MATTRESS PROTECTOR TEN (10) YEAR LIMITED WARRANTY

Thank you for joining the bedgear™ team! Our bedding essentials are designed to provide you with the most advanced fabric technology to improve your rest and recovery, as well as protect your mattress from stains resulting from accidental spills.

For residential use only, your bedgear™ Mattress Protector is supported by this warranty, which offers full replacement for both the mattress protector and new mattress, when purchased together on the same invoice, in the event of a qualified claim. This warranty will be applied to the original owner if the mattress protector, when properly applied and cared for, within ten (10) years from the date of purchase, becomes accidentally and permanently stained or damaged from:

• FOOD OR BEVERAGE NORMALLY CONSUMED BY HUMANS
• HUMAN OR PET BODILY FLUIDS

IMPORTANT NOTES:

• Kids require special care! Children in diapers, potty-training and those with bed-wetting tendencies require extra protective support. Repeated and multiple stains will void this warranty.
• Medical issues, including Incontinence, are considered chronic and not accidental! Repeated and multiple stains will void this warranty.

Our bedgear™ Mattress Protectors are designed for better sleep and protection from one-time accidents. If you have an extenuating issue, we recommend using an additional Vinyl or PVC-based chuck or saddle wrap style for your protection needs.

TO QUALIFY FOR THIS LIMITED WARRANTY, THE CUSTOMER MUST:

1) Have their newly purchased mattress delivered stain, damage, and soil-free from the authorized dealer. The customer should then cover the mattress with the new mattress protector correctly and completely.

2) If an accidental spill occurs, immediately blot up excess liquid, then wash and dry the Mattress Protector according to the care label instructions provided.

As a result of their functional fabrics, most bedgear™ Mattress Protectors can be cleaned in Cold Water and dried on Low Heat, or Air-dried for the ultimate energy efficiency! Please ensure the Mattress Protector is completely dry before replacing it on your mattress.

Always allow free movement in both the washer and dryer. Dry with other bed linens or towels, not alone, to prevent the barrier back from sticking or scorching. Do not iron or use high heat to dry your protector; do not dry clean or use cleaners containing solvents or bleach. Do not use strong detergents or fabric softeners as all of these can damage the waterproof barrier of this mattress protector and will void this warranty. Do not use an obviously damaged protector on your mattress as that will void this warranty.

3) Should a stain persist after laundering, you must register the stain with our Customer Service department within five (5) days of the incident, by calling # 800-545-7125, or online at: www.gmwarrantyservices.com

To qualify for a covered claim, the customer must provide the original sales receipt or other proof of purchase acceptable to GM Customer Service, along with this warranty certificate, within five (5) days of the incident.

4) Subsequent to submitting your qualified claim, our GM Customer Service representative will issue to you a return authorization number and instructions to return your laundered, stained mattress protector. A replacement mattress protector will be shipped to you at GM Customer Service’s expense. Until GM Customer Service receives your returned mattress protector via a package carrier at customer expense, this warranty will be void. DO NOT RETURN THE DAMAGED PRODUCT TO THE RETAILER FROM WHOM YOU PURCHASED IT.

5) Should your new Mattress, purchased at the same time as the Mattress Protector and with the Mattress Protector properly in use and cared for, become accidentally stained during the warranty period, GM Customer Service will have the stained area cleaned and sanitized by a GM authorized technician at no charge to the customer.

6) If the technician is unable to remove the stain, GM Customer Service may replace the mattress. If the mattress is not available, the original owner may select a new replacement mattress equal in value to the original purchase price from the original retailer from whom this warranty was purchased. Delivery, any tax or set-up arrangements, as well as transportation and disposal charges are the responsibility of the customer and/or the selling retailer. GM Customer Service cannot guarantee ticking or dye lot match for replacements.

The Customer shall reasonably cooperate with GM Customer Service in its efforts to perform its obligations under this warranty, including providing access to the mattress within ten (10) days for cleaning. Failure to comply with these requirements will void this warranty.

