25 YEAR LIMITED MATTRESS WARRANTY
Your new Avocado Green Mattress is covered by a 25 year limited warranty (the “Mattress Warranty”). Our 25 year limited Mattress Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
This limited Mattress Warranty extends to the original purchaser of our Mattresses, and extends to all Avocado Green Mattresses (“Mattress”) purchased directly from Avocado Mattress, LLC (“Avocado Mattress”). This limited warranty is not transferable.
Avocado Mattress warrants the Mattress against the defects in material and workmanship set forth below (“Defects”) for a period of 25 years from the time your 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).
YEARS 1-10: FULL COVERAGE — NON-PRORATED
During the first ten (10) years of the Limited Warranty, Avocado Mattress will not charge purchaser to repair or replace purchaser’s mattress if it qualifies under the Limited Warranty. This period is non-prorated which means that we don’t charge you 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 11-25: LIMITED COVERAGE — PRORATED
During years 11-25 of this 25-Year Limited Warranty Avocado Mattress will, at our option, replace the mattress at a prorated charge to the purchaser plus 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 (50) percent of the original purchase price. If the mattress is replaced after the eleventh (11th) year, but before the twenty-first (21st) year, the prorated replacement charge the purchaser pays will increase by five (5) percent for each subsequent year of the prorated period (i.e. 55% of the original purchase price if replaced during year twelve (12); 60% of the original purchase price if replaced during year thirteen (13), etc. If the mattress is replaced in year twenty-one (21) or any point thereafter prior to expiration of the Limited Warranty the prorated replacement charge will be 95% of the original purchase price. The existing Limited Warranty will continue to cover the replacement mattress for the remaining of the 25 Year Limited Warranty period and no further prorated costs for any additional approved Warranty Claims made against the replacement mattress will be required.
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 Avocado Mattress’ discretion, will be used as a replacement for the defective mattress.
THIS 25 YEAR LIMITED WARRANTY COVERS
This Limited Warranty covers the following defects:
- Any VISIBLE indentation equal or greater than (1) inch 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 Avocado Mattress, the Limited Warranty, without limitation will be void. Avocado Mattress may require purchaser to provide proof of the quality of the foundation, box spring or base used. It is recommended that users rotate their mattress head-to-toe, once a month for the first six months, then every other month for the life of their mattress, to ensure even wear.
- Any physical flaw in the natural latex foam that causes it to split or crack under conditions of normal use and proper handling.
- 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.
- A proper bed frame is defined, for the purpose of this Limited 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 and Full Mattresses. For Queen, King, and California King slatted style bed frames, there cannot be greater than five (5) inches between each slat in order to provide ample structural support for the foundation and user(s).
This Limited Warranty does not cover:
- 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.
- A normal increase in softness due to normal usage.
- Comfort preference. Any comfort level description of any mattress is solely provided as a guideline and Avocado 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.
- Physical abuse or damage to the structure and/or materials, including, but not limited to burns, cuts, tears, and/or liquid damage.
- 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.
- Damage associated with an improper bed frame, foundation, box spring or base as determined by Avocado Mattress.
- Imperfections that do not prevent ordinary use and enjoyment of the Product 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 Warranty. More specifically, this 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 1.5 inches in the mattress as measured below the quilt level – in other words, some settling of the fiber in the quilt should be expected and is not considered a “defect”); (g) individual or personalized allergies and sensitivities; and (h) naturally occurring cotton or foam aromas.
- In addition, this 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 Product; (e) attempting to clean the Product in an inappropriate manner; and (f) improper storage of the Product (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.
- 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 Warranty is valid if your product was opened within two (2) weeks 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 resulting, but not limited to mold, odors, and/or discoloration that is not covered under this Limited Warranty.
- Avocado Mattress makes no medical or health claims regarding its Mattresses. Allergies, discomfort, or other conditions, are not covered under this Warranty. Any questions or concerns regarding medical or health conditions should be addressed by a licensed physician.
If your mattress has a defect covered under this Limited Warranty, Avocado Mattress’ sole and exclusive liability (and your sole remedy under this Limited Mattress Warranty) will be, at Avocado Mattress’ option, to provide a replacement Mattress, subject to your fulfillment of your obligations as set forth herein.
In the event we choose 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 Avocado Mattress’ discretion will be used as a replacement for the defective mattress.
MAKING A CLAIM
To make a valid claim under this warranty, you must:
- Fill out a warranty ticket supplied when you contact email@example.com. This should include a brief narrative describing the defect and how it is affecting the performance of the Mattress. You must also provide a valid original proof of purchase demonstrating date of purchase and that the claimant is the original purchaser and still has the bed.
- Provide photographic evidence of the law tag evidencing that the law tag remains on the bed and has not been altered.
