLC ("Bear Mattress"). The "original purchaser" for the purposes of this Mattress Warranty is the first purchaser of the Mattress from Bear Mattress. This Mattress Warranty is not transferable and applies only to a mattress purchased from Bear Mattress by the original purchaser. Bear Mattress warrants the Mattress against defects in material and workmanship set forth below ("Defects") for a period of 20 years. If your Mattress has a defect covered under this Mattress Warranty, Bear Mattress’ sole and exclusive liability (and your sole remedy under this Mattress Warranty) will be, at Bear Mattress’ option, to repair the mattress or provide a replacement Mattress, subject to your fulfillment of your responsibilities as set forth herein. In the event Bear Mattress chooses to replace the Mattress, 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 Bear Mattress’ discretion, will be used as a replacement for the defective Mattress.

YOUR RESPONSIBILITIES

The Mattress Warranty begins at the time the Mattress is purchased by you, when the Mattress is used normally for its intended purposes and on a rigid, solid surface or slatted bed base that is structurally capable of supporting the weight of the Mattress and user(s). A proper bed frame is defined, for the purpose of this Mattress Warranty, as having at least five to six (5-6) leg support for a Queen, King, and California King Mattress, four (4) leg support for Twin, Twin XL and Full Mattresses. For Queen, King, and California King slatted style bed frames, there cannot be greater than four and half (4.5) inches between each slat in order to provide ample structural support for the foundation and user(s). Each slat needs to be a minimum of two and a half (2.5) inches wide. In the case of a Mattress that is packaged in a compressed and rolled manner, also referred to as a "bed-in-a-box", your Mattress Warranty is valid if your product was opened within thirty (30) days of receiving the Mattress to prevent compression for an extended period of time. A Mattress that is compressed for a prolonged period will have structural damage and/or condensation from being packaged for an extended period of time. Bear Mattress makes no medical or health claims regarding its Mattresses. Allergies, discomfort, or other conditions, are not covered under this Mattress Warranty. Any questions or concerns regarding medical or health conditions should be addressed by a licensed physician. Users must rotate their Mattress head-to-toe, once a month for the first six months, then every other month for the life of the Mattress, to ensure even wear. Failure to do so may void the Mattress Warranty. In the event of the issuance of a replacement Mattress, Bear Mattress may ask you to donate the used Mattress to charity to help repurpose the Mattress for someone in need. In that case, you will be required to provide a written receipt or proof of return, disposal or donation of the original, defective Mattress, from a legitimate organization, before any replacement mattress or refunds will be issued. This Mattress Warranty is not transferable and applies only to a mattress purchased from Bear Mattress by the original purchaser.

DEFECTS COVERED UNDER THE MATTRESS WARRANTY:

  1. Any VISIBLE indentation equal or greater than one and a half (1.5) inches that is NOT associated with or resulting from a faulty, improper or unsupportive foundation, box spring or platform that is not designed or constructed so that it is capable of handling the combined weight of the foundation and its intended users. The indentation must be visible to the naked eye when no weight is applied to the top of the Mattress. If the purchaser uses an inappropriate foundation, box spring or base as determined by Bear Mattress, the Mattress Warranty, without limitation, will be void. Bear Mattress may require the purchaser to provide proof of the quality of the foundation, box spring or base used.
  2. Any physical flaw in the foam that causes it to split or crack under conditions of normal use and proper handling.
  3. Any manufacturing defect in the Mattress cover such as the fabric tearing or stitching unraveling. Any cosmetic damages to the Mattress, NOT caused by normal wear and tear or that affect the performance of the Mattress.

THIS MATTRESS WARRANTY DOES NOT COVER:

  1. Normal wear and tear or any condition resulting from misuse or abuse of the Mattress or failure to keep the Mattress clean and free of stains and potentially unsanitary conditions.
  2. A normal increase in softness due to normal usage.
  3. Comfort preference. Any comfort level description of any Mattress is solely provided as a guideline and Bear Mattress does not guarantee the firmness or softness quality of any Mattress, nor does it warrant that a particular comfort preference will be to your liking.
  4. Mold, odors, and/or discoloration caused by abnormal care including, but not limited to liquid spills, improper ventilation including, but not limited to humid climates and/or areas where the Mattress is exposed to excessive water or humidity.
  5. Damage associated with an improper bed frame, foundation, box spring, or base as determined by Bear Mattress.
  6. Imperfections that do not prevent ordinary use and enjoyment of the Mattress by a reasonable person are not considered to be defects. For example, surfaces may not be perfectly even, and corners may not be perfectly shaped or symmetrical. These are not defects for which you can seek a remedy under this Mattress Warranty. More specifically, this Mattress Warranty excludes: (a) minor imperfections and slight cosmetic flaws; (b) normal wear and tear; (c) tears, stains, soiling, burns, and discoloration that occur over time; (d) dampness or mold; (e) individual or personalized preferences relating to firmness, texture, comfort, etc.; (f) normal body impressions not greater than one and a half (1.5) inches in the Mattress as measured below the quilt level — in other words, some settling of the fiber and foam in the quilt should be expected and is not considered a defect); (g) individual or personalized allergies and sensitivities; and (h) naturally occurring cotton, polyester and/or foam aromas.
  7. In addition, this Mattress Warranty does not cover conditions resulting from abusive handling, misuse, or neglect. Accordingly, the following circumstances, if discovered upon inspection, will void your Warranty: (a) any unsanitary condition; (b) burns; (c) use of the Product on an improper bed frame; (d) physically abusing the Mattress; (e) attempting to clean the Mattress in an inappropriate manner; and (f) improper storage of the Mattress (including storage in damp locations, areas infested with insects or rodents, or any other unprotected storage areas); and (g) purchase from resellers who are not authorized retailers.

