MATTRESSES
MATTRESS TOPPERS
PLUSH ALPACA PILLOW TOPPER
PILLOWS
MATTRESS PAD PROTECTORS
SHEETS
WOOD BED FRAMES
DRESSERS
END TABLES
FOUNDATIONS
METAL BED FRAMES
ADJUSTABLE BED FRAME

 

AVOCADO GREEN, VEGAN & CRIB MATTRESSES

25-YEAR LIMITED MATTRESS WARRANTY

Beginning on the date of purchase, your new Avocado Green Mattress®, Avocado Vegan Mattress®, Avocado Luxury Organic Crib Mattress, and Organic Crib Mattress (the “Mattress”) are covered by a 25-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 Avocado Mattress, LLC (“Avocado Mattress”). The “original purchaser” for the purposes of this Mattress Warranty is the first purchaser of the Mattress from Avocado Mattress. This Mattress Warranty is not transferable and applies only to a mattress purchased from Avocado Mattress by the original purchaser.

Avocado Mattress warrants the Mattress against defects in material and workmanship set forth below (“Defects”) for a period of 25 years. If your Mattress has a defect covered under this Mattress Warranty, Avocado Mattress’ sole and exclusive liability (and your sole remedy under this Mattress Warranty) will be, at Avocado Mattress’ option, to provide a replacement Mattress, subject to your fulfillment of your responsibilities as set forth herein.

In the event Avocado 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 Avocado 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 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). 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 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.

Avocado 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.
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 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, Avocado 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 Avocado Mattress by the original purchaser.

DEFECTS COVERED UNDER THE MATTRESS WARRANTY:

  • Any VISIBLE indentation equal or greater than one (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 Mattress Warranty, without limitation, will be void. Avocado Mattress may require the purchaser to provide proof of the quality of the foundation, box spring or base used.
  • 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.

THIS MATTRESS 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.
  • 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 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 (1) inch 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, wool, or latex foam aromas.
  • 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, Avocado 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 Avocado 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 11-25: LIMITED COVERAGE — PRORATED

During years 11-25 of the Mattress Warranty, Avocado 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 (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 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 Avocado 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 ticket supplied when you contact support@avocadomattress.com. This should include a brief narrative describing the defect and how it is affecting the performance of the Mattress.

You must also provide:

  • Valid original proof of purchase demonstrating date of purchase and that the claimant is the original purchaser and still has the bed.
  • Photographic evidence of the law tag evidencing that the law tag remains on the bed and has not been altered.
  • Photos of the defect if you believe it would help Avocado Mattress understand the nature of the defect, or if Avocado Mattress requests them.

Please send all requested documentation to support@avocadomattress.com. You are responsible for submitting your claim with sufficient supporting documentation for Avocado Mattress to provide a remedy if necessary. Avocado Mattress reserves the right, in Avocado 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 Avocado Mattress, LLC products is addresses within the 50 states of the United States only, including Alaska and Hawaii. If your Avocado 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, Avocado 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 Avocado 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 Avocado 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 Avocado 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 Avocado Mattress’ liability exceed the purchase price paid for the mattress giving rise to any such liability.

ARBITRATION

If a dispute arises between you and Avocado 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 Avocado 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 Avocado 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

Avocado Mattress, LLC
12 Hudson Place, Suite 100, Hoboken, NJ 07030
support@avocadomattress.com

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AVOCADO GREEN & VEGAN MATTRESS TOPPERS

10-YEAR LIMITED MATTRESS TOPPER WARRANTY

If you purchased your Mattress Topper on the same order as your mattress, the warranty is extended to a 25-year limited warranty, effective Tuesday, March 24, 2020
Beginning on the date of purchase, your new Avocado Green Mattress Topper and Avocado Vegan Mattress Topper (the “Mattress Topper”) is covered by a 10-year limited warranty (the “Mattress Topper Warranty”). This Mattress Topper Warranty extends to the original purchaser of the Mattress Topper, and extends to all Mattress Toppers purchased directly from Avocado Mattress, LLC (“Avocado Mattress”). The “original purchaser” for the purposes of this Mattress Topper Warranty is the first purchaser of the Mattress Topper from Avocado Mattress. This Mattress Topper Warranty is not transferable and applies only to a Mattress Topper purchased from Avocado Mattress by the original purchaser.

Avocado Mattress warrants the Mattress Topper against the defects in material and workmanship set forth below (“Defects”) for a period of 10 years from the time your Mattress Topper is purchased by you, when the Mattress Topper is used normally for its intended purposes on top of an existing mattress.

If your Mattress Topper has a defect covered under this Mattress Topper Warranty, Avocado Mattress’ sole and exclusive liability (and your sole remedy under this Mattress Topper Warranty) will be, at Avocado Mattress’ option, to provide a replacement Mattress Topper, subject to your fulfillment of your obligations as set forth herein.

