Kiwi Sleep Crib Mattress 5-Year Limited Warranty
This Warranty gives you specific legal rights that may vary from state to state.
Warranty Coverage:
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Years 1-2 (100% Coverage):
For the first two years from the original date of purchase, Kiwi Sleep, at our sole discretion, will repair or replace your mattress at no cost to you if it is deemed defective due to faulty workmanship or materials. Kiwi Sleep will repair or replace your Mattress (as applicable) and ship your replacement Mattress back to you. Kiwi Sleep will arrange for return shipping of the defective mattress when required.
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Years 3-5 (Prorated Coverage):
After the first two years of warranty coverage and continuing until the fifth anniversary of the original purchase date, Kiwi Sleep will, at our sole discretion, either repair or replace your mattress, with any associated costs being prorated. The cost will be calculated by multiplying our then-current prices for the product or part (or a comparable product or part if the original is no longer in production) by the percentage of such cost that you are responsible for paying, as follows:
| Year of Ownership | % of cost you pay |
|---|---|
| 3 | 40% |
| 4 | 45% |
| 5 | 50% |
After the first two warranty years, the following conditions apply:
- Shipping expenses for products or parts related to your covered warranty claim are your responsibility in both directions.
- The warranty does not cover costs associated with transportation, inspection, removal, or installation of any product or parts.
- The warranty does not provide reimbursement for inconvenience, removal, setup time, or loss of use
These conditions apply regardless of whether Kiwi Sleep chooses to repair or replace your mattress under the remaining limited warranty.
Warranty Responsibilities:
Kiwi Sleep warrants the Mattress to be free from defects in material and workmanship for a period of 5 years. The Mattress must be used normally, for its intended purposes, in a crib.
Eligibility:
The warranty for Kiwi Sleep mattresses is valid exclusively for the original purchaser and his/her delivery address, limited to the original delivery address, the original purchase date, and mattresses purchased directly from Kiwi Sleep or authorized resellers. This warranty is non-transferable, meaning that if the original purchaser sells or transfers ownership of the mattress, the warranty becomes void. Customers must retain their original receipt as proof of purchase, ensuring that warranty protection remains specific to the initial buyer and cannot be passed on to subsequent owners.
Covered Defects:
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- Any physical flaw in the craftsmanship of the mattress that causes permanent damage to the foam and springs despite proper set-up and normal handling.
- Any physical flaw in the craftsmanship of the cover, including seams and zipper assembly. Kiwi Sleep may opt to repair or replace the cover provided with the mattress upon purchase.
- Any material defects and craftsmanship issues deemed credible by in person or remote inspection. Inspection might include you sending detailed photos of the defect to Kiwi Sleep. Since every mattress is individually manufactured, slight deviations in appearance from one individual mattress to another will not be deemed a warranty defect.
Not Covered:
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- Physical abuse or damage to mattress, including but not limited to, cuts, tears, burns, liquid damage & stains, or soiling.
- Normal wear and tear, soiling or staining of the mattress.
- Improper cleaning and care. The care instructions, attached to the outer zipper cover, must be followed. Non-approved cleaning methods that result in cover damage will not be covered.
- Damage resulting from the mattress being used or stored in an unsanitary or unsafe manner.
- Damage to the mattress resulting from the mattress being used for purposes other than intended for infants and toddlers.
- Other components on the warranted mattress that are not defective.
- Mattress sold by non-authorized retailers.
In the event that Kiwi Sleep replaces the mattress cover, Kiwi Sleep will replace it with the current style of cover available for the mattress, which may be of a different color, design, or material than the original cover provided upon initial purchase.
Replaced or repaired Mattresses are subject to the same limited Mattress Warranty as the original Mattress beginning from the date of purchase of the original Mattress.