FULL COVERAGE — NON-PRORATED

During the ten (10) years of the Mattress Warranty, Bear Mattress will not charge purchaser to repair or replace purchaser’s mattress if it qualifies under the Mattress Warranty. This period is non-prorated which means that Bear Mattress does not charge a percentage of the repair costs or replacement product based on the amount of time you slept on the mattress prior to noticing a defect. 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 Bear Mattress’ 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. If applicable, a replacement mattress ends your sleep trial.

MAKING A CLAIM

To make a valid claim under this Mattress Warranty, you must: Fill out a warranty claim form supplied when you contact claims@bearmattress.com. All requirements are listed on the warranty claim form. Requirements include, but are not limited to, a narrative describing the defect and how it is affecting the performance of the Mattress, as well as:

  1. Valid original proof of purchase demonstrating date of purchase and that the claimant is the original purchaser and still has the bed.
  2. Photographic evidence of the law tag evidencing that the law tag remains on the bed and has not been altered.
  3. Photos of the mattress, base, and defect, in accordance with the warranty. All measurements must be measured with a tailor tape. Our products have curves and thus a standard tape measure does not suffice.

Please send all requested documentation to claim@bearmattress.com. You are responsible for submitting your claim with sufficient supporting documentation for Bear Mattress to provide a remedy if necessary. Bear Mattress reserves the right, in Bear Mattress’ sole discretion, to require photographs, further information or descriptions, or to send a representative or independent Mattress inspector to physically inspect the Mattress prior to accepting your claim under this Mattress Warranty. Your Mattress Warranty may be voided if you refuse to cooperate with an investigation, provide adequate responses to requests, or comply with any provision of this Mattress Warranty. The serviceable area for all Bear Mattress, LLC products is addresses within the 50 states of the United States only, including Alaska and Hawaii. If your Bear Mattress, LLC product is located outside the USA, you are responsible for any costs associated with pick-up and return.

DISCLAIMER: LIMITATIONS ON LIABILITY

To the maximum extent permitted by applicable law, Bear Mattress and its authorized resellers, distributors, and/or suppliers make no representations, warranties or conditions, express or implied, beyond those set forth in this warranty and non-puffery claims in Bear Mattress marketing materials. Each of those parties disclaims any and all warranties or conditions, express, statutory and implied. Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you. There are no warranties that extend beyond the face of this document. In no event will Bear Mattress or its resellers, distributors, and/or suppliers be liable for any damages, including without limitation any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from your or any third party's purchase and/or use of the product, even if Bear Mattress or such other party has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) negligence, or (4) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. Some jurisdictions do not allow the limitation or exclusion of certain damages, warranties or conditions, so some of the above limitations may not apply to you. In no case shall Bear Mattress' liability exceed the purchase price paid for the mattress giving rise to any such liability.

ARBITRATION

If a dispute arises between you and Bear Mattress arising out of or relating to this Mattress Warranty, that dispute will be resolved in accordance with the general dispute resolution provisions of the Bear Mattress terms of service. The arbitration conducted pursuant to this provision will be deemed final and binding and will not be subject appeal absent extraordinary circumstances. You must seek arbitration for disputes arising out of this Mattress Warranty prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act or any state law relating to consumer product warranties. As in all other dispute situations under the Bear Mattress terms of service, an arbitration concerning a dispute arising out of or relating to this Mattress Warranty will not be combined with any other proceeding or arbitration against one of the parties. In addition, to the maximum extent permitted by applicable law, you will only be permitted to assert your own claim, and may not appear as a representative of the interests of any other person, entity or class of consumers (including a private attorney general or otherwise). Some states do not allow the exclusion or limitation of incidental or consequential damages in connection with the sale of consumer products, so the above limitation or exclusion of incidental or consequential damages may not apply to you.

GOVERNING LAW

This limited Mattress Warranty will be governed by the laws of the State of New Jersey.

WARRANTOR

Bear Mattress, LLC 720 Monroe St, Ste. C508, Hoboken, NJ 07030 claims@bearmattress.com

For purchases made prior to February 1, 2021 click here for warranty.

BEAR MATTRESS PROTECTOR 10 YEAR WARRANTY

Bear Mattress LLC warrants the Bear Mattress Protector (the “Product”) to the original end-user (“Purchaser”) from manufacturing defects for a period of 10 years from Date of Purchase. The warranty covers the protector product only. The Purchaser is responsible for all shipping costs to Bear Mattress LL. DO NOT SHIP THE PRODUCT TO BEAR MATTRESS LLC WITHOUT FIRST OBTAINING AN AUTHORIZATION NUMBER AND INSTRUCTIONS. DO NOT RETURN THE PRODUCT TO THE RETAILER WHERE YOU PURCHASED IT.

