Beddio's 1 Year Limited Warranty
Beddio Pillows, Encasements & Toppers Warranty
Your brand new Beddio products, including Beddio Pillows, Beddio Encasements and Beddio toppers, are covered under a 1 Year limited warranty (the “Beddio Product Warranty”) for a period of 1 Year during the original owner’s ownership and use.
Products covered by this limited Beddio Product Warranty
This limited Product Warranty extends to all Original, ICE, and Cooling Pillows and Cooling Encasements manufactured by Beddio LLC (“Beddio”) as well as Beddio Toppers, purchased directly from Beddio website, Beddio store, or any of Beddio’s authorized retailers, and located in the United States (the “Pillows and Encasements”). This limited Product Warranty does not extend to Sales, Clearance, or Final Sale products.
Who is covered under this warranty
This limited Beddio Product Warranty extends to the original purchaser of any Beddio products in the United States (exclusive of U.S. territories). The warranty is valid only for the period of time the Beddio product is owned by the original purchaser of the Beddio product. The “original purchaser,” for the purposes of this Beddio Product Warranty, is the first purchaser of the Beddio product from Beddio or a Beddio authorized retailer. Please retain a copy of your receipt as proof of purchase. All Beddio limited warranties are non-transferable.
Beddio’s responsibilities under the warranty
Beddio warrants the products in its original packaging sold to you against the defects in material and workmanship set forth below (“Defects”) for a period of 1 Year from the time your Beddio product is purchased by you, if the product is used normally for its intended purposes in the home.
What this limited Beddio Product Warranty covers
The following defects are covered under this limited Beddio Product Warranty:
1) Any physical flaw in the product that causes the foam material to evidence degradation, split or crack, despite normal usage and proper handling;
3) Any manufacturing defect in the assembly of the Beddio product.
The following defects are NOT covered under this limited Beddio Product Warranty:
1) Any Beddio product which has been subject to abuse, misuse, neglect, accident or has been used in violation of instructions, and thus has led to a faulty Beddio product;
2) Comfort preference. While everyone is different, comfort preference alone is not a viable reason for replacement;
3) Any defect caused by physical abuse or damage to the structure and/or cover material, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the defect is caused by such abuse or damage;
4) Products sold “as-is”, “preconditioned”, “reconditioned”, “used”, “comfort return”, “returned”, “previously owned”, or any other similar wording indicating that the Pillow is not “new” or of “first quality”, or has previously been purchased or used by another consumer;
5) Any product (whether manufactured by Beddio or not) sold by resellers who are not authorized retailers.
In the event of a Defect, Beddio’s sole and exclusive liability and your sole remedy under this limited Beddio Product Warranty will be, at Beddio’s option, to provide a repaired or replacement product, subject to your fulfillment of “Your Responsibilities” below. Replacement products may be provided in a color different from the Pillow or Encasement you originally purchased.
Your responsibilities
In the event of a Defect and in order to get the benefit of this limited Warranty, you must return your Pillows or Encasements to Beddio and provide Beddio with proof of the original date of purchase.
Evidence of a Defect and any claims must be sent to support@beddio.com.
Replaced or repaired Pillows, Encasements or Toppers are subject to the same limited Beddio Product Warranty as the original Pillow, Encasement & Topper. If you obtain a replaced or repaired Pillow, Encasement or Topper, the warranty term of the replaced or repaired Pillow, Encasement or Topper begins from the date of purchase of the original Pillow or Encasement.
Disclaimer, limitation on liability
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PRODUCT IS PROVIDED “AS IS” AND THIS 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 BEDDIO PRODUCT WARRANTY, IN NO EVENT WILL BEDDIO 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 Pillow 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 BEDDIO HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BEDDIO’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCTS 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
In the event a dispute arises between you and Beddio arising out of this Limited Beddio Product 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 Beddio Product 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 New York, New York.
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 just. 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.
Governing law
This limited Beddio Product Warranty will be governed by the laws of the State of New Jersey.
Warrantor
Beddio LLC
300 West 4th Street
Plainfield, NJ 07060
1-855-571-8500
support@beddio.com