Replacement of the mattress is limited to one (1) mattress during the life of the warranty. Replacement of the mattress fulfills all terms and conditions of this warranty. In the event that the mattress cannot be cleaned due to the mattress manufacturer’s conditions, the customer may be given the option of a full refund of the retail purchase of this mattress protector, in lieu of replacement, should the owner decide to keep the original mattress in its present condition. NOTE: If you submit a covered claim for a stain or damage that GM Warranty Services is unable to repair and the original retail establishment where you purchased your mattress and this warranty has closed, changed ownership, stopped selling mattresses since your purchase, or no longer carries Guard Master as a supplier, GM Warranty Service’s liability will be limited to a refund of the purchase of this warranty per the stated cost on the original retail invoice.

OUR PERFORMANCE WARRANTY

Should your Mattress Protector be defective due to manufacturing / construction failure during the warranty period, GM Customer Service will replace the mattress protector. Replacement of the Mattress Protector is limited to two (2) mattress protectors during the life of the warranty.

THIS WARRANTY DOES NOT COVER OR APPLY TO:

• Medical issues, incontinence and repeated or multiple stains or multiple locations of stains from humans and/or pets.
• Substances such as dyes, inks, paints, dirt or other soil, gum, acids, corrosives, bleaches, nail polish, nail polish remover, medication including vitamins, cosmetics, and chemical hair treatments such as hair gel, hair spray, mousse and similar.
• Odors, accumulated and / or long-term multiple unknown stains, any unknown stains, non-colorfast material, pet damage, stains caused by the build-up of perspiration, hair or body oil, and normal soiling from everyday use.
• Mattresses in transit or storage; mattresses located outdoors or on patios or screened rooms where it may be directly or indirectly exposed to the elements; and items that have been purposely torn, vandalized or neglected. This warranty also does not cover stains caused during, or as a result of, delivery, handling, set up or assembly.
• This warranty does not apply to box springs, carpet or flooring due to any substance that may run off of the mattress; mattresses used in settings other than household / residential; defective manufacturing of mattress, floor sample or “as is” or pre-owned mattresses; pre-existing conditions, improper installation; damage caused by acts of God (including flood and fire damage); property, structural or casualty damage of any kind, mattress protectors and mattresses that have been mishandled or abused, or items damaged as a result of illegal activity.
• Damage caused by improper cleaning methods or improper cleaning materials are also excluded.

ALL FABRICS ARE SUBJECT TO GENERAL SOILING and this warranty does not eliminate the need for routine care and washing of the mattress protector. This warranty covers isolated stain removal only and not general soiling. General soiling is defined as gradual buildup of dirt, dust, body oils, and perspiration, which cannot be attributed to a single occurrence.

THIS WARRANTY IS NON-TRANSFERABLE. GM Warranty Services reserves the right to revise the warranty it offers from time to time. For the latest warranty information, for any products offered or sold in the future, please refer to the GM Warranty Services website: www.gmwarrantyservices.com"

PLEASE REGISTER YOUR WARRANTY ONLINE AT:
WWW.GMWARRANTYSERVICES.COM

YOU DO NOT NEED TO PRE-REGISTER YOUR WARRANTY BEFORE YOU HAVE A CLAIM.

GM WARRANTY SERVICES
110 Bi-County Blvd. Suite 101, Farmingdale, NY 11735
Toll-Free Customer Service # 800-545-7125
www.gmwarrantyservices.com

MATTRESS PROTECTOR FIVE (5) YEAR LIMITED WARRANTY

For residential use only, your bedgear™ Mattress Protector is supported by this warranty, which offers full replacement for both the mattress protector and new mattress, when purchased together on the same invoice, in the event of a qualified claim. This warranty will be applied to the original owner if the mattress protector, when properly applied and cared for, within five (5) years from the date of purchase, becomes accidentally and permanently stained or damaged from:

• FOOD OR BEVERAGE NORMALLY CONSUMED BY HUMANS
• HUMAN OR PET BODILY FLUIDS

IMPORTANT NOTES:

• Kids require special care! Children in diapers, potty-training and those with bed-wetting tendencies require extra protective support. Repeated and multiple stains will void this warranty.
• Medical issues, including Incontinence, are considered chronic and not accidental! Repeated and multiple stains will void this warranty.

TO QUALIFY FOR THIS LIMITED WARRANTY, THE CUSTOMER MUST:

2) If an accidental spill occurs, immediately blot up excess liquid, then wash and dry the Mattress Protector according to the care label instructions provided.

