Earthfoam warrants that it will, at its option, and at its expense, repair or replace this mattress should it be determined to contain a defect which is covered by the terms of this Limited Warranty.
This Limited Warranty lasts for a period of ten (10) years, with such time dating from the date of the product purchase as noted as your sales slip or as may be otherwise evidenced by appropriate documentation. Proof of direct, authorized purchase is required with all warranty claims.
This warranty applies only to Earthfoam Orgranic Mattress and is not extended to other products in the Earthfoam product line.
Who this Limited Warranty is Extended to:
This Limited Warranty extends to the initial, “original” purchaser of this product only and not to any possible future owner(s) of the product. For purposes of this Limited Warranty an “original” purchaser is the individual or entity who purchased this mattress from Earthfoam directly or, as the case may be, from an authorized retailer, distributor or dealer.
What this Limited Warranty Covers:
For purposes of this Limited Warranty, a defect includes the following:
“Sinkage” or “indentations” in the mattresses foam measuring one inch or more deep.
Any cracks or splits of the foam of the mattress which significantly impact the performance of the mattress as long as such damage is not due to any abuse or misuse by the users, including the lack of proper support of the mattress or improper handling of the mattress.
What this Limited Warranty Does Not Cover:
This Limited Warranty does NOT cover the following:
Damage due to the product due to improper support of the mattress, damage due to the product due to improper handling of the mattress or to any damage caused by roughhousing or other misuse, including, but not limited to: burns, spills, bodily fluids, cuts, etc.
Dissatisfaction due to subjective comfort.
Deterioration of the mattress due to normal wear and tear including slight foam indentations of less than one (1) inch.
Any product used in a commercial setting such as a hotel, bed and breakfast, motel, hospital, nursing home, group home, etc.
Commercial warranty terms apply in such a case and not the terms of this Limited Warranty.
Any mattress sold as “Final” or “As Is” because it had been a floor sample, demonstration model, etc.
EARTHFOAM SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT OR ARISING OUT OF ANY BREACH OF THIS LIMITED WARRANTY; THE EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY SHALL BE REPLACEMENT OR CREDIT TOWARDS REPLACEMENT AS SET FORTH HEREIN. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, INC LUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THE WARRANTY DESCRIBED ON THE FACE OF THIS LIMITED WARRANTY.
IN ANY CASE, THE EXTENT OF LIABILITY ON THE PART OF EARTHFOAM WILL BE LIMITED TO THAT OF THE PURCHASE PRICE OF THE PRODUCT.
ALL PARTS OF THIS LIMITED WARRANTY APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OR UNLESS PROHIBITED BY LAW. THIS LIMITED WARRANTY GIVES THE PURCHASER SPECIFIC LEGAL RIGHTS, AND THE PURCHASER MAY ALSO HAVE OTHER RIGHTS, WHICH MAY VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
How to file a claim under this Limited Warranty:
To file a claim under the terms of this Limited Warranty, please contact Earthfoam at 1-312-380-1960 or by emailing us at email@example.com. Please have your proof of purchase documentation ready and available. In the event that a warranty claim is filed and a product replacement is deemed necessary, purchaser must surrender the original product to Earthfoam.
In the event that you, the purchaser, makes a claim under this Limited Warranty, Earthfoam will, within thirty days of its receipt of your returned mattress, repair or replace it, if is found to be defective. While Earthfoam will pay for shipping costs associated with the replacement product to the original purchaser, any shipping costs incurred with the return of a mattress from the purchaser to Earthfoam will be borne by the purchaser.