Purchaser Responsibilities
In the event of a Defect, to receive the benefits of this limited Mattress Warranty, you must first contact Kiwi Sleep via email (info@kiwisleep.com) to get further evaluation/replacement/return instructions. You will be asked to provide proof of the original date of purchase. Evidence of a Defect and any claims must be sent to the address listed at the end of this limited Mattress Warranty.
Limitation On Liability Disclaimer
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MATTRESS IS PROVIDED “AS IS” AND THIS WARRANTY AND ANY IMPLIED WARRANTIES ARE PURCHASER EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS DETAILED IN THIS LIMITED MATTRESS WARRANTY, IN NO EVENT WILL KIWI SLEEP OR ITS SUPPLIERS BE LIABLE FOR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE MATTRESS OR ITS USE BY PURCHASER OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF KIWI SLEEP HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. KIWI SLEEP’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE MATTRESS.
Arbitration
- If a dispute arises between you and Kiwi Sleep as a consequence of this Mattress Warranty, aforesaid dispute will be determined and settled by binding arbitration between the parties, in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
- The arbitration will not be combined with any other proceeding or arbitration against one of the parties (the "Party", or "Parties").
- There shall be three arbitrators (the “Arbitrators”), appointed as follows:
- Each Party shall appoint an Arbitrator, and the two Arbitrators so appointed shall appoint a third Arbitrator who shall act as chairman of the tribunal;
- If either Party fails to appoint an Arbitrator within thirty (30) days of receipt of notice of the appointment of an Arbitrator by the other Party, such Arbitrator shall at the written request of either Party be appointed by [the appointing authority];
- If the two Arbitrators to be appointed by the Parties fail to agree on a third Arbitrator within thirty (30) days of the appointment of the second Arbitrator, the third Arbitrator shall be appointed at the written request of either Party by [the appointing authority];
- If a vacancy arises because any Arbitrator dies, resigns, refuses to act, or becomes incapable of performing his or her duties, the vacancy shall be filled by the method by which that Arbitrator was originally appointed.
- The place of Arbitration shall be East Hanover, New Jersey, USA. The Arbitrator(s) shall set the specific location, date, and time for the hearing in this case (the “Hearing”) after consulting with the Parties, and shall provide not less than twenty (20) days notice to each Party when it/they has/have determined such specific location, date, and time.
- The Agreement shall be governed by and interpreted in accordance with the laws of the state of New Jersey.
- This Agreement constitutes the entire understanding between the Parties concerning its subject matter and supersedes all prior discussions, agreements, and representations, whether oral or written and whether or not executed by any Party.
- Except as may be required by law, neither a Party nor its representatives nor a witness nor the/an Arbitrator(s) may disclose the existence, content, or results of any Arbitration hereunder without the prior written consent of both Parties.
- The award will be a reasoned award, and will be issued in writing and signed by the Arbitrator(s) [within thirty (30) days of the conclusion of the Hearing]. The Arbitrator(s) may, but is/are not required to, make specific findings of fact or law. The award will be based upon the evidence presented and the law argued by the Parties.
- The Arbitrator(s) is/are not empowered to award punitive or other damages not measured by the prevailing Party’s actual damages, except as may be required by statute. Each Party hereby irrevocably waives any right to recover such damages with respect to the Dispute.
- In addition to any other consideration, each Party’s promise to resolve the Dispute by Arbitration in accordance with the provisions of this Agreement, rather than through the courts or other bodies, is consideration for the other Party’s like promise.
- It is the intent of the Parties that, barring extraordinary circumstances, Arbitration proceedings will be concluded within one hundred twenty (120) days from the date the Arbitrator(s) are appointed. The arbitral tribunal may extend this time limit in the interests of justice. Failure to adhere to this time limit shall not constitute a basis for challenging the award.
Governing Law
This limited Mattress Warranty will be governed by the laws of the State of New Jersey.
Warrantor
Kiwi Sleep
105 West Dewey Ave, Bldg C, Unit 9
Wharton, NJ 07885
info@kiwisleep.com