In the event Avocado Mattress chooses to replace the Mattress Topper, the replacement will be of the same model and size as the original Mattress Topper purchased. In no event will a substitution model be used as a replacement except in the case of a discontinued Mattress Topper, in this event a Mattress Topper of like build and design, at Avocado Mattress’ discretion will be used as a replacement for the defective Mattress Topper.

YOUR RESPONSIBILITIES

In the case of a Mattress Topper that is packaged in a compressed and rolled manner, your Mattress Topper Warranty is valid if your product was opened within two (2) weeks of receiving the Mattress Topper to prevent compression for an extended period of time. A Mattress Topper that is compressed for a prolonged period may have structural damage and/or condensation from being packaged for an extended period of time.

Avocado Mattress makes no medical or health claims regarding its Mattress Toppers. Allergies, discomfort, or other conditions are not covered under this Mattress Topper Warranty. Any questions or concerns regarding medical or health conditions should be addressed by a licensed physician.

It is recommended that users rotate their Mattress Topper 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.

In the event of the issuance of a replacement Mattress Topper, Avocado Mattress may ask you to donate the used Mattress Topper to charity to help repurpose the Mattress Topper to 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. Avocado is not responsible for any costs incurred from repackaging and cannot reimburse customers for a replacement box or packaging services. This Mattress Topper Warranty is not transferable and applies only to a Mattress Topper purchased from Avocado Mattress by the original purchaser.

DEFECTS COVERED UNDER THE MATTRESS TOPPER WARRANTY:

  • Any VISIBLE indentation equal or greater than one (1) inch that is NOT associated with or resulting from faulty or improper usage. The indentation must be visible to the naked eye when no weight is applied to the top of the Mattress Topper.
  • 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 Topper cover such as the fabric tearing or stitching unraveling. Any cosmetic damages to the Mattress Topper, not caused by normal wear and tear or that affect the performance of the Mattress Topper.

THIS MATTRESS TOPPER WARRANTY DOES NOT COVER:

  • Using the Mattress Topper on any other surface other than an existing mattress.
  • Normal wear and tear or any condition resulting from misuse or abuse of the Mattress Topper or failure to keep the Mattress Topper 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 Topper, 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 Topper is exposed to excessive water or humidity.
  • Imperfections that do not prevent ordinary use and enjoyment of the Mattress Topper 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 Topper Warranty. More specifically, this Mattress Topper 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 (1) inch in the Mattress Topper 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, wool, or latex foam aromas.
  • In addition, this Mattress Topper Warranty does not cover conditions resulting from abusive handling, misuse, or neglect. Accordingly, the following circumstances, if discovered upon inspection, will void your Mattress Topper Warranty: (a) any unsanitary condition; (b) burns; (c) use of the Mattress Topper on an improper bed frame; (d) physically abusing the Mattress Topper; (e) attempting to clean the Mattress Topper in an inappropriate manner; and (f) improper storage of the Mattress Topper (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 1-5: FULL COVERAGE — NON-PRORATED

During the first five (5) years of the Mattress Topper Warranty, Avocado Mattress will not charge purchaser to repair or replace purchaser’s Mattress Topper if it qualifies under the Mattress Topper Warranty. This period is non-prorated, which means that Avocado Mattress does not charge a percentage of the repair costs or replacement product based on the amount of time you slept on the Mattress Topper prior to noticing a defect.

YEARS 6-10: LIMITED COVERAGE — PRORATED

During years 6-10 of this Mattress Topper Warranty, Avocado Mattress will, at its option, replace the Mattress Topper 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 Topper is replaced.

If the Mattress Topper is replaced during the sixth (6th) year, the prorated replacement charge the purchaser pays will be fifty (50) percent of the original purchase price. If the Mattress Topper is replaced after the seventh (7th) year, the prorated replacement charge the purchaser pays will increase by ten (10) percent for each subsequent year of the prorated period. If the Mattress Topper is replaced in year ten (10) or any point thereafter prior to expiration of the Mattress Topper Warranty the prorated replacement charge will be 90% of the original purchase price.

The replacement will be of the same model and size as the original Mattress Topper purchased. In no event will a substitution model be used as a replacement except in the case of a discontinued Mattress Topper. In this event, a Mattress Topper of like build and design, at Avocado Mattress’ discretion, will be used as a replacement for the defective Mattress Topper. Replaced or repaired Mattress Toppers are subject to the same Mattress Topper Warranty as the original Mattress Topper. If you obtain a replaced or repaired Mattress Topper, the warranty term of the replaced or repaired Mattress Topper begins from the date of purchase of the original Mattress Topper. If applicable, a replacement mattress topper ends your sleep trial.

MAKING A CLAIM

To make a valid claim under this Mattress Topper Warranty, you must: Fill out a warranty ticket supplied when you contact support@avocadomattress.com. This should include a brief narrative describing the defect and how it is affecting the performance of the Mattress Topper.

