Mattress: 25 Year Limited Warranty

Tempur Production USA, LLC (“Tempur-Pedic”)

This 25 year limited warranty is valid only for mattresses purchased prior to March 1, 2014.

MATTRESS

Tempur-Pedic warrants that it will, at Tempur-Pedic’s option, replace or repair purchaser’s Tempur-Pedic® mattress sold in the U.S. if it is defective due to faulty workmanship or materials, subject to the limitations described in this limited warranty. Tempur-Pedic 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 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 Tempur-Pedic or an authorized retailer of Tempur-Pedic with the intent to use the product for personal consumer use and not with the intent to resell the product. 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” and “with all faults.” IF THE PURCHASE OF THIS MATTRESS WAS NOT DIRECTLY FROM TEMPUR-PEDIC, PROOF OF PURCHASE WILL BE REQUIRED TO DEMONSTRATE THAT PURCHASER IS THE ORIGINAL PURCHASER AND ELIGIBLE TO MAKE A VALID CLAIM UNDER THIS LIMITED WARRANTY.

Tempur-Pedic 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 Tempur-Pedic 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 THIS 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. Tempur-Pedic 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. Tempur-Pedic reserves the right to invalidate this limited warranty if the foundation is determined, in Tempur-Pedic’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:

1. 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 required that 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. Neither mattresses, individually, nor sleep systems (mattress and foundation combination) are intended to sit/lay flat on the floor or on a waterbed frame or platform of untreated wood or untreated wood covered with fabric.
   • Please Note: Tempur-Pedic highly recommends a 3-bed beam support system (available from Tempur-Pedic or Retailer at an additional cost) 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.
2. Any physical flaw in the mattress that causes the TEMPUR® material to split or crack, despite normal usage and proper handling (as outlined in the Mattress Use & Care Instructions).

This limited warranty does not cover:

1. A normal increase in softness of the TEMPUR® pressure-relieving material which does not affect the pressure-relieving qualities of the mattress
2. Comfort preference
3. Physical abuse or damage to the structure and/or cover material, including but not limited to, burns, cuts, tears, or liquid damage. However if there is a warranty defect not caused by the abuse or damage then the mattress would be covered under the standard warranty.
4. Damage associated with an improper bed frame, foundation, or adjustable base. See above description and illustrations for a proper bed frame.
5. Replacement of the accompanying piece in the Tempur-Pedic sleep system where only one piece is defective, unless that accompanying piece is also defective.
6. Floor models or “demos” sold at a discount (See separate warranty for demos and floor models.)
7. Product sold by unauthorized resellers who are not authorized retailers.

Year 1 through 10 – Full Coverage

During the first ten (10) years of this limited warranty, Tempur-Pedic will not charge purchaser to repair or replace purchaser’s mattress if it is deemed defective, but any transportation costs associated with repairs or replacements are purchaser’s responsibility. In no event, however, will the transportation costs exceed Tempur-Pedic’s then-standard freight charges. No new warranty is provided with a replacement mattress. The warranty for the replacement mattress runs from the date of original purchase of the replaced mattress.

In connection with the replacement of a product in compliance with the terms of this limited warranty during years 1-10, 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.

Year 11 through 25 – Prorated Coverage

During years 11 through 25 of this limited warranty Tempur-Pedic will, at its option, repair the mattress at a handling cost to purchaser, or replace the mattress at a prorated charge to purchaser plus transportation costs. If Tempur-Pedic replaces the mattress, the prorated replacement charge purchaser pays will depend on when the mattress is replaced.

If the mattress is replaced during the eleventh year of this limited warranty, the prorated replacement charge purchaser pays will be fifty (50) percent of the original purchase price.

If the mattress is replaced after the eleventh year but before the twenty-first year, the prorated replacement charge 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; 60% of the original purchase price if replaced during year thirteen, etc.) If the mattress is replaced in year 21 or any point thereafter prior to expiration of the limited warranty, the prorated replacement charge purchaser pays will the same as if the mattress was replaced in year 20. If you pay the replacement charge required in connection with a claim made during the prorated coverage period, the existing warranty will continue to cover the replacement mattress for the balance of the 25 year limited warranty period and no further prorated costs for any additional approved warranty claims made against the replacement mattress will be required.

Demonstration Samples and Floor Models

Demonstration samples (“demo(s)”) and floor model(s) will enjoy a 25 year limited warranty determined not by the original purchase receipt date but by the “date of manufacture” on the law tag. However, except for verifiable warranty defects, demos and floor models are sold “as is” and “with all faults” and covers on demos and floor models (whether removable or not) are not warranted or guaranteed.

During the first ten (10) years of this limited warranty, demo or floor model products purchased at a discount will be repaired by Tempur-Pedic at no charge to the purchaser or will be replaced for a charge equal to the cost of the replacement mattress 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. During years eleven (11) through twenty-five (25) of this limited warranty, demo or floor model products purchased at a discount will be repaired by Tempur-Pedic at no charge to the purchaser or replaced at a prorated charge to purchaser based on the replacement cost less a percentage of the discounted amount the original purchaser paid for the products plus transportation costs. If Tempur-Pedic replaces the mattress, the prorated replacement charge purchaser pays will depend on when the demo or floor model product is replaced and the amount the original purchaser paid for the product.

If the demo or floor model product is replaced during the eleventh year of this limited warranty, the prorated replacement charge purchaser pays will be the difference between full replacement value less fifty (50) percent of the actual discounted price paid by the original purchaser. Example: If the demo or floor model product’s replacement cost is $2000 and the original purchase price paid by the original purchaser was $600, then the replacement charge for the product in year 11 would be $2000 – ($600 x 50%) = $1700.

If the demo or floor model product is replaced after the eleventh year but before this limited warranty expires, the prorated percentage of the original purchase price subtracted from the replacement cost would decrease by five (5) percent for each subsequent year of the prorated period (i.e., 45% of the original purchase price if replaced during year twelve; 40% of the original purchase price if replaced during year thirteen, etc.) to a minimum of 5% of the original price being subtracted from the replacement cost. Example: If the demo or floor model product’s replacement cost is $2000 and the original purchase price paid by the original purchaser was $600, then the replacement charge for the product in year 12 would be $2000 – ($600 x 45%) = $1730. If the demo or floor model product’s replacement cost is $2000 and the original purchase price paid by the original purchaser was $600, then the replacement charge for the product in year 21 through year 25 would be $2000 - ($600 x 5%) = $1970. If you pay the replacement charge required in connection with a claim made during the prorated coverage period, the existing warranty will continue to cover the replacement mattress for the balance of the 25 year limited warranty period and no further prorated costs for any additional approved warranty claims made against the replacement mattress will be required.

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) for the mattress is warranted for two (2) years from the date of purchase against faults in material or workmanship. If Tempur-Pedic replaces the cover for the mattress, Tempur-Pedic 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.

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 Tempur-Pedic at the time of replacement.

TEMPUR-PEDIC 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, INC LUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THE WARRANTY DESCRIBED ON THE FACE OF THIS LIMITED WARRANTY.

You may contact Tempur-Pedic’s Customer Service Department by calling toll-free 1-800-821-6621 or by sending an email to customer.service@tempurpedic.com.

This limited warranty gives the purchaser specific legal rights, and the purchaser may also have other rights, which may vary from state to state.

PLEASE RETAIN THIS LIMITED WARRANTY AND ORIGINAL PROOF OF PURCHASE FOR AT LEAST 25 YEARS FROM YOUR DATE OF PURCHASE.