This warranty covers manufacturing defects only. Damage to the product caused by improper use or by abuse, misuse or not properly following the care instructions will void the warranty. Bear Mattress LLC is not responsible for any incidental or consequential damages resulting from the use of its products. In no event shall the responsibility of Bear Mattress LLC exceed the purchase price of the warranted product. This warranty will only be honored when accompanied by a copy of the original proof of purchase from an authorized retailer, reseller or distributor.

Bear Mattress LLC reserves the right, upon the presentation of a product covered by the warranty, to repair or replace same, at its sole option. In the event that a particular product is no longer manufactured, Bear Mattress LLC shall have the right to replace same with a substitute product that most nearly resembles the warranted item.

This warranty is the sole warranty given by Bear Mattress LLC, and shall extend only to the Purchaser. FOR SALES TO ANY PURCHASER OTHER THAN A CONSUMER PURCHASING FOR HOUSEHOLD USE, ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, ARE EXCLUDED AND DISCLAIMED. IN NO EVENT SHALL BEAR MATTRESS LLC BE LIABLE TO ANY PURCHASER FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, EVEN IF BEAR MATTRESS LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The remedies provided herein are the sole and exclusive remedies of the Purchaser and no one is authorized to assume or undertake for Bear Mattress LLC any other liability in connection with the sale of the Product. Some jurisdictions do not allow the disclaimers of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In the event that the disclaimer of implied warranties is not applicable to you, then such implied warranties shall only remain in effect during the applicable Warranty Period. This warranty gives you specific legal rights and you may have other rights which vary from state to state. This warranty is non-transferable. This warranty shall be interpreted in accordance with the internal laws of the State of New Jersey, without regard to the provisions concerning the conflicts of laws.

Bear Mattress LLC reserves the right to revise the warranty it offers in connection with the sale of products from time to time. Accordingly, the warranties set forth in this certificate apply only to the Product accompanied by this warranty certificate. For the latest warranty information for any products offered or sold in the future, please email the Bear Mattress customer support team at claims@bearmattress.com.

CARE INSTRUCTIONS:

  • YOU MAY WASH WITH WARM WATER AND REGULAR DETERGENT.
  • USE NON-CLORINATED BLEACH ONLY
  • DRY ON LOW HEAT OR AIR DRY
  • DO NOT IRON

BEAR PILLOW 2 YEAR WARRANTY

Bear Mattress LLC warrants the Bear Mattress Pillow (the “Product”) to the original end-user (“Purchaser”) from manufacturing defects for a period of two (2) years from Date of Purchase. The warranty covers the Bear Pillow only. The Purchaser is responsible for all shipping costs to Bear Mattress LL. DO NOT SHIP THE PRODUCT TO BEAR MATTRESS LLC WITHOUT FIRST OBTAINING AN AUTHORIZATION NUMBER AND INSTRUCTIONS. DO NOT RETURN THE PRODUCT TO THE RETAILER WHERE YOU PURCHASED IT.

This warranty covers manufacturing defects only. Damage to the product caused by improper use or by abuse, misuse or not properly following the care instructions will void the warranty. Bear Mattress LLC is not responsible for any incidental or consequential damages resulting from the use of its products. In no event shall the responsibility of Bear Mattress LLC exceed the purchase price of the warranted product. This warranty will only be honored when accompanied by a copy of the original proof of purchase from an authorized retailer, reseller or distributor.

Bear Mattress LLC reserves the right, upon the presentation of a product covered by the warranty, to repair or replace same, at its sole option. In the event that a particular product is no longer manufactured, Bear Mattress LLC shall have the right to replace same with a substitute product that most nearly resembles the warranted item.

This warranty is the sole warranty given by Bear Mattress LLC, and shall extend only to the Purchaser. FOR SALES TO ANY PURCHASER OTHER THAN A CONSUMER PURCHASING FOR HOUSEHOLD USE, ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, ARE EXCLUDED AND DISCLAIMED. IN NO EVENT SHALL BEAR MATTRESS LLC BE LIABLE TO ANY PURCHASER FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, EVEN IF BEAR MATTRESS LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The remedies provided herein are the sole and exclusive remedies of the Purchaser and no one is authorized to assume or undertake for Bear Mattress LLC any other liability in connection with the sale of the Product. Some jurisdictions do not allow the disclaimers of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In the event that the disclaimer of implied warranties is not applicable to you, then such implied warranties shall only remain in effect during the applicable Warranty Period. This warranty gives you specific legal rights and you may have other rights which vary from state to state. This warranty is non-transferable. This warranty shall be interpreted in accordance with the internal laws of the State of New Jersey, without regard to the provisions concerning the conflicts of laws.

Bear Mattress LLC reserves the right to revise the warranty it offers in connection with the sale of products from time to time. Accordingly, the warranties set forth in this certificate apply only to the Product accompanied by this warranty certificate. For the latest warranty information for any products offered or sold in the future, please email the Bear Mattress customer support team at claims@bearmattress.com.

