Effective as of January 10, 2017
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCT WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP, AS DESCRIBED IN SECTION 2.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR OR REPLACEMENT AS EXPLICITLY DESCRIBED BELOW IN THIS LIMITED WARRANTY.
1. WHO MAY USE THIS LIMITED WARRANTY?
Nuvanna, LLC, a Pennsylvania limited liability company (“Nuvanna, ” “we” or “us“) extends this limited warranty only to the consumer who originally purchased the product from our website (“you“). This Limited Warranty is personal to the original purchaser and cannot be transferred.
2. WHAT DOES THIS LIMITED WARRANTY COVER?
During the Warranty Period, this limited warranty for Nuvanna Mattresses (the “product“), covers only the following material defects resulting from defective materials and workmanship: (a) visible indentation or sag greater than one inch that does not result from improper use; (b) any physical flaw in the foam material that causes it to split or crack under normal conditions and which are not related to improper maintenance; and (c) defects in the construction of the mattress cover, such as tearing or stitch unraveling.
3. WHAT DOES THIS LIMITED WARRANTY NOT COVER?
Problems not mentioned above are not covered by the limited warranty. For example, this Limited Warranty does not cover: (a) minor imperfections; (b) tears, stains, soiling, burns, or discoloration; (c) matters of personal preference, such as firmness or the natural softening process; (d) allergies or other personal sensitivities to the product; (e) naturally occurring aromas from the product’s materials; (f) normal wear and tear; and (g) any damage caused by transportation, storage, improper use, failure to properly maintain the product, modifications, unauthorized repair, or external causes such as accidents, animals or rodents, abuse, or other actions or events beyond our reasonable control. To learn more about how to properly maintain the product, visit the FAQ section of our website www.nuvanna.com , email us at [email protected] or call us at 1-844-611-2324.
4. WHAT IS THE PERIOD OF COVERAGE?
This Limited Warranty starts on the date of your purchase and lasts for 10 years (the “Warranty Period“). The Warranty Period is not extended if we repair or replace the product. For example, if on year three, we choose to replace your defective mattress, you will have seven years remaining on the warranty. We may change the availability of this Limited Warranty at our discretion, but any changes will not be retroactive.
5. WHAT ARE YOUR REMEDIES UNDER THIS LIMITED WARRANTY?
If you are within the Warranty Period, we will, in our sole discretion, repair or replace a defective product (or the defective part) free of charge. If we choose to replace the defective product, we will do so with a comparable model in value and quality, based on availability. You may upgrade a replacement product by paying the difference in price. If you choose to upgrade a replacement product, any amount owed must be paid before we deliver the replacement product. We will also pay for shipping and handling fees to return the repaired or replacement product to you.
6. HOW DO YOU MAKE A WARRANTY CLAIM?
If you believe your product is defective and you are within the Warranty Period, you may either call our Customer Experience Team at 1-844-611-2324 or email the following information to [email protected]: (a) photos of the defect; (b) a detailed description of the defect; (c) a copy of your receipt or confirmation email; and (d) your name and contact information. Your failure to contact us and properly submit your claim may render any applicable warranty void.
We will contact you as soon as possible regarding your claim, but no later than 3 business days after our receipt of your claim.
- LIMITATION OF LIABILITY
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY SHALL UNDER NO CIRCUMSTANCE EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
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.
- WHAT CAN YOU DO IN CASE OF A DISPUTE WITH US?
If we are unable to agree on the rights and obligations under this Limited Warranty, prior to filing in a court of law, you agree to first arbitrate any dispute, controversy or claim arising out of or relating to this Limited Warranty (each, a “Dispute“).
The party desiring to arbitrate a Dispute, must give written notice to the other party. If you desire to arbitrate a Dispute, submit your notice to the Customer Experience Team at 225 Wilmington-West Chester Pike, Suite 202, Chadds Ford, PA 19317 or [email protected] Upon delivery of notice to you or our receipt of your notice, we will begin the process by contacting the American Arbitration Association (“AAA“), who will conduct the arbitration in accordance with the Consumer Arbitration Rules (the “AAA Rules“), then in effect. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Limited Warranty is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction. The arbitrator’s decision will not be binding on either you or us.
We will be responsible for paying your arbitration and arbitrator fees. If you need information from us, and we are permitted to give that information under applicable law, you may contact us through the Customer Experience Team mentioned above, unless otherwise directed by us, in writing.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
- ISSUES NOT COVERED HERE.
If you have a question that is not answered by this Limited Warranty Policy, please review our Nuvanna Website Terms & Conditions. Any discrepancy or conflict between the Nuvanna Website Terms & Conditions Policy and this Limited Warranty, shall be governed and determined by this Limited Warranty.