OUR PERFORMANCE WARRANTY

THIS WARRANTY DOES NOT COVER OR APPLY TO:

• Medical issues, incontinence and repeated or multiple stains or multiple locations of stains from humans and/or pets.
• Substances such as dyes, inks, paints, dirt or other soil, gum, acids, corrosives, bleaches, nail polish, nail polish remover, medication including vitamins, cosmetics, and chemical hair treatments such as hair gel, hair spray, mousse and similar.
• Odors, accumulated and / or long-term multiple unknown stains, any unknown stains, non-colorfast material, pet damage, stains caused by the build-up of perspiration, hair or body oil, and normal soiling from everyday use.
• Mattresses in transit or storage; mattresses located outdoors or on patios or screened rooms where it may be directly or indirectly exposed to the elements; and items that have been purposely torn, vandalized or neglected. This warranty also does not cover stains caused during, or as a result of, delivery, handling, set up or assembly.
• This warranty does not apply to box springs, carpet or flooring due to any substance that may run off of the mattress; mattresses used in settings other than household / residential; defective manufacturing of mattress, floor sample or “as is” or pre-owned mattresses; pre-existing conditions, improper installation; damage caused by acts of God (including flood and fire damage); property, structural or casualty damage of any kind, mattress protectors and mattresses that have been mishandled or abused, or items damaged as a result of illegal activity.
• Damage caused by improper cleaning methods or improper cleaning materials are also excluded.

PLEASE REGISTER YOUR WARRANTY ONLINE AT:
WWW.GMWARRANTYSERVICES.COM

YOU DO NOT NEED TO PRE-REGISTER YOUR WARRANTY BEFORE YOU HAVE A CLAIM.

GM WARRANTY SERVICES
110 Bi-County Blvd. Suite 101, Farmingdale, NY 11735
Toll-Free Customer Service # 800-545-7125
www.gmwarrantyservices.com

PERFORMANCE® MATTRESS PROECTORS, SHEETS AND BLANKETS BEDGEAR® LIMITED WARRANTY & 365 NIGHT GUARANTEE

BEDGEAR wants you to have 100% of the comfort and support you need to get a great night’s sleep so you can Wake Ready each day with our Performance® bedding products. We want to make sure our bedding products live up to their intent. That’s why we have created a 365 Night Guaranty that covers “wear and tear” and goes well beyond any traditional bedding manufacturer’s warranty. And Our 365 Night Guaranty begins from your date of delivery; all warranty restrictions apply.

Your new BEDGEAR Performance Mattress Protector, Sheet and/or Blanket are covered by this limited warranty, giving you specific legal rights and you may also have other rights which vary from state to state. If you purchased a BEDGEAR Performance Mattress Protector, Sheet and/or Blanket with one of our authorized retail partners, please contact the retailer directly with any questions about your warranty claim. If you purchased a BEDGEAR Performance Mattress Protector, Sheet and/or Blanket on BEDGEAR.com, please contact us at the email address or phone number at the bottom of this warranty.

A. Products Covered By This Limited Warranty

This limited warranty extends to Performance Mattress Protector, Sheet and/or Blanket manufactured by BEDGEAR LLC (“BEDGEAR”) and purchased directly from BEDGEAR or BEDGEAR’s authorized retailers (the “Performance Mattress Protector, Sheet and/or Blanket”).

B. Who This Warranty Extends To

This limited warranty extends to the original purchaser of any Performance Mattress Protector, Sheet and/or Blanket. All BEDGEAR warranties, including any implied warranties, are valid only for the period of time the Performance Mattress Protector, Sheet and/or Blanket is owned by the original purchaser of the Performance Mattress Protector, Sheet and/or Blanket. The “original purchaser,” for the purposes of this warranty, is the first purchaser of the Performance Mattress Protector, Sheet and/or Blanket from BEDGEAR or a BEDGEAR authorized retailer. PLEASE RETAIN A COPY OF YOUR RECEIPT AS PROOF OF PURCHASE. All BEDGEAR limited warranties are non-transferable.

C. BEDGEAR's Limited Warranty Description

BEDGEAR warrants the BEDGEAR Performance Mattress Protector, Sheet and/or Blanket, sold to you in its original packaging, against the defects in material and workmanship set forth below (“Defects”) for a period of 365 days from the time your Performance Mattress Protector, Sheet and/or Blanket is delivered to you, when the BEDGEAR Performance Mattress Protector, Sheet and/or Blanket is used normally for its intended purposes.

