10-YEAR LIMITED MATTRESS TOPPER WARRANTY
Beginning on the date of purchase, your new Brentwood Home 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 Brentwood Home or a qualified retailer of Brentwood Home products. The “original purchaser” for the purposes of this Mattress Topper Warranty is the first purchaser of the Mattress Topper from Brentwood Home or a qualified retailer of Brentwood Home products. This Mattress Topper Warranty is not transferable and applies only to a Mattress Topper purchased from Brentwood Home or a qualified retailer of Brentwood Home products by the original purchaser.
Brentwood Home warrants the Mattress Topper against the defects in material and workmanship set forth below (“Defects”) for a period of 5 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, Brentwood Home’s sole and exclusive liability (and your sole remedy under this Mattress Topper Warranty) will be, at Brentwood Home’s option, to provide a replacement Mattress Topper, subject to your fulfillment of your obligations as set forth herein.
In the event Brentwood Home 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 Brentwood Home’s discretion will be used as a replacement for the defective Mattress Topper.
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.
Brentwood Home 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, Brentwood Home 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. This Mattress Topper Warranty is not transferable and applies only to a Mattress Topper purchased from Brentwood Home 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 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 and/or Mattress Topper is solely provided as a guideline and Brentwood Home 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.
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) purchases from authorized retailers.
YEARS 1-5: FULL COVERAGE — NON-PRORATED
During the first five (5) years of the Mattress Topper Warranty, Brentwood Home 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 Brentwood Home 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.
MAKING A CLAIM
To make a valid claim under this Mattress Topper Warranty, you must: Fill out a warranty ticket supplied when you contact [email protected] 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,
The Topper was sold by Brentwood Home or an authorized retailer,
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 Brentwood Home understand the nature of the defect, or if Brentwood Home requests them.
Please send all requested documentation to [email protected] You are responsible for submitting your claim with sufficient supporting documentation for Brentwood Home to provide a remedy if necessary. Brentwood Home reserves the right, in Brentwood Home’ 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 Brentwood Home products is addresses within the 48 states of the continental United States only. If your Brentwood Home product is located outside the continental 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, Brentwood Home 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 Brentwood Home 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 Brentwood Home 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 Brentwood Home 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 Brentwood Home’s liability exceed the purchase price paid for the Mattress Topper giving rise to any such liability.
If a dispute arises between you and Brentwood Home 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 Brentwood Home 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 Brentwood Home 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.
This limited Mattress Topper Warranty will be governed by the laws of the State of California.
Brentwood Home, 2301 E. 7th St. A-450 Los Angeles, California US 90023