You must also provide:

  • Valid original proof of purchase demonstrating date of purchase and that the claimant is the original purchaser and still has the Mattress Topper.
  • Photographic evidence of the law tag evidencing that the law tag remains on the bed and has not been altered.
  • Photos of the defect if you believe it would help Avocado Mattress understand the nature of the defect, or if Avocado Mattress requests them.

Please send all requested documentation to support@avocadomattress.com. You are responsible for submitting your claim with sufficient supporting documentation for Avocado Mattress to provide a remedy if necessary. Avocado Mattress reserves the right, in Avocado Mattress’ sole discretion, to require photographs, further information or descriptions, or to send a representative or independent mattress inspector to physically inspect the Mattress Topper prior to accepting your claim under this Mattress Topper Warranty. Your Mattress Topper 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 Topper Warranty.

The serviceable area for all Avocado Mattress, LLC products is addresses within the 50 states of the United States only, including Alaska and Hawaii. If your Avocado Mattress, LLC product is located outside the USA, you are responsible for any costs associated with pick-up and return. Avocado is not responsible for any costs incurred from repackaging and cannot reimburse customers for a replacement box or packaging services.

DISCLAIMER: LIMITATIONS ON LIABILITY

To the maximum extent permitted by applicable law, Avocado 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 Avocado 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 Avocado 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 Avocado 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 Avocado Mattress’ liability exceed the purchase price paid for the Mattress Topper giving rise to any such liability.

ARBITRATION

If a dispute arises between you and Avocado Mattress arising out of or relating to this Mattress Topper Warranty, that dispute will be resolved in accordance with the general dispute resolution provisions of the Avocado 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 Topper 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 Avocado Mattress terms of service, an arbitration concerning a dispute arising out of or relating to the Mattress Topper 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 Topper Warranty will be governed by the laws of the State of New Jersey.

WARRANTOR

Avocado Mattress, LLC
12 Hudson Place, Suite 100, Hoboken, NJ 07030
support@avocadomattress.com

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AVOCADO PILLOWS

ONE-YEAR LIMITED PILLOW WARRANTY

Beginning on the date of purchase, your new Avocado Green Pillow, Avocado Molded Latex Pillow, and Avocado Meditation Pillow (the “Pillow”) is covered by a one-year limited warranty (the “Pillow Warranty”). This Pillow Warranty extends to the original purchaser of the Avocado Green Pillow, Avocado Molded Latex Pillow, Avocado Meditation Pillow (“Pillow”), and extends to all Pillows purchased directly from Avocado Mattress, LLC (“Avocado Mattress”). The “original purchaser” for the purposes of this Pillow Warranty is the first purchaser of the Pillow from Avocado Mattress. This Pillow Warranty is not transferable and applies only to Pillows purchased from Avocado Mattress by the original purchaser.

Avocado Mattress warrants the Pillow against the defects in material and workmanship 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.

YOUR RESPONSIBILITIES

In the event of a defect, Avocado Mattress’ sole and exclusive liability and your sole remedy under this Pillow 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 Pillow Warranty, you must return your Pillow 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 Pillow was in fact returned. Avocado is not responsible for any costs incurred from repackaging and cannot reimburse customers for a replacement box or packaging services.

THE PILLOW WARRANTY DOES NOT COVER

  • 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.

MAKING A CLAIM

To file a claim under this warranty, please submit a request to support@avocadomattress.com. Evidence of a defect and proof of purchase must be included. The address for returns will vary depending on the Pillow and will be provided to you once Avocado Mattress has reviewed your submissions and determine that there is in fact a defect covered by this Pillow Warranty. In the event of a defect, Avocado Mattress will ship a replacement to you upon proof that you returned the defective Pillow.

Replaced Pillows are subject to the same Pillow Warranty as the original. For example, if you obtain replacement that are the same style and price as the original, then the Pillow Warranty term of the replaced Pillow begins from the date of purchase of the original.

The serviceable area for all Avocado Mattress, LLC products is addresses within the 50 states of the United States only, including Alaska and Hawaii. If your Avocado Mattress, LLC product is located outside the USA, you are responsible for any costs associated with pick-up and return. Avocado is not responsible for any costs incurred from repackaging and cannot reimburse customers for a replacement box or packaging services.

DISCLAIMER: LIMITATIONS ON LIABILITY

To the extent permissible by applicable law, the Pillow is provided “as is” and this Pillow 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 Pillow 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 Bedding 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 pillow 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.

ARBITRATION

If a dispute arises between you and Avocado Mattress arising out of or relating to this Pillow Warranty, that dispute will be resolved in accordance with the general dispute resolution provisions of the Avocado 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 Pillow 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 Avocado Mattress terms of service, an arbitration concerning a dispute arising out of or relating to the Pillow 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 Pillow Warranty will be governed by the laws of the State of New Jersey.

