The "O" Mattress™ Warranty Card
O Mattress™ warrants each mattress against manufacturing defects in workmanship and materials for a period of 20 years. If during your warranty period the mattress is found defective due to faulty workmanship by the manufacturer, it will be repaired or replaced subject to the written text below. If your O Mattress™ mattress has a defect covered under this 20 year limited replacement warranty, O Mattress™ will either repair or replace the mattress subject to the terms of this limited warranty. Your O Mattress™ mattress will be repaired or replaced at no additional cost within the first ten years of usage; at a cost of 75% (percentage) of the original purchase price between the eleventh and fifteenth years of usage; and at a cost of 85 % (percentage) of the original purchase price between the sixteenth and twentieth years of usage.
The warranty period for your O Mattress™ mattress begins on the date of the consumer purchaser’s purchase of the mattress, and ends 20 years later. Your O Mattress™ mattress must be unpacked and expanded no more than two weeks after the date of delivery.In order for the O Mattress™ 20 year limited replacement warranty to be valid, you must be the original consumer purchaser of the O Mattress™ mattress, have purchased the mattress from an authorized dealer in the United States, provide a copy of original purchase receipt of the mattress, and provide the law tag label from the defective product. The O Mattress™ 20 year limited replacement warranty does not include any transportation costs required to repair or replace the mattress. The O Mattress™ mattress must be used on a suitable base as specified in the terms of this 20 year limited replacement warranty. Improper usage such as stains, spills, rips and tears void this O Mattress™ 20 year limited replacement warranty, so it is recommended to use a mattress pad. Do not smoke on the O Mattress™ mattress, which is manufactured in accordance with United States requirements to resist fire but that does not eliminate ignition by lit cigarettes, cigars or pipes of any type.
DO NOT PLACE MATTRESS NEAR OPEN FLAME OR EXPOSE TO FIRE. THIS MATTRESS IS NOT FLAME OR FIREPROOF AND MAY IGNITE OR BURN IF EXPOSED TO OPEN FLAME OR FIRE. WHEN IGNITED, BEDDING MATERIALS MAY BURN RAPIDLY AND EMIT SMOKE AND HAZARDOUS WASTES.
If despite normal usage and proper handling, your O Mattress™ mattress forms permanent indentations of more than 1” (inch) in the first 10 years, or 1.5" (inches) in the last 10 years of the warranty period, it will be repaired or replaced according to the terms and written text below. As applicable, your O Mattress™ mattress cover will be repaired or replaced if there is damage to the fabric or zipper due to faulty workmanship or imperfections. O Mattress™ will require that you to make an application, and take photos and measurements of your mattress as specified in the terms and written text here to process an O Mattress™ 20 year limited replacement warranty claim. In the event a dispute arises between you and O Mattress™ arising out of the O Mattress™ 20 year limited replacement warranty, this dispute will be settled solely and exclusively by binding arbitration in accordance with the Consumer Arbitration Rules of the American Arbitration Association.
If your O Mattress™ mattress has a defect covered under this 20 year limited replacement warranty, O Mattress™ will either repair or replace the mattress subject to the terms of this limited warranty. Your O Mattress™ mattress will be repaired or replaced at no additional cost within the first ten years of usage; at a cost of 75% (percentage) of the original purchase price between the eleventh and fifteenth years of usage; and at a cost of 85 % (percentage) of the original purchase price between the sixteenth and twentieth years of usage.
This O Mattress™ 20 year limited replacement warranty is valid only for the original consumer purchaser of the product as indicated on the original purchase receipt and within the United States, and is in no way transferrable to any subsequent purchaser or any user. The law tag label must not be removed from original product as this identifies the product for the purpose of the warranty contained here. This limited warranty is only valid if you unpacked and expanded your O Mattress™ mattress within the two weeks following the original date of delivery. O Mattress™ mattresses must not be used on floors susceptible to moisture build-up such as concrete, below-grade (basement), or on floors in humid environments. Such inappropriate use may result in mold growth on the bottom of the mattress and void your warranty. O Mattress™ mattresses are designed for use on firm surfaces, non-spring foundations or adjustable bed bases that are structurally capable of supporting the weight of the consumer purchaser's mattress, foundation, and any users. The consumer purchaser must use their O Mattress™ mattress on a breathable foundation that allows air to circulate beneath it. It is the consumer purchaser's responsibility to maintain an adequate foundation and provide appropriate support for the mattress. Substitution or use of an improper foundation or other base upon which the mattress is placed may result in damage to the product and void this warranty. Consumer purchasers using a bed frame must ensure it provides sturdy support for both the mattress and foundation; including a center support and having at least 5 to 6 legs for queen and king mattresses, and at least 4 leg support for twin and double mattresses. Consumer purchasers using their mattress directly on a slatted bed system must ensure that the slats are a minimum of 2" (inches) in width, and have gaps between them of no more than 3" (inches). Queen and king platform beds and slat system bed frames used in conjunction with your O Mattress™ mattresses require at least one center support beam. Platform beds and adjustable bases made of wired metal are not acceptable for use with O Mattress™ mattresses.
This O Mattress™ warranty covers the following items during normal usage and wear:
- Permanent indentations
- Deterioration causing the mattress to have a visible indentation more than 1” (inch) in the first 10 years, or 1.5″ (inches) in the last 10 years of the warranty period, that is not associated with an indentation or sag which results from use of an improper or unsupportive foundation or adjustable bed base.
- Physical flaws
- Any physical flaw in the mattress that causes the foam material to split or crack, despite normal usage and proper handling.
- Any manufacturing defect in the zipper assembly or fabrics of the mattress cover.