BEAR WEIGHTED BLANKET - 2 YEAR WARRANTY

Bear Mattress LLC warrants the Bear Mattress Weighted Blanket (the “Product”) to the original end-user (“Purchaser”) from manufacturing defects for a period of two (2) years from Date of Purchase. The warranty covers the Bear Weighted Blanket only. The Purchaser is responsible for all shipping costs to Bear Mattress LL. DO NOT SHIP THE PRODUCT TO BEAR MATTRESS LLC WITHOUT FIRST OBTAINING AN AUTHORIZATION NUMBER AND INSTRUCTIONS. DO NOT RETURN THE PRODUCT TO THE RETAILER WHERE YOU PURCHASED IT.

This warranty covers manufacturing defects only. Damage to the product caused by improper use or by abuse, misuse or not properly following the care instructions will void the warranty. Bear Mattress LLC is not responsible for any incidental or consequential damages resulting from the use of its products. In no event shall the responsibility of Bear Mattress LLC exceed the purchase price of the warranted product. This warranty will only be honored when accompanied by a copy of the original proof of purchase from an authorized retailer, reseller or distributor.

Bear Mattress LLC reserves the right, upon the presentation of a product covered by the warranty, to repair or replace same, at its sole option. In the event that a particular product is no longer manufactured, Bear Mattress LLC shall have the right to replace same with a substitute product that most nearly resembles the warranted item.

This warranty is the sole warranty given by Bear Mattress LLC, and shall extend only to the Purchaser. FOR SALES TO ANY PURCHASER OTHER THAN A CONSUMER PURCHASING FOR HOUSEHOLD USE, ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, ARE EXCLUDED AND DISCLAIMED. IN NO EVENT SHALL BEAR MATTRESS LLC BE LIABLE TO ANY PURCHASER FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, EVEN IF BEAR MATTRESS LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The remedies provided herein are the sole and exclusive remedies of the Purchaser and no one is authorized to assume or undertake for Bear Mattress LLC any other liability in connection with the sale of the Product. Some jurisdictions do not allow the disclaimers of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In the event that the disclaimer of implied warranties is not applicable to you, then such implied warranties shall only remain in effect during the applicable Warranty Period. This warranty gives you specific legal rights and you may have other rights which vary from state to state. This warranty is non-transferable. This warranty shall be interpreted in accordance with the internal laws of the State of New Jersey, without regard to the provisions concerning the conflicts of laws.

Bear Mattress LLC reserves the right to revise the warranty it offers in connection with the sale of products from time to time. Accordingly, the warranties set forth in this certificate apply only to the Product accompanied by this warranty certificate. For the latest warranty information for any products offered or sold in the future, please email the Bear Mattress customer support team at claims@bearmattress.com.

BEAR BEDDING/SHEETS 1 YEAR WARRANTY

Bear Mattress LLC warrants the Bear Bedding (the “Product”) to the original end-user (“Purchaser”) from manufacturing defects for a period of 1 years from Date of Purchase. The warranty covers the bedding/sheets product only. The Purchaser is responsible for all shipping costs to Bear Mattress LL. DO NOT SHIP THE PRODUCT TO BEAR MATTRESS LLC WITHOUT FIRST OBTAINING AN AUTHORIZATION NUMBER AND INSTRUCTIONS. DO NOT RETURN THE PRODUCT TO THE RETAILER WHERE YOU PURCHASED IT.

This warranty covers manufacturing defects only. Damage to the product caused by improper use or by abuse, misuse or not properly following the care instructions will void the warranty. Bear Mattress LLC is not responsible for any incidental or consequential damages resulting from the use of its products. In no event shall the responsibility of Bear Mattress LLC exceed the purchase price of the warranted product. This warranty will only be honored when accompanied by a copy of the original proof of purchase from an authorized retailer, reseller or distributor.

Bear Mattress LLC reserves the right, upon the presentation of a product covered by the warranty, to repair or replace same, at its sole option. In the event that a particular product is no longer manufactured, Bear Mattress LLC shall have the right to replace same with a substitute product that most nearly resembles the warranted item.

This warranty is the sole warranty given by Bear Mattress LLC, and shall extend only to the Purchaser. FOR SALES TO ANY PURCHASER OTHER THAN A CONSUMER PURCHASING FOR HOUSEHOLD USE, ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, ARE EXCLUDED AND DISCLAIMED. IN NO EVENT SHALL BEAR MATTRESS LLC BE LIABLE TO ANY PURCHASER FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, EVEN IF BEAR MATTRESS LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The remedies provided herein are the sole and exclusive remedies of the Purchaser and no one is authorized to assume or undertake for Bear Mattress LLC any other liability in connection with the sale of the Product. Some jurisdictions do not allow the disclaimers of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In the event that the disclaimer of implied warranties is not applicable to you, then such implied warranties shall only remain in effect during the applicable Warranty Period. This warranty gives you specific legal rights and you may have other rights which vary from state to state. This warranty is non-transferable. This warranty shall be interpreted in accordance with the internal laws of the State of New Jersey, without regard to the provisions concerning the conflicts of laws.

