Unprecedented Twenty-six (26) Year Smart Bamboo Limited Adjustable Bed Warranty
Every Smart Bamboo Adjustable Bed comes with a 26-year limited warranty. This is because our products are built to last and we’re that confident about the quality of the products. However, we’re not ignorant of the fact that things sometimes go wrong. With this limited Adjustable Bed warranty, you get to enjoy some specific legal rights.
Our limited Adjustable Bed warranty covers every Smart Bamboo Adjustable Bed purchased through our authorized dealers or directly from us, and must be located in the US (Minus US territories) or Canada.
This warranty is non-transferable and applies to only the original purchaser and is limited to what is herein described. It also extends from the original date of purchase of the original product.
No warranty will extend beyond what is described hereof. This warranty is only applicable to Adjustable Beds that are in normal in-home consumer status, while Adjustable Beds used for commercial or medical use are specifically excluded.
The Limited Warranty in no way applies to “demos” or floor models (except those specified herein) or to any product retailed by an unauthorized retailer, including without limitation, any unauthorized retailer on any third part website, including eBay, Amazon, Craigslist, and so on.
THEREFORE, THIS LIMITED WARRANTY OR ANY OTHER WARRANTY WHETHER IMPLIED OR EXPRESSED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY AS TO FITNESS FOR A PURPOSE AND MERCHANTABILITY, WILL BE VOID IF A PURCHASER USES AN INAPPROPRIATE FOUNDATION, BED FRAME, BOX SPRING OR ADJUSTABLE BED BASE WITH THIS MATTRESS.
YEARS 1 THROUGH 3: FULL COVERAGE OF PARTS AND LABOR
Smart Bamboo Adjustable Beds is warranted against defects in the workmanship or materials for a period of three (3) years from the warranty commencement date. During these first three years of the warranty, the entire product is so covered, including factory supplied electronics, electrical components, drive motors and power supply components. Upon notice during the first through third year from the warranty commencement date, Smart Bamboo will send replacement parts to the purchaser, at no cost, in order to replace any such defective part. In addition, Smart Bamboo will pay all authorized labor and transportation costs associated with the repair or replacement of any parts which Smart Bamboo determines to be defective. This three (3) year warranty shall not apply if the purchaser does not return any and all defective parts to Smart Bamboo within 15 days of purchaser’s receipt of such replacement parts furnished. Return of the frame, however, should it need to be replaced, is not required.
In no instance will this warranty cover any damage attributable to misuse or to normal wear and tear or to excessive weight placed upon the product. Nor will this warranty cover any purchaser other than the original purchaser nor will it cover product purchased from an unauthorized third party. If you are not the original purchaser of this product, you take “as is” and “with all faults.” If you did not purchase this Smart Bamboo Adjustable Bed we will require proof of purchase from you demonstrating that you are the original purchaser and are eligible to make a valid claim under this Warranty.
YEARS 4 THOUGH 5: FULL COVERAGE OF PARTS ONLY
Upon notice during the years four (4) and five (5) from the warranty commencement date, Smart Bamboo will offer replacement parts for any defective parts to the purchaser. Factory supplied electronics, electrical components, drive motors and power supply components are included. This two (2) year Warranty shall not apply if purchaser does not return any and all defective parts to Smart Bamboo within 15 days of purchaser’s receipt of replacement part. Purchaser shall bear all service, transportation, labor and shipping costs related to the delivery and/or replacement of the defective part.
FRAME ONLY - YEARS 1 THROUGH 26 WARRANTY
Notwithstanding the above, Smart Bamboo extends a 26 Year Warranty on the frame itself used in this product. Smart Bamboo warrants that for a full 26 years, any defect in the workmanship or the materials used in the frame itself shall be covered. In the event of a frame defect, full product replacement will be offered. For purposes of this 26 Year Warranty, the frame consists of the metal structure of the base and specifically excludes its cover, its side rails, decking and legs, actuator lift motors, control box, remote controls, power supply, and any power supply cords.
ADDITIONAL TERMS AND CONDITIONS
In no instance will this warranty cover any damage attributable to misuse or to normal wear and tear or to excessive weight placed upon the product. Nor will this warranty cover any purchaser other than the original purchaser nor will it cover product purchased from an unauthorized third party. If you are not the original purchaser of this product, you take “as is” and “with all faults.” If you did not purchase this Smart Bamboo Adjustable Bed directly from Smart Bamboo we will require proof of purchase from you demonstrating that you are the original purchaser and eligible to make a valid claim under this Warranty.
This Warranty does not include coverage for damage caused by the purchasers or by other users if the product has been used in a manner inconsistent with the operation and maintenance procedures outlined in the Complete Reference Guide, this Warranty, or any other applicable document published or approved by Smart Bamboo. Nor does it include coverage if the product has been repaired or modified by the purchaser or by an unauthorized third party or if the product has been damaged in transit. This Warranty does not apply to damage to mattresses, fabric, cables, electrical cords or items supplied by Resellers, as defined below. Contact the Reseller or other appropriate party for warranty information on these items. Nor does this Warranty apply to any unnecessary service calls, including costs for in home service calls solely for the purpose of educating the consumer about the unit or finding an unsatisfactory power connection.