WARRANTOR

Avocado Mattress, LLC
12 Hudson Place, Suite 100, Hoboken, NJ 07030
support@avocadomattress.com

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AVOCADO BEDDING

ONE-YEAR LIMITED BEDDING WARRANTY

Beginning on the date of purchase, your new Avocado Organic Suvin Cotton Sheets, Avocado Plush Alpaca Pillow Topper, Avocado Organic Cotton Mattress Pad Protector, Avocado Quilted Pillow Protector, and Avocado Waterproof Mattress Protector (the “Bedding”) is covered by a one-year limited warranty (the “Bedding Warranty”). This Bedding Warranty extends to the original purchaser of the Avocado Organic Suvin Cotton Sheets, Avocado Plush Alpaca Pillow Topper, Avocado Organic Cotton Mattress Pad Protector, Avocado Quilted Pillow Protector, Avocado Waterproof Mattress Protector (“Bedding”), and extends to all Bedding purchased directly from Avocado Mattress, LLC (“Avocado Mattress”). The “original purchaser” for the purposes of this Bedding Warranty is the first purchaser of the Bedding from Avocado Mattress. This Bedding Warranty is not transferable and applies only to Bedding purchased from Avocado Mattress by the original purchaser.

Avocado Mattress warrants the Bedding against the defects in material and workmanship for a period of one year from the time your Bedding is purchased by you, when the Bedding is used normally for its intended purposes.

YOUR RESPONSIBILITIES

In the event of a defect, Avocado Mattress’ sole and exclusive liability and your sole remedy under this Bedding 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 Bedding Warranty, you must return your Bedding 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 Bedding was in fact returned. Avocado is not responsible for any costs incurred from repackaging and cannot reimburse customers for a replacement box or packaging services.

THE BEDDING WARRANTY DOES NOT COVER

  • 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.

MAKING A CLAIM

To file a claim under this warranty, please submit a request to support@avocadomattress.com. Evidence of a defect and proof of purchase must be included. The address for returns will vary depending on the Bedding and will be provided to you once Avocado Mattress has reviewed your submissions and determined that there is in fact a defect covered by this Bedding Warranty. In the event of a defect, Avocado Mattress will ship a replacement to you upon proof that you returned the defective Bedding.

Replaced Bedding are subject to the same Bedding Warranty as the original. For example, if you obtain replacement that are the same style and price as the original, then the Bedding Warranty term of the replaced Bedding begins from the date of purchase of the original.

The serviceable area for all Avocado Mattress, LLC products is addresses within the 50 states of the United States only, including Alaska and Hawaii. If your Avocado Mattress, LLC product is located outside the USA, you are responsible for any costs associated with pick-up and return. Avocado is not responsible for any costs incurred from repackaging and cannot reimburse customers for a replacement box or packaging services.

DISCLAIMER: LIMITATIONS ON LIABILITY

To the extent permissible by applicable law, the Bedding is provided “as is” and this Bedding 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 Bedding 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 Bedding 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 bedding 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.

ARBITRATION

If a dispute arises between you and Avocado Mattress arising out of or relating to this Bedding Warranty, that dispute will be resolved in accordance with the general dispute resolution provisions of the Avocado 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 Bedding 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 Avocado Mattress terms of service, an arbitration concerning a dispute arising out of or relating to the Bedding 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 Bedding Warranty will be governed by the laws of the State of New Jersey.

WARRANTOR

Avocado Mattress, LLC
12 Hudson Place, Suite 100, Hoboken, NJ 07030
support@avocadomattress.com

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AVOCADO BED FRAMES

TEN-YEAR LIMITED WOOD BED FRAME WARRANTY

Beginning on the date of purchase, your new Avocado Eco Wood Bed Frame and/or Natural Wood Bed Frame (the “Bed Frame”) is covered by a 10-year limited warranty (the “Bed Frame Warranty”). This Wood Bed Frame Warranty extends to the original purchaser of the Avocado Eco and Natural Wood Bed Frames (“Bed Frames”), and extends to all Bed Frames purchased directly from Avocado Mattress, LLC (“Avocado Mattress”). The “original purchaser” for the purposes of this Wood Bed Frame Warranty is the first purchaser of the Bed Frame from Avocado Mattress. This Wood Bed Frame Warranty is not transferable and applies only to a Bed Frame purchased from Avocado Mattress by the original purchaser.

Avocado Mattress warrants the Bed Frame against the defects in material and workmanship for a period of 10 years from the time your Bed Frame is purchased by you, when the Bed Frame is used normally for its intended purposes.

YOUR RESPONSIBILITIES

In the event of a defect, Avocado Mattress’ sole and exclusive liability and your sole remedy under this Bed Frame Warranty will be, at Avocado Mattress’ option, to provide a replacement, subject to your fulfillment of the requirements set forth below.

To receive the benefit of this Bed Frame Warranty, you must supply Avocado Mattress with proof of the original date of purchase.