Bear Mattress LLC reserves the right to revise the warranty it offers in connection with the sale of products from time to time. Accordingly, the warranties set forth in this certificate apply only to the Product accompanied by this warranty certificate. For the latest warranty information for any products offered or sold in the future, please email the Bear Mattress customer support team at claims@bearmattress.com.

CARE INSTRUCTIONS:

Machine Wash Warm, like colors, delicate cycle. Do not Bleach. Tumble Dry, low heat, remove promptly. Steam iron as needed.

BEAR FOUNDATION 1 YEAR WARRANTY

Bear Mattress LLC extends to the original purchaser of the Bear Foundation a one (1) year warranty against defects in materials and workmanship. If a defect should be observed please contact Bear customer support at 844-311-0035 or via email at claims@bearmattress.com.

You must provide proof-of-purchase and your Bear Foundation will be repaired or replaced at no charge exclusive of packaging and transportation costs.

This warranty does not apply if products are used in hospitality or institutional facilities.

BEAR PLATFORM BED 1 YEAR WARRANTY

Bear Mattress LLC extends to the original purchaser of the Bear Platform Bed a one (1) year warranty against defects in materials and workmanship. If a defect should be observed please contact Bear customer support at 844-311-0035 or via email at claims@bearmattress.com.

You must provide proof-of-purchase and your Bear Platform Bed will be repaired or replaced at no charge exclusive of packaging and transportation costs.

This warranty does not apply if products are used in hospitality or institutional facilities.

BEAR BED FRAME 10 YEAR WARRANTY

Bear Mattress LLC extends to the original purchaser of the Bear Bed Frame a ten (10) year warranty against defects in materials and workmanship. If a defect should be observed please contact Bear customer support at 844-311-0035 or via email at claims@bearmattress.com.

You must provide proof-of-purchase and your Bear Bed Frame will be repaired or replaced at no charge exclusive of packaging and transportation costs.

This warranty does not apply if products are used in hospitality or institutional facilities.

Bear Adjustable Base Warranty

PRODUCT WARRANTY

“Buyer’s Customer” means the consumer who originally purchased the applicable Product at retail directly from Buyer or one of Buyer’s authorized resellers.

“Warranty Start Date” means, with respect to any Product, the date of purchase of such Product under this Agreement.

“First Year” means, with respect to the sale of any Product, the first year after the Warranty Start Date for such Product.

Seller makes the following warranties with regard to the Products (collectively, the “Product Warranty”):

(i) During Years 1 through 2: Seller warrants that, during the two year period after the Warranty Start Date, the Products (including all Structural Parts (as defined below)) will be free from defects in materials and workmanship; and

(ii) During Years 3 through 10 for Structural Parts: Seller warrants that, during the third through tenth years after the Warranty Start Date, all steel and aluminum structural parts contained in the Products (the “Structural Parts”) will be free from manufacturing defects.

In order to be eligible for service under the Product Warranty, Buyer (or where applicable Buyer’s Customer) must comply with the terms of this Addendum B. The Product Warranty for a Product begins on the Warranty Start Date, and the Product Warranty lasts for the two different periods described above. The Product Warranty for a Product terminates immediately upon any sale or transfer of such Product by Buyer’s Customer.

Coverage during Year 1: If a Product has defects in materials or workmanship during the First Year, Seller will supply a new or refurbished replacement Product or Product part free of charge to (as instructed in writing by Buyer) Buyer or Buyer’s Customer, upon the terms of this Addendum B. Seller will pay all shipping costs to deliver such replacement parts to a location within the United States.

Coverage during Years 2: If a Product has defects in materials or workmanship during the second year after the Warranty Start Date, Seller will supply a new or refurbished replacement Product or Product part free of charge to (as instructed in writing by Buyer) Buyer or Buyer’s Customer, upon the terms of this Addendum B, except that Buyer will pay all shipping costs to deliver such replacement Product or part for all warranty claims made after the First Year.

Coverage during Years 3 through 10 for Structural Parts: Structural Parts do not include any electrical or electronic parts or components such as drive motors and massage motors. If any Structural Part has a manufacturing defect during the third through tenth years after the Warranty Start Date, Seller will supply a new or refurbished replacement Structural Part free of charge to (as instructed in writing by Buyer) Buyer or Buyer’s Customer, upon the terms of this Addendum B. Buyer will pay all shipping costs to deliver such replacement Structural Parts for all warranty claims made during the third through tenth years after the Warranty Start Date.

