HIPERLUX Mattress 10 year Limited WARRANTY
All HiPerLUX mattresses and all HiPerLUX flat, non-adjustable foundations are covered by the terms of this Limited Warranty. For purposes of this Limited Warranty, the term “product” means any HiPerLUX mattress.
HiPerLUX, LLC (“HiPerLUX”) warrants that it will, at HiPerLUX’s option, replace or repair Purchaser’s HiPerLUX product sold in the U.S. by an authorized retailer if that product is defective due to faulty workmanship or materials, subject to the limitations described in this Limited Warranty. HiPerLUX undertakes no responsibility for the quality of the goods except as otherwise provided in this contract. There are no warranties that extend beyond the description on the face hereof.
This Limited Warranty is valid only in connection with the original purchase of new products from authorized retailers and extends from the original purchase date of the original product purchased. An “original purchaser,” for the purposes of this Limited Warranty, is an individual or entity who purchases the product directly from HiPerLUX or an authorized retailer of HiPerLUX with the intent to use the product for personal consumer use and not for commercial or industrial use and not with the intent to resell the product. An “authorized retailer,” for purposes of this Limited Warranty, is an individual or entity authorized by HiPerLUX to sell product directly to original purchasers. An individual or entity that purchases the product from whatever source with the intent to resell the product is an unauthorized reseller (“unauthorized reseller”).
This Limited Warranty does not apply to floor models or “demos” (except as specifically provided herein) or to products sold by unauthorized resellers, including without limitation, unauthorized resellers on third party websites, including, without limitation, Craigslist, eBay, Amazon, etc. Unauthorized resellers are not “original purchasers” for the purpose of this Limited Warranty. If purchaser is not the original purchaser of this product, purchaser takes the product “AS IS,” “with all faults” and without warranty. IF THE PURCHASE OF THIS PRODUCT WAS NOT DIRECTLY FROM HiPerLUX, PROOF OF PURCHASE WILL BE REQUIRED TO DEMONSTRATE THAT PURCHASER IS THE ORIGINAL PURCHASER AND THE PRODUCT WAS PURCHASED FROM AN AUTHORIZED RETAILER, AND ELIGIBLE TO MAKE A VALID CLAIM UNDER THIS LIMITED WARRANTY.
HiPerLUX mattresses are designed to work on a firm, solid-surface, non-spring foundation or adjustable bed base that is structurally capable of supporting the weight of purchaser’s HiPerLUX mattress and user(s). This Limited Warranty and other performance warranties are based on tests conducted on “sets” that consist of our mattresses and our foundations/adjustable bed bases. THEREFORE, IF PURCHASER USES INAPPROPRIATE FOUNDATIONS, BOX SPRINGS, ADJUSTABLE BED BASES, OR BED FRAMES WITH THE MATTRESS, SUCH USE WILL VOID THIS LIMITED WARRANTY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
HiPerLUX may require purchaser to provide proof of the quality of the foundation, adjustable bed base, or bed frame used in conjunction with the mattress if purchaser makes a claim under this Limited Warranty. HiPerLUX makes no representations whatsoever as to the structural integrity or rated load for any frame, foundation, or adjustable base not manufactured by or for HiPerLUX. HiPerLUX reserves the right to invalidate this Limited Warranty if the foundation is determined, in HiPerLUX’s reasonable discretion, to be inadequate or if the mattress is found to be in an unsanitary condition.
This Limited Warranty covers the following items during normal wear:
- Deterioration causing the mattress to have a visible indentation greater than three-fourths (0.75) of an inch that is not associated with an indentation or sag which results from use of an improper or unsupportive foundation or adjustable bed base. Normal wear requires that a purchaser’s mattress be continuously supported by a matching foundation or adjustable bed base with a proper bed frame sufficient to support the collective weight of the mattress and foundation.
A proper bed frame must provide sturdy support for both the mattress and foundation; including a center support and having at least 5-6 legs for queen, king and cal king and 4 leg support for twin and full mattresses. For queen, king, and cal king slatted style bed frames, it is incumbent upon purchaser to ensure that the frame utilized offers ample structural support for the mattress and foundation in view of that particular slatted style frame. Failure to have a proper bed frame may invalidate the limited warranty. The use of a bed frame is important for the life and protection of your sleep system.
Please Note: HiPerLUX highly recommends a 3-bed beam support system or a support system of similar quality that is designed specifically to give slatted style bed frames for queen, king and cal king mattresses additional structural support.
- Any physical flaw in the mattress that causes the HiPerLUX cushioning materials to split or crack, despite normal usage and proper handling (as outlined in the Mattress Use & Care Instructions).