THE BED FRAME WARRANTY DOES NOT COVER

  • Normal wear and tear as a result of intended use.
  • Comfort preference.
  • The natural character of vintage wood, to include smoothed nail holes, natural patina, fine cracks, and other weathering.
  • Physical abuse or damage to the Bed Frame, including but not limited to: burns, nicks, cuts, tears, liquid damage, or stains; provided, that the defect is caused by such abuse or damage.

MAKING A CLAIM

To file a claim under this warranty, please submit a request to support@avocadomattress.com. Evidence of a defect and proof of purchase must be included. The address for returns will vary depending on the Bed Frame and will be provided to you once Avocado Mattress has reviewed your submission and determines that there is in fact a defect covered by this Bed Frame Warranty. In the event of a defect, Avocado Mattress will ship a replacement to you upon proof that the product is defective.

Replaced Bed Frames are subject to the same Bed Frame Warranty as the original. For example, if you obtain a replacement that is the same style and price as the original, then the Bed Frame Warranty term of the replaced Bed Frame begins from the date of purchase of the original.

The serviceable area for all Avocado Mattress, LLC products is addresses within the 50 states of the United States only, including Alaska and Hawaii. If your Avocado 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 extent permissible by applicable law, the Bed Frame is provided “as is” and this Bed Frame 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 Bed Frame 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 Bed Frame 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 Bed Frame 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.

ARBITRATION

If a dispute arises between you and Avocado Mattress arising out of or relating to this Bed Frame Warranty, that dispute will be resolved in accordance with the general dispute resolution provisions of the Avocado 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 Bed Frame 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 Avocado Mattress terms of service, an arbitration concerning a dispute arising out of or relating to the Bed Frame 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 Bed Frame Warranty will be governed by the laws of the State of New Jersey.

WARRANTOR

Avocado Mattress, LLC
12 Hudson Place, Suite 100, Hoboken, NJ 07030
support@avocadomattress.com

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AVOCADO DRESSERS

TEN-YEAR LIMITED ECO WOOD AND NATURAL WOOD DRESSER WARRANTY

Beginning on the date of purchase, your new Avocado Eco Wood Dresser and/or Natural Wood Dresser (the “Dresser”) is covered by a 10-year limited warranty (the “Dresser Warranty”). This Wood Dresser Warranty extends to the original purchaser of the Avocado Eco and Natural Wood Dressers (“Dressers”), and extends to all Dressers purchased directly from Avocado Mattress, LLC (“Avocado Mattress”). The “original purchaser” for the purposes of this Wood Dresser Warranty is the first purchaser of the Dresser from Avocado Mattress. This Wood Dresser Warranty is not transferable and applies only to a Dresser purchased from Avocado Mattress by the original purchaser.

Avocado Mattress warrants the Dresser against the defects in material and workmanship for a period of 10 years from the time your Dresser is purchased by you, when the Dresser is used normally for its intended purposes.

YOUR RESPONSIBILITIES

In the event of a defect, Avocado Mattress’ sole and exclusive liability and your sole remedy under this Dresser Warranty will be, at Avocado Mattress’ option, to provide a replacement, subject to your fulfillment of the requirements set forth below. To receive the benefit of this Dresser Warranty, you must supply Avocado Mattress with proof of the original date of purchase.
Replaced Bed Frames are subject to the same Bed Frame Warranty as the original. For example, if you obtain a replacement that is the same style and price as the original, then the Bed Frame Warranty term of the replaced Bed Frame begins from the date of purchase of the original.

THE DRESSER WARRANTY DOES NOT COVER

  • Normal wear and tear as a result of intended use.
  • Physical abuse or damage to the Dresser, including but not limited to: burns, nicks, cuts, tears, liquid damage, or stains; provided, that the defect is caused by such abuse or damage.
  • Smoothed nail holes, natural patina, fine cracks and other weathering which could be reasonably consider to be associated with the natural character of vintage wood.

MAKING A CLAIM

To file a claim under this warranty, please submit a request to support@avocadomattress.com. Evidence of a defect and proof of purchase must be included. The address for returns will vary depending on the Dresser and will be provided to you once Avocado Mattress has reviewed your submission and determines that there is in fact a defect covered by this Dresser Warranty. In the event of a defect, Avocado Mattress will ship a replacement to you upon proof that the product is defective.

Replaced Dressers are subject to the same Dresser Warranty as the original. For example, if you obtain a replacement that is the same style and price as the original, then the Dresser Warranty term of the replaced Dresser begins from the date of purchase of the original.

The serviceable area for all Avocado Mattress, LLC products is addresses within the 50 states of the United States only, including Alaska and Hawaii. If your Avocado 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 extent permissible by applicable law, the Dresser is provided “as is” and this Dresser 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 Dresser 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 Dresser 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 Dresser 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.