The Product Warranty does not cover:

  1. Any Product used at any time for commercial or medical purposes or any purpose other than residential consumer use.
  2. Any Product which is not purchased new.
  3. Any Product which is purchased through any reseller who is not authorized by Buyer to resell the Product.
  4. Any modifications to the Products or any damage caused by the modifications.
  5. Batteries, mattresses, fabric, sheets, pillows, or any items supplied by Buyer or by third parties (including without limitation Buyer’s Customer).
  6. Labor, service, handling, or other costs or fees to remove any defective Product or Product part or install any replacement Product or Product part.
  7. Any damage to the Product caused by any of the following:
    • Buyer or third parties,
    • accidents, fire, flood, “acts of God,” or other actions or events beyond the reasonable control of Seller,
    • any unauthorized service or repairs or the improper installation of replacement parts,
    • improper handling (including without limitation during shipping) or physical or electrical abuse or misuse,
    • ordinary wear and tear, or
    • any failure to operate the Product in compliance with the operation and maintenance procedures, instructions, and guidelines contained in the Product Owner’s Manual (which is available online at www.[web site address].com/warranty), including without limitation any failure to follow: (a) the recommended weight restrictions or (b) the guidelines for proper distribution of weight on the Product.
  8. Any other costs or expenses not covered by the Product Warranty.

Product Warranty claims must be made within thirty (30) days after Buyer, or Buyer’s Customer, becomes aware of a defect and within the applicable Product Warranty periods described above. Product Warranty claims after such times are not valid claims. Buyer or Buyer’s Customer must provide to Seller: (a) an original proof of purchase in the form of the original sales receipt (in digital or physical form), packing slip, purchase confirmation, or credit card statement, (b) the name of the person or entity from whom Buyer’s Customer purchased the Product, and (c) the serial number of the Product.

Buyer will guide Buyer’s Customers through the Product Warranty service process. Seller will provide Buyer with written troubleshooting steps to evaluate whether a Product Warranty claim is covered. Buyer’s Customer must undertake these troubleshooting steps in order to determine whether the Product Warranty claim is covered. If Seller delivers replacement parts to Buyer or Buyer’s Customer, Seller will provide instructions for the removal of the defective part and installation of the replacement part. Buyer or Buyer’s Customer will be responsible for removing any defective Product or Product part and installing any replacement Product or Product part, including without limitation any labor, service, and handling fees and costs. Neither Buyer nor Buyer’s Customer may send a defective Product or defective part to Seller without a return material authorization number issued by Seller. Upon Seller's request, Buyer must return, or must ensure that Buyer’s Customer returns, any defective Product or defective parts to Seller within thirty (30) days after Buyer or Buyer’s Customer receives the replacement Product or part, provided that Seller will be responsible for the shipping costs to return such defective Product or part. If Buyer or Buyer’s Customer do not return the defective Product or all defective parts to Seller within the thirty (30) day period, Buyer will pay to Seller the costs of the replacement Product or parts, including without limitation any shipping costs incurred by Seller in shipping such replacement Product or parts.

Seller shall have a reasonable opportunity to inspect the Products at issue. For any Product which Seller determines does not conform to the Product Warranty, Seller’s sole liability and obligation, and Buyer’s sole and exclusive remedy, shall be, at Seller’s sole discretion, either to repair or replace any such Product pursuant to the terms of this Addendum B. If the Product or any replacement part is not available for any reason, Seller may provide a replacement product or part of comparable quality and price. A Product Warranty period is not extended if Seller repairs or replaces the Product or any part of the Product. The Product Warranty is limited to Buyer and Buyer’s Customers located in the 50 U.S. States.

Bear Adjustable Flex Bed Warranty

PRODUCT WARRANTY

“Buyer’s Customer” means the consumer who originally purchased the applicable Product at retail directly from Buyer or one of Buyer’s authorized resellers.

“Warranty Start Date” means, with respect to any Product, the date of purchase of such Product under this Agreement.

“First Year” means, with respect to the sale of any Product, the first year after the Warranty Start Date for such Product.

Seller makes the following warranties with regard to the Products (collectively, the “Product Warranty”):

(i) During Years 1 through 2: Seller warrants that, during the two year period after the Warranty Start Date, the Products (including all Structural Parts (as defined below)) will be free from defects in materials and workmanship; and

(ii) During Years 3 through 10 for Structural Parts: Seller warrants that, during the third through tenth years after the Warranty Start Date, all steel and aluminum structural parts contained in the Products (the “Structural Parts”) will be free from manufacturing defects.

In order to be eligible for service under the Product Warranty, Buyer (or where applicable Buyer’s Customer) must comply with the terms of this Addendum B. The Product Warranty for a Product begins on the Warranty Start Date, and the Product Warranty lasts for the two different periods described above. The Product Warranty for a Product terminates immediately upon any sale or transfer of such Product by Buyer’s Customer.

Coverage during Year 1: If a Product has defects in materials or workmanship during the First Year, Seller will supply a new or refurbished replacement Product or Product part free of charge to (as instructed in writing by Buyer) Buyer or Buyer’s Customer, upon the terms of this Addendum B. Seller will pay all shipping costs to deliver such replacement parts to a location within the United States.

Coverage during Years 2: If a Product has defects in materials or workmanship during the second year after the Warranty Start Date, Seller will supply a new or refurbished replacement Product or Product part free of charge to (as instructed in writing by Buyer) Buyer or Buyer’s Customer, upon the terms of this Addendum B, except that Buyer will pay all shipping costs to deliver such replacement Product or part for all warranty claims made after the First Year.