D. What This Limited Warranty Covers

This limited warranty applies to the following Defects:

• Any physical flaw in the Performance Mattress Protector, Sheet and/or Blanket that causes the material to split or crack, despite normal usage and proper handling.
• Any manufacturing defect in the assembly of the Performance Mattress Protector, Sheet and/or Blanket.
• Zippered Performance Mattress Protector, Sheet and/or Blanket covers are warrantied for manufacturing defects and workmanship, flaws of the zipper or seams, and tearing of the fabric under normal use. Performance Mattress Protector, Sheet and/or Blanket with a zipper can be removed for cleaning, see label for cleaning suggestions.

E. What This Limited Warranty Does Not Cover

This limited warranty does not cover the following:

• Any deterioration of the cell structure of the material that causes the Performance Mattress Protector, Sheet and/or Blanket to not return to its original shape.
• Normal increases in softening and settling of materials, or any other normal wear and tear.
• Physical abuse or damage to the structure and/or cover material, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the defect is caused by such abuse or damage.
• Stains caused by non-food related grease, inks, cosmetics, bleach, alcohol, dyes, solvents, corrosives.
• Damage caused by commercial use, such as in a hotel or store.
• Any Performance Mattress Protector, Sheet and/or Blanket (whether manufactured by BEDGEAR or not) sold by resellers who are not authorized retailers of BEDGEAR.
• Any Performance Mattress Protector, Sheet and/or Blanket that is not laundered in accordance with the laundering instructions and any other laundering instructions included in the documentation accompanying the Performance Mattress Protector, Sheet and/or Blanket.
• The sides of your mattress; your linens, foundation or box spring; or mattresses not using a mattress protector.
• Performance Mattress Protector, Sheet and/or Blanket sold “as-is”, “preconditioned”, “reconditioned”, “used”, “comfort return”, “returned”, “previously owned”, or any other similar wording indicating that the Performance Mattress Protector, Sheet and/or Blanket is not “new” or of “first quality”, or has previously been purchased or used by another consumer.

Replacement Components may be provided in a color different from the Component you originally purchased. BEDGEAR reserves the right to refuse service and invalidate the warranty when the Performance Mattress Protector, Sheet and/or Blanket, even if defective, is in an unsanitary condition (due to blood or bodily fluid stains or soiling, infestation or other abuse), when the Performance Mattress Protector, Sheet and/or Blanket has evidence of damage from liquid penetration, cleaning or the use of cleaning fluids, or whenever the product failure is caused by factors other than defective workmanship or materials.

F. Product Replacement Terms

In the event of a Defect and in order to get the benefit of this limited warranty, you must return your Performance Mattress Protector, Sheet and/or Blanket to BEDGEAR and provide BEDGEAR with proof of the original date of purchase.

If you wish to replace your Performance Mattress Protector, Sheet and/or Blanket with a more expensive Performance Mattress Protector, Sheet and/or Blanket (an “Upgrade Performance Mattress Protector, Sheet and/or Blanket”), then please e-mail BEDGEAR at the e-mail address set forth at the end of this limited Performance Mattress Protector, Sheet and/or Blanket warranty. You will be required to pay the difference between the original purchase price of the Performance Mattress Protector, Sheet and/or Blanket and that of the Upgrade Performance Mattress Protector, Sheet and/or Blanket, plus the cost of any related additional pieces necessary for such Upgrade Performance Mattress Protector, Sheet and/or Blanket.

BEDGEAR will repair or replace (as applicable) and ship your Performance Mattress Protector, Sheet and/or Blanket or Upgrade Performance Mattress Protector, Sheet and/or Blanket back to you within 365 days of receiving your original Performance Mattress Protector, Sheet and/or Blanket.

Replaced or repaired Performance Mattress Protector, Sheet and/or Blanket that is not an Upgrade Performance Mattress Protector, Sheet and/or Blanket is subject to the same limited warranty as the original Performance Mattress Protector, Sheet and/or Blanket. For example, if you obtain a replaced or repaired Performance Mattress Protector, Sheet and/or Blanket that is the same style and price as the original Performance Mattress Protector, Sheet and/or Blanket, then the warranty term of the replaced or repaired Performance Mattress Protector, Sheet and/or Blanket begins from the delivery date of the original Performance Mattress Protector, Sheet and/or Blanket. If you purchase an Upgrade Performance Mattress Protector, Sheet and/or Blanket, then you obtain a new limited warranty, and the warranty term will begin upon the delivery date of the Upgrade Performance Mattress Protector, Sheet and/or Blanket.