ARBITRATION

If a dispute arises between you and Avocado Mattress arising out of or relating to this Dresser Warranty, that dispute will be resolved in accordance with the general dispute resolution provisions of the Avocado 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 Dresser 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 Avocado Mattress terms of service, an arbitration concerning a dispute arising out of or relating to the Dresser 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 Dresser Warranty will be governed by the laws of the State of New Jersey.

WARRANTOR

Avocado Mattress, LLC
12 Hudson Place, Suite 100, Hoboken, NJ 07030
support@avocadomattress.com

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AVOCADO END TABLES

TEN-YEAR LIMITED ECO WOOD AND NATURAL WOOD END TABLE WARRANTY

Beginning on the date of purchase, your new Avocado Eco Wood End Table and/or Natural Wood End Table (the “End Table”) is covered by a 10-year limited warranty (the “End Table Warranty”). This Wood End Table Warranty extends to the original purchaser of the Avocado Eco and Natural Wood End Tables (“End Tables”), and extends to all End Tables purchased directly from Avocado Mattress, LLC (“Avocado Mattress”). The “original purchaser” for the purposes of this End Table Warranty is the first purchaser of the End Table from Avocado Mattress. This End Table Warranty is not transferable and applies only to an End Table purchased from Avocado Mattress by the original purchaser.

Avocado Mattress warrants the End Table against the defects in material and workmanship for a period of 10 years from the time your End Table is purchased by you, when the End Table is used normally for its intended purposes.

YOUR RESPONSIBILITIES

In the event of a defect, Avocado Mattress’ sole and exclusive liability and your sole remedy under this End Table Warranty will be, at Avocado Mattress’ option, to provide a replacement, subject to your fulfillment of the requirements set forth below. To receive the benefit of this End Table Warranty, you must supply Avocado Mattress with proof of the original date of purchase.

THE END TABLE WARRANTY DOES NOT COVER

  • Normal wear and tear as a result of intended use.
  • Physical abuse or damage to the End Table, including but not limited to: burns, nicks, cuts, tears, liquid damage, or stains; provided, that the defect is caused by such abuse or damage.
  • Smoothed nail holes, natural patina, fine cracks and other weathering which could be reasonably consider to be associated with the natural character of vintage wood.

MAKING A CLAIM

To file a claim under this warranty, please submit a request to support@avocadomattress.com. Evidence of a defect and proof of purchase must be included. The address for returns will vary depending on the End Table and will be provided to you once Avocado Mattress has reviewed your submission and determines that there is in fact a defect covered by this End Table Warranty. In the event of a defect, Avocado Mattress will ship a replacement to you upon proof that the product is defective.

Replaced End Tables are subject to the same End Table Warranty as the original. For example, if you obtain a replacement that is the same style and price as the original, then the End Table Warranty term of the replaced End Table begins from the date of purchase of the original.

The serviceable area for all Avocado Mattress, LLC products is addresses within the 50 states of the United States only, including Alaska and Hawaii. If your Avocado 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 extent permissible by applicable law, the End Table is provided “as is” and this End Table 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 End Table 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 End Table 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 End Table 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.

ARBITRATION

If a dispute arises between you and Avocado Mattress arising out of or relating to this End Table Warranty, that dispute will be resolved in accordance with the general dispute resolution provisions of the Avocado 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 End Table 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 Avocado Mattress terms of service, an arbitration concerning a dispute arising out of or relating to the End Table 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 End Table Warranty will be governed by the laws of the State of New Jersey.

WARRANTOR

Avocado Mattress, LLC
12 Hudson Place, Suite 100, Hoboken, NJ 07030
support@avocadomattress.com

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AVOCADO FOUNDATIONS

TEN-YEAR LIMITED FOUNDATION WARRANTY

Beginning on the date of purchase, your new Avocado Foundation (the “Foundation”) is covered by a 10-year limited warranty (the “Foundation Warranty”). This Foundation Warranty extends to the original purchaser of the Avocado Foundation (“Foundation”), and extends to all Foundations purchased directly from Avocado Mattress, LLC (“Avocado Mattress”). The “original purchaser” for the purposes of this Foundation Warranty is the first purchaser of the Foundation from Avocado Mattress. This Foundation Warranty is not transferable and applies only to a Foundation purchased from Avocado Mattress by the original purchaser.

Avocado Mattress warrants the Foundation against the defects in material and workmanship for a period of 10 years from the time your Foundation is purchased by you, when the Foundation is used normally for its intended purposes.

YOUR RESPONSIBILITIES

In the event of a defect, Avocado Mattress’ sole and exclusive liability and your sole remedy under this Foundation Warranty will be, at Avocado Mattress’ option, to provide a replacement, subject to your fulfillment of the requirements set forth below.

To receive the benefit of this Foundation Warranty, you must supply Avocado Mattress with proof of the original date of purchase.