Coverage during Years 3 through 10 for Structural Parts: Structural Parts do not include any electrical or electronic parts or components such as drive motors and massage motors. If any Structural Part has a manufacturing defect during the third through tenth years after the Warranty Start Date, Seller will supply a new or refurbished replacement Structural Part free of charge to (as instructed in writing by Buyer) Buyer or Buyer’s Customer, upon the terms of this Addendum B. Buyer will pay all shipping costs to deliver such replacement Structural Parts for all warranty claims made during the third through tenth years after the Warranty Start Date.

The Product Warranty does not cover:

  1. Any Product used at any time for commercial or medical purposes or any purpose other than residential consumer use.
  2. Any Product which is not purchased new.
  3. Any Product which is purchased through any reseller who is not authorized by Buyer to resell the Product.
  4. Any modifications to the Products or any damage caused by the modifications.
  5. Batteries, mattresses, fabric, sheets, pillows, or any items supplied by Buyer or by third parties (including without limitation Buyer’s Customer).
  6. Labor, service, handling, or other costs or fees to remove any defective Product or Product part or install any replacement Product or Product part.
  7. Any damage to the Product caused by any of the following:
    • Buyer or third parties,
    • accidents, fire, flood, “acts of God,” or other actions or events beyond the reasonable control of Seller,
    • any unauthorized service or repairs or the improper installation of replacement parts,
    • improper handling (including without limitation during shipping) or physical or electrical abuse or misuse,
    • ordinary wear and tear, or
    • any failure to operate the Product in compliance with the operation and maintenance procedures, instructions, and guidelines contained in the Product Owner’s Manual (which is available online at www.[web site address].com/warranty), including without limitation any failure to follow: (a) the recommended weight restrictions or (b) the guidelines for proper distribution of weight on the Product.
  8. Any other costs or expenses not covered by the Product Warranty.

Product Warranty claims must be made within thirty (30) days after Buyer, or Buyer’s Customer, becomes aware of a defect and within the applicable Product Warranty periods described above. Product Warranty claims after such times are not valid claims. Buyer or Buyer’s Customer must provide to Seller: (a) an original proof of purchase in the form of the original sales receipt (in digital or physical form), packing slip, purchase confirmation, or credit card statement, (b) the name of the person or entity from whom Buyer’s Customer purchased the Product, and (c) the serial number of the Product.

Buyer will guide Buyer’s Customers through the Product Warranty service process. Seller will provide Buyer with written troubleshooting steps to evaluate whether a Product Warranty claim is covered. Buyer’s Customer must undertake these troubleshooting steps in order to determine whether the Product Warranty claim is covered. If Seller delivers replacement parts to Buyer or Buyer’s Customer, Seller will provide instructions for the removal of the defective part and installation of the replacement part. Buyer or Buyer’s Customer will be responsible for removing any defective Product or Product part and installing any replacement Product or Product part, including without limitation any labor, service, and handling fees and costs. Neither Buyer nor Buyer’s Customer may send a defective Product or defective part to Seller without a return material authorization number issued by Seller. Upon Seller's request, Buyer must return, or must ensure that Buyer’s Customer returns, any defective Product or defective parts to Seller within thirty (30) days after Buyer or Buyer’s Customer receives the replacement Product or part, provided that Seller will be responsible for the shipping costs to return such defective Product or part. If Buyer or Buyer’s Customer do not return the defective Product or all defective parts to Seller within the thirty (30) day period, Buyer will pay to Seller the costs of the replacement Product or parts, including without limitation any shipping costs incurred by Seller in shipping such replacement Product or parts.

Seller shall have a reasonable opportunity to inspect the Products at issue. For any Product which Seller determines does not conform to the Product Warranty, Seller’s sole liability and obligation, and Buyer’s sole and exclusive remedy, shall be, at Seller’s sole discretion, either to repair or replace any such Product pursuant to the terms of this Addendum B. If the Product or any replacement part is not available for any reason, Seller may provide a replacement product or part of comparable quality and price. A Product Warranty period is not extended if Seller repairs or replaces the Product or any part of the Product. The Product Warranty is limited to Buyer and Buyer’s Customers located in the 50 U.S. States.

BEAR PRO TOPPER 3 YEAR WARRANTY

Bear Mattress LLC warrants the Bear Mattress Pro Topper (the “Product”) to the original end-user (“Purchaser”) from manufacturing defects for a period of two (2) years from Date of Purchase. The warranty covers the Bear Pro Topper only. The Purchaser is responsible for all shipping costs to Bear Mattress LL. DO NOT SHIP THE PRODUCT TO BEAR MATTRESS LLC WITHOUT FIRST OBTAINING AN AUTHORIZATION NUMBER AND INSTRUCTIONS. DO NOT RETURN THE PRODUCT TO THE RETAILER WHERE YOU PURCHASED IT.

This warranty covers manufacturing defects only. Damage to the product caused by improper use or by abuse, misuse or not properly following the care instructions will void the warranty. Bear Mattress LLC is not responsible for any incidental or consequential damages resulting from the use of its products. In no event shall the responsibility of Bear Mattress LLC exceed the purchase price of the warranted product. This warranty will only be honored when accompanied by a copy of the original proof of purchase from an authorized retailer, reseller or distributor.