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, including any components, to Smart Bamboo at the time of the replacement. Return of the frame, however, should it need to be replaced, is not required.
Repairs to or replacement of the Smart Bamboo Adjustable Bed model or its components under the terms of this Limited Warranty will apply to the original warranty period and will not serve to extend such period. This Warranty begins on the “warranty commencement date” which is the date of purchase for new unused products.
If you did not purchase this Smart Bamboo Adjustable Bed model directly from Smart Bamboo, proof of purchase will be required to demonstrate that you are the original purchaser and eligible to make a valid claim under this Warranty.
If original proof of purchase is not provided by the purchaser, Smart Bamboo reserves the right to determine if the unit is covered, or is not covered, by this Warranty and may use the manufacturing date as the warranty commencement date.
The decision to repair or to replace defective parts under this Limited Warranty shall be made by Smart Bamboo at its option and at its sole discretion. Except for the Warranty provided for the frame of this product, there is no warranty at all after five years, dating from the commencement of this Limited Warranty.
Smart Bamboo® 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.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to every purchaser. This Warranty gives the purchaser specific legal rights, and the purchaser may also have other legal rights, which may vary from state to state.
Binding Arbitration and Class Action Waiver for U.S. Residents
(a) This section applies to any dispute except it does not include a Dispute relating to the enforcement or validity of your, Smart Bamboo’s, or any of our licensors’ intellectual property rights. “Dispute” means any dispute, action, or other controversy between you and Smart Bamboo concerning your Smart Bamboo mattress or this warranty, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
(b) In the event of a dispute, you or Smart Bamboo must give the other a Notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to Smart Bamboo Florida LLC, 1360 NW 65th Ave. , Unit A Plantation Florida 33313 United States. Smart Bamboo will send any Notice of Dispute to You by U.S. Mail to Your address if we have it or to your e-mail address if we have it. You and Smart Bamboo will attempt to resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or Smart Bamboo may commence arbitration.
(c) You may also litigate any dispute in small claims court in your county of residence or Broward County, Florida if the dispute meets all requirements to be heard in the small claims court. You may litigate in small claims court whether or not you negotiated informally first.
(d) If you and Smart Bamboo do not resolve any dispute by informal negotiation or in small claims court, any other effort to resolve the dispute will be conducted exclusively by binding arbitration. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
(e) Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither You nor Smart Bamboo will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
(f) Any arbitration will be conducted by the American Arbitration Association (the“AAA”) under its Commercial Arbitration Rules applying U.S. Federal Rules of Procedure and U.S. Federal Rules of Evidence. The AAA Supplementary Procedures for Consumer-Related Disputes will also apply. For more information, see www.adr.org or call 1-800-778-7879. You agree to commence arbitration only in your county of residence or in Broward County, Florida. Smart Bamboo agrees to commence arbitration only in your county of residence. You may request a telephonic or in-person hearing by following the AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim.
(g) Smart Bamboo will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses as provided below. If you reject Smart Bamboo’s last written settlement offer made before the arbitrator was appointed (“Smart Bamboo’s last written offer”), your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than Smart Bamboos last written offer, Smart Bamboo will give you three incentives: (i) pay the greater of the award or $5,000; (ii) pay twice your reasonable attorney’s fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration. The arbitrator will determine the amount of fees, costs, and expenses unless you and Smart Bamboo agree on them. For purposes of this limited warranty, an email shall be considered a written communication.
(h) In any arbitration you commence, Smart Bamboo will seek its AAA or arbitrator’s fees and expenses, or your filing fees it reimbursed, only if the arbitrator finds the arbitration frivolous or brought for an improper purpose. In any arbitration Smart Bamboo commences, Smart Bamboo will pay all filing, AAA, and arbitrator’s fees and expenses. Smart Bamboo may also seek its attorney’s fees or expenses from you in any arbitration. Fees and expenses are not counted in determining how much a dispute involves.
(i) This warranty governs to the extent it conflicts with AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes.
(j) To the extent permitted by law, any claim or dispute under this Limited Warranty must be filed within one year in small claims court, an arbitration proceeding, or in court, if so permitted herein. The one-year period begins when the claim or Notice of Dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.
(k) If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then it will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
All parts of this Limited Warranty apply to the maximum extent permitted by law or unless prohibited by law. This Limited Warranty gives the purchaser specific legal rights, and the purchaser may also have other rights, which may vary from state to state.
You may contact Smart Bamboo’s Customer Service Department by calling toll-free (866) 591-9194 or by sending an email to info@mySmart Bamboo.com
PLEASE RETAIN THIS LIMITED WARRANTY AND ORIGINAL PROOF OF PURCHASE FOR AT LEAST 26 YEARS FROM YOUR DATE OF PURCHASE.