FOUNDATION WARRANTY DOES NOT COVER

  • Normal wear and tear as a result of intended use.
  • Comfort preference.
  • The natural character of vintage wood, to include smoothed nail holes, natural patina, fine cracks, and other weathering.
  • Physical abuse or damage to the Foundation, including but not limited to: burns, nicks, cuts, tears, liquid damage, or stains; provided, that the defect is caused by such abuse or damage.

MAKING A CLAIM

To file a claim under this warranty, please submit a request to support@avocadomattress.com. Evidence of a defect and proof of purchase must be included. The address for returns will vary depending on the Foundation and will be provided to you once Avocado Mattress has reviewed your submission and determines that there is in fact a defect covered by this Foundation Warranty. In the event of a defect, Avocado Mattress will ship a replacement to you upon proof that the product is defective.

Replaced Foundations are subject to the same Foundation Warranty as the original. For example, if you obtain a replacement that is the same style and price as the original, then the Foundation Warranty term of the replaced Foundation begins from the date of purchase of the original.

The serviceable area for all Avocado Mattress, LLC products is addresses within the 50 states of the United States only, including Alaska and Hawaii. If your Avocado 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 extent permissible by applicable law, the Foundation is provided “as is” and this Foundation 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 Foundation 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 Foundation 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 Foundation 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.

ARBITRATION

If a dispute arises between you and Avocado Mattress arising out of or relating to this Foundation Warranty, that dispute will be resolved in accordance with the general dispute resolution provisions of the Avocado 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 Foundation 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 Avocado Mattress terms of service, an arbitration concerning a dispute arising out of or relating to the Foundation 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 Foundation Warranty will be governed by the laws of the State of New Jersey.

WARRANTOR

Avocado Mattress, LLC
12 Hudson Place, Suite 100, Hoboken, NJ 07030
support@avocadomattress.com

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AVOCADO METAL BED FRAME

TEN-YEAR LIMITED METAL BED FRAME WARRANTY

Beginning on the date of purchase, your new Avocado Metal Bed Frame (the “Metal Frame”) is covered by a 10-year limited warranty (the “Metal Frame Warranty”). This Metal Frame Warranty extends to the original purchaser of the Avocado Metal Bed Frame (“Metal Frame”), and extends to all Metal Bed Frames purchased directly from Avocado Mattress, LLC (“Avocado Mattress”). The “original purchaser” for the purposes of this Metal Frame Warranty is the first purchaser of the Metal Frame from Avocado Mattress. This Metal Frame Warranty is not transferable and applies only to a Metal Frame purchased from Avocado Mattress by the original purchaser.

Avocado Mattress warrants the Metal Frame against the defects in material and workmanship for a period of 10 years from the time your Metal Frame is purchased by you, when the Metal Frame is used normally for its intended purposes.

YOUR RESPONSIBILITIES

In the event of a defect, Avocado Mattress’ sole and exclusive liability and your sole remedy under this Metal Frame Warranty will be, at Avocado Mattress’ option, to provide a replacement, subject to your fulfillment of the requirements set forth below.

To receive the benefit of this Metal Frame Warranty, you must supply Avocado Mattress with proof of the original date of purchase.

METAL FRAME WARRANTY DOES NOT COVER

  • Normal wear and tear as a result of intended use.
  • Comfort preference.
  • The natural character of the frame, to include any weathering.
  • Physical abuse or damage to the Metal Frame, including but not limited to: burns, nicks, scratches, tears, liquid damage, or stains; provided, that the defect is caused by such abuse or damage.

MAKING A CLAIM

To file a claim under this warranty, please submit a request to support@avocadomattress.com. Evidence of a defect and proof of purchase must be included. The address for returns will vary depending on the Metal Frame and will be provided to you once Avocado Mattress has reviewed your submission and determines that there is in fact a defect covered by this Metal Frame Warranty. In the event of a defect, Avocado Mattress will ship a replacement to you upon proof that the product is defective.

Replaced Metal Frames are subject to the same Metal Frame Warranty as the original. For example, if you obtain a replacement that is the same style and price as the original, then the Metal Frame Warranty term of the replaced Metal Frame begins from the date of purchase of the original.

The serviceable area for all Avocado Mattress, LLC products is addresses within the 50 states of the United States only, including Alaska and Hawaii. If your Avocado 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 extent permissible by applicable law, the Metal Frame is provided “as is” and this Metal Frame 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 Foundation 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 Metal Frame 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 Metal Frame 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.

ARBITRATION

If a dispute arises between you and Avocado Mattress arising out of or relating to this Metal Frame Warranty, that dispute will be resolved in accordance with the general dispute resolution provisions of the Avocado 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 Metal Frame 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 Avocado Mattress terms of service, an arbitration concerning a dispute arising out of or relating to the Metal Frame 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 Foundation Warranty will be governed by the laws of the State of New Jersey.