Bear Mattress LLC reserves the right, upon the presentation of a product covered by the warranty, to repair or replace same, at its sole option. In the event that a particular product is no longer manufactured, Bear Mattress LLC shall have the right to replace same with a substitute product that most nearly resembles the warranted item.

This warranty is the sole warranty given by Bear Mattress LLC, and shall extend only to the Purchaser. FOR SALES TO ANY PURCHASER OTHER THAN A CONSUMER PURCHASING FOR HOUSEHOLD USE, ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, ARE EXCLUDED AND DISCLAIMED. IN NO EVENT SHALL BEAR MATTRESS LLC BE LIABLE TO ANY PURCHASER FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, EVEN IF BEAR MATTRESS LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The remedies provided herein are the sole and exclusive remedies of the Purchaser and no one is authorized to assume or undertake for Bear Mattress LLC any other liability in connection with the sale of the Product. Some jurisdictions do not allow the disclaimers of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In the event that the disclaimer of implied warranties is not applicable to you, then such implied warranties shall only remain in effect during the applicable Warranty Period. This warranty gives you specific legal rights and you may have other rights which vary from state to state. This warranty is non-transferable. This warranty shall be interpreted in accordance with the internal laws of the State of New Jersey, without regard to the provisions concerning the conflicts of laws.

Bear Mattress LLC reserves the right to revise the warranty it offers in connection with the sale of products from time to time. Accordingly, the warranties set forth in this certificate apply only to the Product accompanied by this warranty certificate. For the latest warranty information for any products offered or sold in the future, please email the Bear Mattress customer support team at claims@bearmattress.com.

BEAR MATTRESS ENCASEMENT 10 YEAR WARRANTY

Bear Mattress LLC warrants the Bear Mattress Encasement (the “Product”) to the original end-user (“Purchaser”) from manufacturing defects for a period of 10 years from Date of Purchase. The warranty covers the encasement product only. The Purchaser is responsible for all shipping costs to Bear Mattress LL. DO NOT SHIP THE PRODUCT TO BEAR MATTRESS LLC WITHOUT FIRST OBTAINING AN AUTHORIZATION NUMBER AND INSTRUCTIONS. DO NOT RETURN THE PRODUCT TO THE RETAILER WHERE YOU PURCHASED IT.

This warranty covers manufacturing defects only. Damage to the product caused by improper use or by abuse, misuse or not properly following the care instructions will void the warranty. Bear Mattress LLC is not responsible for any incidental or consequential damages resulting from the use of its products. In no event shall the responsibility of Bear Mattress LLC exceed the purchase price of the warranted product. This warranty will only be honored when accompanied by a copy of the original proof of purchase from an authorized retailer, reseller or distributor.

Bear Mattress LLC reserves the right, upon the presentation of a product covered by the warranty, to repair or replace same, at its sole option. In the event that a particular product is no longer manufactured, Bear Mattress LLC shall have the right to replace same with a substitute product that most nearly resembles the warranted item.

This warranty is the sole warranty given by Bear Mattress LLC, and shall extend only to the Purchaser. FOR SALES TO ANY PURCHASER OTHER THAN A CONSUMER PURCHASING FOR HOUSEHOLD USE, ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, ARE EXCLUDED AND DISCLAIMED. IN NO EVENT SHALL BEAR MATTRESS LLC BE LIABLE TO ANY PURCHASER FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, EVEN IF BEAR MATTRESS LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The remedies provided herein are the sole and exclusive remedies of the Purchaser and no one is authorized to assume or undertake for Bear Mattress LLC any other liability in connection with the sale of the Product. Some jurisdictions do not allow the disclaimers of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In the event that the disclaimer of implied warranties is not applicable to you, then such implied warranties shall only remain in effect during the applicable Warranty Period. This warranty gives you specific legal rights and you may have other rights which vary from state to state. This warranty is non-transferable. This warranty shall be interpreted in accordance with the internal laws of the State of New Jersey, without regard to the provisions concerning the conflicts of laws.

Bear Mattress LLC reserves the right to revise the warranty it offers in connection with the sale of products from time to time. Accordingly, the warranties set forth in this certificate apply only to the Product accompanied by this warranty certificate. For the latest warranty information for any products offered or sold in the future, please email the Bear Mattress customer support team at claims@bearmattress.com.

CARE INSTRUCTIONS:

  • MACHINE WASH COLD ON THE GENTLE CYCLE.
  • DRY ON LOW HEAT OR AIR DRY
  • DO NOT IRON

How to Contact Bear for Warranty Issues

To file a claim under the terms of this Limited Warranty for any product, please contact Bear Mattress at 1-844-311-0035 or by emailing us at claims@bearmattress.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.

BEAR MATTRESS LLC LIMITED PRODUCT WARRANTY

BEAR MATTRESS COMPANY SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THEIR PRODUCTS 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, INCLUDING 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 LLC WILL BE LIMITED TO THAT OF THE PURCHASE PRICE OF THE PRODUCT.

PLEASE RETAIN THIS LIMITED WARRANTY AND YOUR ORIGINAL PROOF OF PURCHASE FOR AT LEAST 10 YEARS FROM YOUR DATE OF PURCHASE.