Kiwi Sleep Adult Mattress 15-Year Limited Warranty
This Warranty gives you specific legal rights that may vary from state to state.
Warranty Coverage:
-
First Year (100% Coverage):
For the first year 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 removal and/or return shipping of the defective mattress when required. -
Years 2-15 (Prorated Coverage):
After the first year of warranty coverage and continuing until the tenth 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 |
|---|---|
| 2 | 35% |
| 3 | 40% |
| 4 | 45% |
| 5 | 50% |
| 6 | 55% |
| 7 | 60% |
| 8 | 65% |
| 9 | 70% |
| 10 | 75% |
| 11 to 15 | 80% |
After the first warranty year, the following conditions apply:
- You are responsible for all installation costs of any repaired or replaced product or part, regardless of the prorated cost.
- 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 15 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 user(s).
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:
- Visible indentation greater than 1.5 inch (3.8 cm), not associated with improper foundation or Normal Body impressions.
- Physical flaws in craftsmanship causing permanent damage to foam and springs, despite proper setup and normal handling.
- Physical flaws in cover craftsmanship, including seams and zipper assembly.
Not Covered:
- Normal increase in softness or wear and tear. Natural softening and compression of mattress materials occur over time. These gradual changes in comfort and surface texture are considered expected and do not constitute a manufacturing defect, meaning the warranty will not cover increases in mattress softness that develop through regular use.
- High-quality mattresses naturally develop subtle contours or impressions up to 3.8 cm (1.5 inches) deep, which reflect the comfort layers adapting to your body's unique shape. These mild depressions across sleep areas are typically considered normal and are not a manufacturing defect, but rather an indication that the mattress is providing personalized support and comfort as designed.
- Physical abuse or damage (cuts, tears, burns, liquid damage, stains, soiling).
- Damage from improper bed frame, foundation, platform bed, or adjustable base.
- Components not deemed defective.
- Mattresses sold by unauthorized retailers.
Kiwi Sleep reserves the right to replace the mattress cover with the current style available, which may differ from the original. 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 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