10-YEAR TEMPUR-PEDIC® MATTRESS AND FLAT FOUNDATION LIMITED WARRANTY

REST EASY

Your new Tempur-Pedic® mattress and/or flat foundation are covered by a 10-Year Limited Warranty (“Limited Warranty” or “Warranty”): subject to certain limitations specified below, for ten (10) years after you purchase your new mattress and/or foundation directly from Tempur-Pedic North America, LLC, or from an authorized Tempur-Pedic retailer, if either product has a defect covered under the warranty, Tempur -Pedic will replace or repair it. This includes all parts of the mattress and foundation, and there’s no deductible. The details of this Limited Warranty, its coverage, and any exclusions or limitations are provided in the complete Warranty Description on the pages that follow.

I. WARRANTY DESCRIPTION

THIS LIMITED WARRANTY CONTAINS BINDING JAMS ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION VI. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION VI BELOW, WHICH ALSO DESCRIBE YOUR RIGHT TO OPT-OUT.

This Limited Warranty applies to any new Tempur-Pedic flat, non-adjustable foundation and/or Tempur-Pedic mattress (individually, a “Product” or “Covered Product,” and collectively, “Products” or “Covered Products”) purchased in the United States from Tempur-Pedic (“we” or “us”) or its authorized retailers. Tempur-Pedic provides this Limited Warranty to you, as the original purchaser of the Covered Product (“you,” “your” or “purchaser”); it is not transferable to anyone who subsequently purchases the product from you. Your purchase of a Tempur-Pedic mattress and/or flat foundation product indicates acceptance of the Limited Warranty terms. This Limited Warranty gives you as the purchaser specific legal rights, and you may also have other rights, which may vary from state to state.

II. HOW LONG WILL THE WARRANTY LAST?

Tempur-Pedic warrants that, for ten (10) years from the date of purchase as shown on your sales receipt (the “Limited Warranty Period” or the “Warranty Period”), the Covered Product(s) will be free from defects in materials and workmanship under normal use.

III. WHAT WILL TEMPUR-PEDIC DO? WHAT IS AND IS NOT COVERED?

During the Warranty Period, Tempur-Pedic will, at no additional charge to you (except as indicated below), offer a repair or replacement for defective Covered Products. TEMPUR-PEDIC’S RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR OR REPLACEMENT, AT TEMPUR-PEDIC’S OPTION, SUBJECT TO THE LIMITATIONS DESCRIBED IN THIS LIMITED WARRANTY. All exchanged parts and Products replaced under this warranty will become the sole property of Tempur-Pedic.

This Limited Warranty is valid only in connection with the original purchase of new Covered Products directly from Tempur-Pedic or from authorized retailers. An “original purchaser,” for the purposes of this Limited Warranty, is an individual or entity who purchases the product directly from Tempur-Pedic or an authorized retailer of Tempur-Pedic with the intent to use the product for personal consumer use and not for commercial or industrial use and not with the intent to resell the product. An “authorized retailer,” for purposes of this Limited Warranty, is an individual or entity expressly authorized by Tempur-Pedic to sell Products directly to original purchasers. An individual or entity that purchases the product with the intent to resell the product is an “unauthorized reseller,” and mattresses and/or foundations purchased by or from such individual or entity will not be eligible for coverage under the Limited Warranty.

This Limited Warranty does not apply to expendable parts, or to floor models or demonstration samples (except as specifically provided below in the “Mattress Demonstration Samples and Floor Models” section), or to products sold by unauthorized resellers, including, without limitation, unauthorized resellers on third-party websites. If a purchaser is not the original purchaser of this product, purchaser takes the product “AS IS,” “with all faults,” and without warranty. If the purchase of this product was not directly from Tempur-Pedic, proof of purchase will be required to demonstrate that the product was purchased from an authorized Tempur-Pedic retailer and purchaser is eligible to make a valid claim under this Limited Warranty.

Tempur-Pedic undertakes no responsibility for the quality of the products except as provided in this Limited Warranty, and there are no warranties that extend beyond the description provided herein. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

A. MATTRESSES

Tempur-Pedic mattresses are designed to work on a firm, solid-surface, non-spring foundation or adjustable bed base that is structurally capable of supporting the weight of purchaser’s Tempur-Pedic mattress and user(s). This Limited Warranty and other performance warranties are based on tests conducted on “sets” that consist of our mattresses and our foundations/adjustable bed bases. If you as purchaser use inappropriate foundations, box springs, adjustable bed bases, or bed frames with the mattress (for details please refer to Subsection 1 below), such use will void this Limited Warranty.

Tempur-Pedic may require a purchaser to provide proof of the quality of the foundation, adjustable bed base, or bed frame used in conjunction with the mattress if purchaser makes a claim under this Limited Warranty. Tempur-Pedic makes no representations whatsoever as to the required structural integrity or rated load for any frame, foundation, or adjustable base not manufactured by or for Tempur-Pedic. Tempur-Pedic reserves the right to invalidate this Limited Warranty if the foundation is determined, in Tempur-Pedic’s reasonable discretion, to be inadequate or if the mattress is found to be in an unsanitary condition.