- Any manufacturing defect in the zipper assembly of the mattress cover. HiPerLUX may, at its own option, repair or replace the cover provided on the mattress. In the event that HiPerLUX replaces the mattress cover, HiPerLUX will replace it with the current style of cover available for the mattress, which may be of a different color or material than the original cover provided.
This Limited Warranty does not cover:
- A normal increase in softness of the HiPerLUX pressure-relieving materials which does not affect the pressure-relieving qualities of the mattress.
- Comfort preference.
- Physical abuse or damage to the structure and/or cover material, including but not limited to, burns, cuts, tears, liquid damage, or stains. However, if there is a warranty defect not caused by the abuse or damage then the mattress would be covered under the standard warranty.
- Damage associated with an improper bed frame, foundation, or adjustable base. See above description and illustrations for a proper bed frame.
- Replacement of the accompanying piece in the HiPerLUX sleep system where only one piece is defective, unless that accompanying piece is also defective.
- Floor models or demonstration samples (“demos”) sold at a discount (See separate warranty for demos and floor models).
- Product sold by resellers who are not authorized retailers.
- Product sold “as-is”, “preconditioned”, “reconditioned”, “used”, “comfort return”, “returned”, “previously owned”, or any other similar wording indicating that the product is not “new” or of “first quality”, or has previously been purchased or used by another consumer.
PRODUCT REPLACEMENT TERMS
Except as otherwise provided herein, HiPerLUX will not charge purchaser to repair or replace purchaser’s mattress if it is deemed defective during the length of this 10 year Limited Warranty, but any transportation costs associated with repairs or replacements are purchaser’s responsibility. In no event, however, will the transportation costs exceed HiPerLUX’s then-standard freight charges. No new warranty is provided with a replacement product. The warranty for the replacement product runs from the date of original purchase of the replaced product. In connection with the replacement of a product in compliance with the terms of this Limited Warranty, if a purchaser elects to upgrade to a more expensive product, it may do so by paying the difference between the cost of the original product being replaced and the cost of the upgraded product plus the cost of any related additional sleep system pieces not being replaced as part of the warranty exchange. In the event of an upgrade as described in this paragraph, a new warranty will be provided for the upgraded pieces only.
DEMONSTRATION SAMPLES AND FLOOR MODELS
During this Limited Warranty, demo or floor model products purchased at a discount will be repaired by HiPerLUX at no charge to the purchaser or will be replaced for a charge equal to the cost of the replacement product less the amount paid by the original purchase for the demo or floor model. If the demo or floor model product has been discontinued then the charge will be the cost of the reasonable equivalent of the discontinued item [or any upgraded item] less the amount paid by the original purchaser for the demo or floor model product.
If the demo or floor model product has been discontinued, then the replacement charge will be the cost of the reasonable equivalent of the discontinued item [or any upgraded item] less the appropriate percentage of the amount paid by the original purchaser for the demo or floor model product.
If removable, the cover (except for demo or floor model covers) initially provided for the HiPerLUX product is warranted for ten (10) years from the date of purchase against faults in material or workmanship. HiPerLUX reserves the right to repair said cover. In the event that HiPerLUX replaces the cover for the mattress, HiPerLUX will replace it with the current style of cover available for the mattress, which may be a different color or material than the original cover.
This Limited Warranty covers the following items during normal wear:
Structural damage or broken components.
Squeaks or rattles.
Sagging that is not associated with use of an improper bed frame.
This limited warranty does not cover:
Structural damage from using an improper bed frame.
Physical abuse or damage to the structure and/or cover material of the foundation, including but not limited to, burns, cuts, tears, or liquid damage.
Replacement of another piece in the HiPerLUX sleep system (e.g., mattress, adjustable base, pillows, etc.) unless other piece is also defective. Product sold “as-is”, “preconditioned”, “reconditioned”, “used”, “comfort return”, “returned”, “previously owned”, or any other similar wording indicating that the product is not “new” or of “first quality”, or has previously been purchased or used by another consumer.
ADDITIONAL LIMITATIONS ON WARRANTY COVERAGE
In the event a warranty claim is filed and a warranty replacement is deemed necessary, purchaser will be required to surrender the original product to HiPerLUX at the time of replacement. HiPerLUX SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT OR ARISING OUT OF ANY BREACH OF THIS WARRANTY; THE EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY SHALL BE REPLACEMENT OR CREDIT TOWARDS REPLACEMENT AS SET FORTH HEREIN. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THE WARRANTY DESCRIBED ON THE FACE OF THIS LIMITED WARRANTY.