- Provide photos of the defect if you believe it would help us to understand the nature of the defect or if we request them.
Please send all requested documentation to firstname.lastname@example.org. You are responsible for submitting your claim with the sufficient supporting documentation for us to provide a remedy if necessary. We reserve the right, in our 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 Limited Warranty. Your Limited Warranty may be voided if you refuse to cooperate with our investigation, provide adequate responses to our requests, or comply with any provision of this Limited Warranty.
In the event of the issuance of a replacement mattress, we may ask you to donate the used mattress to charity. 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.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR 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 OUR 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 WE OR OUR 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 WE 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 AVOCADO MATTRESS’ LIABILITY EXCEED THE PURCHASE PRICE PAID FOR THE MATTRESS GIVING RISE TO ANY SUCH LIABILITY.
If a dispute arises between you and Avocado Mattress arising out of or relating to this Warranty, that dispute will be resolved in accordance with the general dispute resolution provisions of our 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 Limited 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 our Terms of Service an arbitration concerning a dispute arising out of or relating to our 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.
This limited Mattress Warranty will be governed by the laws of the State of New Jersey.
Avocado Mattress, LLC
12 Hudson Place, Suite 100, Hoboken, NJ 07030
ONE YEAR LIMITED PILLOW WARRANTY
Your new Avocado Green Pillow is covered by a one year limited warranty (the “Pillow Warranty”). Our one year limited Pillow Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
This limited Pillow Warranty extends to the original purchaser of our Pillows, and extends to all Avocado Green Pillows (“Pillows”) purchased directly from Avocado Mattress, LLC (“Avocado Mattress”). This limited warranty is not transferable.
Avocado Mattress warrants the Pillow against the defects in material and workmanship set forth below (“Defects”) for a period of one year from the time your Pillow is purchased by you, when the Pillow is used normally for its intended purposes.
ONE YEAR LIMITED WARRANTY COVERAGE
This Limited Warranty does not cover the following:
- Normal wear and tear as a result of washing and intended use.
- Comfort preference.
- Physical abuse or damage to the Product, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the defect is caused by such abuse or damage.
- Any of the listed Products (whether manufactured by Avocado Mattress or not) sold by resellers who are not authorized retailers.
In the event of a defect, Avocado Mattress’ sole and exclusive liability and your sole remedy under this Limited Warranty will be, at Avocado Mattress’ option, to provide a replacement, subject to your fulfillment of the requirements set forth below.
To get the benefit of this limited Warranty, you must return your Product to Avocado Mattress or the product manufacturer and provide Avocado Mattress with proof of the original date of purchase as well as proof that the Product was in fact returned.
MAKING A CLAIM
To file a claim under this warranty, please submit a request to email@example.com. Evidence of a defect and proof of purchase must be included. The address for returns will vary depending on the product and will be provided to you once we review your submissions and determine that there is in fact a defect covered by this Limited Warranty. In the event of a defect, Avocado Mattress will ship a replacement to you upon proof that you returned the defective Product.
Replaced Products are subject to the same limited Warranty as the original. For example, if you obtain replacement that are the same style and price as the original, then the warranty term of the replaced Product begins from the date of purchase of the original.
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PRODUCTS ARE PROVIDED “AS IS” AND THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, IN NO EVENT WILL AVOCADO MATTRESS OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE PRODUCT OR ITS USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF AVOCADO MATTRESS HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. AVOCADO MATTRESS’ TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO SUCH LIABILITY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
In the event a dispute arises between you and Avocado Mattress arising out of this Limited Warranty, such dispute will be determined and settled by binding arbitration between the parties, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). More information about the AAA is located at www.adr.org, or you can call the AAA at 1-800-778-7879.
You must seek arbitration for disputes arising out of this Limited Warranty prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act. If you choose to pursue any rights and remedies that are not created by Title I of the Magnuson Moss Warranty Act, then arbitration is not required.
Arbitration will take place in Hoboken, New Jersey.
The arbitration will not be combined with any other proceeding or arbitration against one of the parties. Each party will designate one arbitrator and the two designated arbitrators will select a third arbitrator, who will serve as the chair of the arbitration panel. If the two arbitrators cannot agree on the third arbitrator, then the AAA will appoint the third arbitrator. Barring extraordinary circumstances, the arbitrators will issue their decision within 120 days from the date the third arbitrator is selected by the two designated arbitrators or appointed by the AAA. The arbitrators may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all related records will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The decision and the arbitrators’ award will be in writing and will include a statement setting forth the reasons for the disposition of any claim. A dissenting decision will also be set forth in writing. The arbitrators’ award will be final and binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction.
This limited Pillow Warranty will be governed by the laws of the State of New Jersey.
Avocado Mattress, LLC
12 Hudson Place, Suite 100, Hoboken, NJ 07030