WARRANTOR

Avocado Mattress, LLC
12 Hudson Place, Suite 100, Hoboken, NJ 07030
support@avocadomattress.com

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AVOCADO ADJUSTABLE BED FRAME

TWENTY-YEAR LIMITED ADJUSTABLE BED FRAME MANUFACTURER’S WARRANTY

Our Avocado Adjustable Bed Frame is warrantied by the manufacturer, Customatic®. Below are the terms of their warranty, included in the User Manual.

LIMITED WARRANTY:

Subject to the terms and conditions set forth herein, the manufacturer of this product, PPJ, LLC (“Customatic®”) warrants to the original retail purchaser for the time periods stated herein that the adjustable bed system purchased from an authorized reseller of genuine Customatic products is merchantable and free of defects and materials and is fit for the purpose of residential, non-hospital bedding. Floor samples are not warranted and are purchased AS IS. This warranty applies only to genuine Customatic products, and without limiting the foregoing, does not apply to power cords or other accessories supplied by the seller or other parties.

1-Year Period for All Labor: The above warranty will apply for 1 year for labor on the bed frame, all components, parts, including, without limitation, electronics, electrical components, drive motors, WiFi module, power supply and power cords, and massage motors.

2-Year Period for All Components: The above warranty will apply for 2 years for the bed frame, all components and parts, including, without limitation, electronics, electrical components, drive motors, WiFi module, power supply and power cords, and massage motors.

20-Year Period for Bed Frame: The above warranty will apply for 25 years prorated to the bed frame, defined as follows: the metal structure of the adjustable bed system only, and specifically does not include its cover, side rails, decking or legs, or other attachments thereto, such as actuator lift motors, control box, WiFi modules, power supply, power cords, control box or other electrical or mechanical components. For years 6 to 20, the warranty will be reduced by one-fifteenth (1/15) for each years beyond the fifth year.

START OF THE WARRANTY PERIOD:

The warranty periods stated above will commence on the date of the first retail purchase of the adjustable bed system from an authorized Customatic reseller, provided that proof of purchase and warranty registration occur within the time and in the manner set forth below. In the case of replacement parts provided by Customatic, the warranty will apply to the original warranty period and will not extend beyond such period.

NO OTHER WARRANTY EXPRESS OR IMPLIED:

The foregoing express warranty is the only warranty by Customatic and all other express warranties or warranties implied by law or otherwise (including without limitation, any implied warranty of fitness for a particular purpose) are hereby denied and disclaimed to the full extent permitted by applicable law.

EXCLUSIONS FROM WARRANTY:

Loss, damage, malfunctions or other defects caused in whole or in part by any one or more of the following are not covered by any warranty and neither Customatic nor the seller shall be responsible for them: ordinary wear and tear; damage not directly caused by a defect covered by this express warranty; failure to comply with this User Manual and/or any other user instructions issued by Customatic for use and maintenance, including without limitation, weight limits and operation; modifications not performed by Customatic; use of any parts, components, or accessories that are not supplied by Customatic for the specific product and installed by an authorized Customatic service provider; use of the product for purposes or in a manner not expressly intended by Customatic as described in this Manual or any other misuse or abuse; storage or use outside of home or other exposure to the elements; dampness; or transportation or other handling by anyone other than Customatic.

EXCLUSIVE LIMITED REMEDY:

The sole and exclusive remedy for any item which fails to meet the express written warranty set forth above shall be, at Customatic’s option, either repair or replacement of the defective item. Customatic may require reasonable evidence of the existence of a defect, and Customatic customer service staff will discuss specific requirements with the purchaser based on the defects identified by the purchaser. Replacement parts will be provided at no cost to the purchaser, provided that the defective parts are delivered to Customatic, unless Customatic instructs otherwise in the claims process (see below). Subject to advance approval by Customatic, it will also pay reasonable shipping costs for returns requested by Customatic and replacement parts or bedding systems.

CLAIMS PROCESS:

Prior to contacting Customatic, please refer to the TROUBLESHOOTING section of this Manual and also ensure that use and maintenance instructions in this Manual have been followed. The following process must be followed to initiate a warranty claim: (1) during the applicable warranty period stated above, contact Customatic customer service to initiate the claim and provide proof of status as the original retail purchaser from an authorized Customatic® products reseller and prior timely registration of the product (see PRODUCT REGISTRATION below); (2) identification of suspected defect and compliance with Customatic requests for documentation or other evidence of the defect, such as return of parts to Customatic, the cost of which will be paid by Customatic if the defect is confirmed by it or inspection by an authorized Customatic service technician or other person approved in writing for that purpose by Customatic; and (3) remedy by Customatic as stated herein.

LIMITATION OF LIABILITY:

In no event shall Customatic be liable for incidental or consequential damages of any kind or nature whatsoever caused by or arising out of any product defects, and the sole and exclusive remedy shall be repair or replacement of defective items within warranty to the extend and in the manner provided herein.

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