G. Disclaimer, Limitation on Liability

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS WARRANTY AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. ANY AND ALL IMPLIED WARRANTIES SHALL NOT EXCEED IN DURATION THE TERM OF THIS LIMITED WARRANTY. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, IN NO EVENT WILL BEDGEAR OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE PERFORMANCE MATTRESS PROTECTOR, SHEET AND/OR BLANKET OR ITS USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF BEDGEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BEDGEAR’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PERFORMANCE MATTRESS PROTECTOR, SHEET AND/OR BLANKET GIVING RISE TO SUCH LIABILITY.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

H. Arbitration

In the event a dispute arises between you and BEDGEAR arising out of this Limited Warranty, such dispute will be determined and settled by binding arbitration between the parties, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). More information about the AAA is located at www.adr.org, or you can call the AAA at 1-800-778-7879.

You must seek arbitration for disputes arising out of this Limited Warranty prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act. If you choose to pursue any rights and remedies that are not created by Title I of the Magnuson Moss Warranty Act, then arbitration is not required.

Arbitration will take place in New York, New York.

The arbitration will not be combined with any other proceeding or arbitration against one of the parties. Each party will designate one arbitrator and the two designated arbitrators will select a third arbitrator, who will serve as the chair of the arbitration panel. If the two arbitrators cannot agree on the third arbitrator, then the AAA will appoint the third arbitrator. Barring extraordinary circumstances, the arbitrators will issue their decision within 120 days from the date the third arbitrator is selected by the two designated arbitrators or appointed by the AAA. The arbitrators may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all related records will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The decision and the arbitrators’ award will be in writing and will include a statement setting forth the reasons for the disposition of any claim. A dissenting decision will also be set forth in writing. The arbitrators’ award will be final and binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction.

I. Governing Law

This limited warranty will be governed by the laws of the State of New York, without giving effect to its conflict of laws rules.

J. Warrantor

BEDGEAR, LLC
200 Sea Lane
Farmingdale, NY 11735
631-414-7763
WOW@BEDGEAR.com

PERFORMANCE® PILLOWS IN ALL SIZES (e.g., 0, 1, 2 and 3) BEDGEAR® LIMITED WARRANTY & 365 NIGHT GUARANTEE

BEDGEAR wants you to have 100% of the comfort and support you need to get a great night’s sleep so you can Wake Ready each day with our Performance® bedding products. We want to make sure our bedding products live up to their intent. That’s why we have created a 365 Night Guaranty that covers “wear and tear” and goes well beyond any traditional bedding manufacturer’s warranty. And Our 365 Night Guaranty is activated from your date of delivery; all warranty restrictions apply.

Your new BEDGEAR Performance Pillow in all sizes (e.g., 0, 1, 2 and 3) is covered by this limited warranty, giving you specific legal rights and you may also have other rights which vary from state to state. If you purchased a BEDGEAR Performance Pillow with one of our authorized retail partners, please contact the retailer directly with any questions about your warranty claim. If you purchased a BEDGEAR Performance Pillow on BEDGEAR.com, please contact us at the email address or phone number at the bottom of this warranty.

A. Products Covered By This Limited Warranty

This limited warranty extends to pillows manufactured by BEDGEAR LLC (“BEDGEAR”) and purchased directly from BEDGEAR or BEDGEAR’s authorized retailers (the “Pillow”).

B. Who This Warranty Extends To

This limited warranty extends to the original purchaser of any Performance Pillow. All BEDGEAR warranties, including any implied warranties, are valid only for the period of time the Performance Pillow is owned by the original purchaser of the Performance Pillow. The “original purchaser,” for the purposes of this warranty, is the first purchaser of the Performance Pillow from BEDGEAR or a BEDGEAR authorized retailer. PLEASE RETAIN A COPY OF YOUR RECEIPT AS PROOF OF PURCHASE. All BEDGEAR limited warranties are non-transferable.