This O Mattress™ warranty does not cover the following:
- Improper usage including stains, spills, rips, tears or damage of any kind to the mattress which voids the warranty, with the following being explicitly acknowledged to be improper usage:
- Damage from use with an inadequate foundation or frame.
- Mold or mildew caused from use of the mattress on non-breathable surface.
- Mattress damage due to abuse, misuse or unsanitary treatment beyond reasonable use including, but not limited to burns, fire, cuts, tears, stains, water, chemicals, bodily fluids, or spills of any kind.
- Non-compliance of washing instructions and handling for the cover resulting in damage to the cover or zipper.
- Normal increase of softness which can occur during regular use.
- Body indentations less than 1” (inch) in the first 10 years or less than 1.5″ (inches) in the last 10 years of the warranty period.
- Complications resulting from use or inability to use product.
- Individual comfort preferences.
- Height of bed due to consumer purchaser’s bed frame or headboard.
- Sheet fit.
- Replacement of an accompanying O Mattress™ product where only one piece is defective, unless that accompanying piece is also defective.
For greater certainty, O Mattress™ does not warrant our products as a remedy for aches, pains or other health issues or medical issues or medical condition of the consumer purchaser or of any subsequent purchaser or any users whatsover.
Exclusive Remedy and Other Limitations
Subject to any applicable law, any and all implied or explicit warranties on this O Mattress™ mattress product, including any implied or explicit warranty of merchantability or any implied or explicit warranty of fitness for a particular purpose, shall not exceed the duration of the term of this 20 year limited replacement warranty, which begins at the date that the mattress is purchased by the consumer purchaser. The service terms stated in the O Mattress™ 20 year limited replacement warranty shall be the customer purchaser’s sole and exclusive remedy in the event of product failure during the warranty period. O Mattress™ shall not be liable for incidental or consequential damages arising out of the uses of the consumer purchaser or their inability to use this product, or for the breach of this or any other express or implied warranty. O Mattress™ does not warrant that this product is suitable for any aches, pains or other health issues or medical issues or medical condition of the consumer purchaser, or of any subsequent purchaser or any users. O Mattress™ makes no warranty beyond what is contained in writing here. Some states or territories may not allow limitations on how an implied or explicit warranty lasts, so the above limitation may not apply to you. Some states or territories may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives the consumer purchaser specific legal rights, and the consumer purchaser may also have other rights which may vary from state to state, or territory to territory. O Mattress™ does not provide any warranty to any person other than the consumer purchaser, and specifically excludes any subsequent purchaser or any users. O Mattress™ does not authorize any person to create any other obligation of liability in connection to this O Mattress™ 20 year limited replacement warranty.
Arbitration and Governing Laws
In the event a dispute arises between you and O Mattress™ arising out of the O Mattress™ 20 year limited replacement warranty, this dispute will be settled solely and exclusively by binding arbitration in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA”). O Mattress™ and the consumer purchaser (or the parties) waive the right to join or consolidate this claim and other claims in arbitration; and waive the right to proceed in any class actions with regard to any dispute or claims related to this before any courts anywhere. The governing law of the arbitration and any matters arising under the O Mattress™ 20 year limited replacement warranty is the law of the State of Delaware, with the Courts of the State of Delaware being the only forum and having exclusive jurisdiction to hear and resolve all matters arising for the O Mattress™ 20 year limited replacement warranty. The parties agree to binding arbitration in order to effect efficient and speedy dispute resolution.
Supporting Documentation to Process Warranty
Subject to any additional requirements on O Mattress™ website, the following supporting documentation is required to process the O Mattress™ 20 year limited replacement warranty:
- Measuring Indentations: O Mattress™ will require that the consumer purchaser provide photos demonstrating the indentation by laying the product directly on a flat floor, and measuring the vertical distance from a flat and level string pulled tightly across the product and lightly contacting the product on opposite sides, to the lowest point of the indentation using a clearly demarcated measuring device.
- Physical flaws: O Mattress™ will require that the consumer purchaser provide photos of any physical flaws that are the origin of a warranty claim. Photos required will vary depending on the physical flaw being reported.
Repairs and Replacements
In the event a O Mattress™ 20 year limited replacement warranty claim is filed and a warranty repair or replacement is deemed necessary, the consumer purchaser will be required to surrender and ship the original product to O Mattress™ at their own expense prior to the time of repair or replacement.
O Mattress™ may, at its own option, repair or replace the cover provided on the mattress. In the event that O Mattress replaces the mattress cover, O Mattress™ will replace it with the current style of cover available for the mattress, which may be of a different color or material than the original cover provided.
The O Mattress™20 year limited replacement warranty does not include the costs of shipping and handling associated with any repairs or replacement, which costs are to be borne by the consumer purchaser. Additional shipping charges may apply if the O Mattress™ mattress has been moved from the original shipping destination, or if the original shipping destination is in a remote location.
Should the O Mattress™ 20 year limited replacement warranty be exercised and the O Mattress™ mattress is repaired or replaced, the warranty for the replacement mattress will be extended for the duration of the original O Mattress™ warranty only. O Mattress™ representatives or designated agents shall make the final determination regarding repair or replacement.
THE CONSUMER PURCHAER IS REQUIRED TO RETAIN THIS WARRANTY CARD, ORIGINAL PURCHASE RECEIPT, AND LAW TAG LABEL FOR AT LEAST TWENTY (20) YEARS FROM THE DATE OF PURCHASE.
· Deterioration causing the mattress to have a visible indentation more than 1” (inch) in the first 10 years, or 1.5″ (inches) in the last 10 years of the warranty period, that is not associated with an indentation or sag which results from use of an improper or unsupportive foundation or adjustable bed base.