Effective Date of Current Policy: October 5, 2017.

Your new Kiwi Sleep (Previously Known as SleepOvation) Mattress (the “Mattress”) is covered by a 10-year limited warranty (the “Warranty”). This Warranty gives you specific legal rights that may vary from state to state.

Kiwi Sleep Mattress Warranty Responsibilities

Kiwi Sleep warrants the Mattress sold to you to be free from defects in material and workmanship set forth below (“Defects”) for a period of 10 years.  The Mattress must be used normally, for its intended purposes, on a bed base that is structurally capable of supporting the weight of the Mattress and its individual user(s).

Who This Mattress Warranty Extends To

This warranty is valid only for the original purchaser, from the original purchase date, of the original mattress purchased from Kiwi Sleep or our authorized reseller. If the original purchaser sells or relinquishes ownership of the mattress, the 10-year limited Warranty is voided. Please retain a copy of your receipt as proof of purchase. All limited warranties are not transferable.

The Limited Mattress Warranty Covers The Following Defects:

• Deterioration of the mattress resulting in a visible indentation greater than one (1) inch. Normal wear requires that a mattress be continuously supported by a matching, solid foundation, base, or frame substantial enough to support the mattress and its user(s).
• 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.

The Limited Mattress Warranty Does Not Cover The Following:

• A normal increase in softness, resulting from normal wear and tear, of the foam and springs that does not affect the pressure-relieving quality of the mattress.
• Physical abuse or damage to mattress, including but not limited to, cuts, tears, burns, liquid damage & stains, or soiling.
• Damage resulting from the mattress placed on improper bed frame, foundation, platform bed, or adjustable base. 
• 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.

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. You will not be responsible for shipping costs of returning the mattress. Evidence of a Defect and any claims must be sent to the address listed at the end of this limited Mattress Warranty.

Kiwi Sleep will repair or replace your Mattress (as applicable) and ship your replacement Mattress back to you. Kiwi Sleep will arrange for removal and/or return shipping of the defective mattress when required.

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.

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

Effective Date of Current Policy: November 5, 2019.

Your new Kiwi Sleep (Previously Known as SleepOvation) Pillow (the “Pillow”) is covered by a 1-year limited warranty (the “Warranty”). This Warranty gives you specific legal rights that may vary from state to state.

Kiwi Sleep Limited Pillow Warranty Responsibilities

Kiwi Sleep warrants the Pillow sold to you to be free from defects in material and workmanship (“Defects”) for a period of 1 year.

Who This Pillow Warranty Extends To

This warranty is valid only for the original purchaser, from the original purchase date, of the original pillow purchased from Kiwi Sleep or our authorized reseller. If the original purchaser sells or relinquishes ownership of the pillow, the 1-year limited Warranty is voided. Please retain a copy of your receipt as proof of purchase. All limited warranties are not transferable.

The Limited Pillow Warranty Covers The Following Defects:

• Any physical flaw in the craftsmanship of the pillow that causes permanent damage to the foam and springs despite normal handling.
• Any physical flaw in the craftsmanship of the pillow cover, including seams and zipper assembly. Kiwi Sleep may opt to replace the pillow cover provided with the original pillow upon purchase.

The Limited Pillow Warranty Does Not Cover The Following:

• Physical abuse or damage to Pillow, including but not limited to, cuts, tears, burns, liquid damage & stains, or soiling.
• Pillow sold by non-authorized retailers.

In the event that Kiwi Sleep replaces the Pillow cover, Kiwi Sleep will replace it with the current style of cover available for the Pillow, which may be of a different color, design, or material than the original cover provided upon initial purchase.

Purchaser Responsibilities

In the event of a Defect, to receive the benefits of this limited Pillow Warranty, you must first contact Kiwi Sleep via email (info@kiwisleep.com) to get further evaluation/replacement/return instructions/ and an RMA (return merchandise authorization) number. You will be asked to provide proof of the original date of purchase. You will be responsible for shipping costs of returning the Pillow. The returned pillow must be sent to the address listed at the end of this limited Pillow Warranty, and must clearly show the authorized RMA number on the return label.

Kiwi Sleep will repair or replace your Pillow (as applicable) and ship your replacement Pillow back to you. Replaced or repaired Pillows are subject to the same limited Pillow Warranty as the original Pillow beginning from the date of purchase of the original Pillow.

Limitation On Liability Disclaimer

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PILLOW 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 PILLOW 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 PILLOW 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 PILLOW.

Arbitration

If a dispute arises between you and Kiwi Sleep as a consequence of this Pillow 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 Pillow 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

Effective Date of Current Policy: May1, 2021.

Your new Kiwi Sleep (Previously Known as SleepOvation Baby) Mattress (the “Mattress”) is covered by a 5-year limited warranty (the “Warranty”). This Warranty gives you specific legal rights that may vary from state to state.

KIWI SLEEP MATTRESS WARRANTY RESPONSIBILITIES

Kiwi Sleep warrants the Mattress sold to you to be free from defects in material and workmanship set forth below (“Defects”) for a period of 5 years.  The Mattress must be used normally, for its intended purposes, in a crib that is structurally capable of supporting the weight of the Mattress and its individual user.

WHO THIS MATTRESS WARRANTY EXTENDS TO

This warranty is valid only for the original purchaser, from the original purchase date, of the original mattress purchased from Kiwi Sleep or our authorized reseller. If the original purchaser sells or relinquishes ownership of the mattress, the 5-year limited Warranty is voided. Please retain a copy of your receipt as proof of purchase. All limited warranties are not transferable.

THE LIMITED MATTRESS WARRANTY COVERS THE FOLLOWING DEFECTS:

• 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.

THE LIMITED MATTRESS WARRANTY DOES NOT COVER THE FOLLOWING:

• Physical abuse or damage to mattress, including but not limited to, cuts, tears, burns, liquid damage & stains, or soiling.
• Normal wear and tear.
• 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.

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. You will not be responsible for shipping costs of returning the mattress. Evidence of a Defect and any claims must be sent to the address listed at the end of this limited Mattress Warranty.

Kiwi Sleep will repair or replace your Mattress (as applicable) and ship your replacement Mattress back to you. Kiwi Sleep will provide you with a pre-paid return label and arrange for pickup of the defective mattress when required.

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.

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 Wharton, 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