C. BEDGEAR's Limited Warranty Description

BEDGEAR warrants the Performance Pillow, sold to you in its original packaging, against the defects in material and workmanship set forth below (“Defects”) for a period of 365 days from the time your Performance Pillow is delivered to you, when the Performance Pillow is used normally for its intended purposes.

D. What This Limited Warranty Covers

This limited warranty applies to the following Defects:

• Deterioration causing the Performance Pillow to have a visible indentation greater than one (1) inch that is not associated with an indentation or sag designed or engineered with the Performance Pillow.
• Any physical flaw in the Performance Pillow that causes the material to split or crack, despite normal usage and proper handling.
• Any manufacturing defect in the assembly of the Performance Pillow.
• Zippered pillow covers are warrantied for manufacturing defects and workmanship, flaws of the zipper or seams, and tearing of the fabric under normal use. Pillows with a zipper can be removed for cleaning, see label for cleaning suggestions.

E. What This Limited Warranty Does Not Cover

This limited warranty does not cover the following:

• Any deterioration of the cell structure of the material that causes the Performance Pillow to not return to its original shape.
• Normal increases in softening and settling of materials, or any other normal wear and tear.
• A normal increase in softness of the foam pressure-relieving material which does not affect the pressure-relieving qualities of the Performance Pillow.
• Physical abuse or damage to the structure and/or cover material, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the defect is caused by such abuse or damage.
• Damage caused by commercial use, such as in a hotel or store.
• Comfort preference beyond the 30-day risk-free trial period.
• Any Performance Pillow (whether manufactured by BEDGEAR or not) sold by resellers who are not authorized retailers of BEDGEAR.
• Performance Pillow sold “as-is”, “preconditioned”, “reconditioned”, “used”, “comfort return”, “returned”, “previously owned”, or any other similar wording indicating that the Performance Pillow is not “new” or of “first quality”, or has previously been purchased or used by another consumer.

In the event of a Defect, BEDGEAR’s sole and exclusive liability and your sole remedy under this limited warranty will be, at BEDGEAR’s option, to provide a repaired or replacement Performance Pillow, subject to your fulfillment of “Your Responsibilities” below. Replacement Components may be provided in a color different from the Component you originally purchased. BEDGEAR reserves the right to refuse service and invalidate the warranty when the Performance Pillow, even if defective, is in an unsanitary condition (due to blood or bodily fluid stains or soiling, infestation or other abuse), when the Performance Pillow has evidence of damage from liquid penetration, cleaning or the use of cleaning fluids, or whenever the product failure is caused by factors other than defective workmanship or materials.

F. Product Replacement Terms

In the event of a Defect and in order to get the benefit of this limited warranty, you must return your Performance Pillow to BEDGEAR and provide BEDGEAR with proof of the original date of purchase.

If you wish to replace your Performance Pillow with a more expensive Performance Pillow (an “Upgrade Pillow”), then please e-mail BEDGEAR at the e-mail address set forth at the end of this limited Performance Pillow warranty. You will be required to pay the difference between the original purchase price of the Performance Pillow and that of the Upgrade Performance Pillow, plus the cost of any related additional pieces necessary for such Upgrade Performance Pillow.

BEDGEAR will repair or replace (as applicable) and ship your Performance Pillow or Upgrade Performance Pillow back to you within 365 days of receiving your original Performance Pillow.

Replaced or repaired Performance Pillow that is not an Upgrade Performance Pillow is subject to the same limited warranty as the original Performance Pillow. For example, if you obtain a replaced or repaired Performance Pillow that is the same style and price as the original Performance Pillow, then the warranty term of the replaced or repaired Performance Pillow begins from the delivery date of the original Performance Pillow. If you purchase an Upgrade Performance Pillow, then you obtain a new limited warranty, and the warranty term will begin upon the delivery date of the Upgrade Performance Pillow.

G. Disclaimer, Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, IN NO EVENT WILL BEDGEAR OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE PERFORMANCE PILLOW OR ITS USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF BEDGEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BEDGEAR’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PERFORMANCE PILLOW GIVING RISE TO SUCH LIABILITY.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

H. Arbitration

Arbitration will take place in New York, New York.

I. Governing Law

This limited warranty will be governed by the laws of the State of New York, without giving effect to its conflict of laws rules.

J. Warrantor

BEDGEAR, LLC
200 Sea Lane
Farmingdale, NY 11735
631-414-7763
WOW@BEDGEAR.com