1. THIS LIMITED WARRANTY COVERS THE FOLLOWING ITEMS DURING NORMAL MATTRESS WEAR:

1. Deterioration causing the mattress to have a visible indentation greater than three-fourths (0.75) of an inch (measured without applying weight or pressure to the mattress) that is not associated with an indentation or sag which results from physical abuse or damage to the mattress, use of an improper or unsupportive foundation or adjustable bed base, or other misuse of the mattress. Normal wear requires that a purchaser’s mattress be continuously supported by a matching foundation or adjustable bed base with a proper bed frame sufficient to support the collective weight of the mattress, users, and foundation. A proper bed frame must provide sturdy support for the mattress, users, and foundation, include a center support, and have at least 5-6 legs for Queen, King and Cal King, and 4 legs for Twin and Full mattresses. For Queen, King, and Cal King slatted-style bed frames, it is incumbent upon purchaser to ensure that the frame utilized offers ample structural support to the mattress and foundation in view of that particular slatted-style frame. If using a slatted frame with no additional foundation, the cross slats must measure to at least 3 inches wide and no more than 4 inches apart. Rounded bars or support beams and frames that do not meet our requirements would require a foundation to provide adequate support. Failure to have a proper bed frame may invalidate the Limited Warranty. Inadequate bases include, but are not limited to plywood, bunkie boards, and plastic liners. The use of a bed frame is important for the life and protection of your sleep system. Neither mattresses, individually, nor sleep systems (mattress and foundation combination) are intended to sit/lay flat on the floor, on a water-bed frame, or on a platform of untreated wood or untreated wood covered with fabric.
2. Any physical flaw in the mattress that causes the TEMPUR® material to split or crack, despite normal usage and proper handling (as outlined in the Product Care Instructions found at tempurpedic.com).
3. Any manufacturing defect in the zipper assembly of the mattress cover.

2. THIS LIMITED WARRANTY DOES NOT COVER:

1. A normal increase in softness or decrease in firmness of the TEMPUR® pressure-relieving material because that does not affect the pressure-relieving qualities of the mattress.
2. Comfort preference. For example, changes in how the mattress feels to you, changes in the perceived level of firmness or softness, changes in responsiveness or “bounce” of the mattress, or any other personal “feel” characteristic is not covered by the Limited Warranty.
3. Physical abuse or damage to the structure and/or cover material, including but not limited to, burns, cuts, tears, liquid damage, or stains. This Limited Warranty does not cover damage, deterioration or degradation of the mattress due to liquid exposure, either singularly or over time, including, but not limited to: bodily fluids, beverage spills, animal waste, cleaning products, or any other liquid or moisture exposure.
4. Damage associated with an improper bed frame, foundation, or adjustable base. See above description of a proper bed frame.
5. Replacement of another piece in the Tempur-Pedic sleep system (e.g., foundation, adjustable base, pillows, etc.) unless the other piece is also defective.
6. Floor models or demonstration samples sold at a discount (except as specifically provided below in the “Mattress Demonstration Samples and Floor Models” section).
7. Product sold by resellers who are not authorized retailers.
8. Product sold “as-is,” “preconditioned,” “reconditioned,” “used,” “comfort return,” “returned,” “previously owned,” or any other similar wording indicating that the product is not “new” or of “first quality,” or has previously been purchased or used by another consumer.
9. Odors.
10. Mildew or mold occurring after use of the mattress, unless discovered within 30 days of purchase of the mattress.
11. Damage caused by other actions or events beyond Tempur-Pedic’s reasonable control, such as failure to follow the Product Care Instructions (found at tempurpedic.com).

B. MATTRESS DEMONSTRATION SAMPLES AND FLOOR MODELS

Mattress demonstration samples and floor model(s) (“Demos” and/or “Floor Models”) are covered by a 10-year Limited Warranty starting from the date of purchase provided on the receipt. However, except for verified warranty defects, Demos and Floor Models are sold “AS IS” and “with all faults,” and covers on Demos and Floor Models (whether removable or not) are not warrantied or guaranteed. Subject to the preceding sentence, during the Limited Warranty Period, Demos and Floor Models purchased at a discount will be repaired by Tempur-Pedic at no charge to the purchaser, or will be replaced for a charge equal to the cost of the replacement product less the amount paid by the original purchaser for the Demo or Floor Model. If the demo or floor model product has been discontinued, then the replacement charge will be the cost of a model similar to the discontinued item (or any upgraded item) less the amount paid by the original purchaser for the demo or floor model product.

C. MATTRESS COVER

Purchaser must continuously use the Mattress Cover (“Cover”) that comes on your mattress to be eligible for the 10-year Limited Warranty.

If removable, the Cover (except for Demo or Floor Model covers) initially provided for the Tempur-Pedic product is warrantied for ten (10) years from the date of purchase against faults in material or workmanship. Cover pilling is not covered by this Limited Warranty. Tempur-Pedic may, at its own option, repair or replace the cover provided on the mattress. In the event that Tempur-Pedic replaces the Cover, Tempur-Pedic will replace it with the current style of cover available for the mattress, which may be of a different color or material than the original cover provided. Tempur-Pedic will ship the replacement cover to the purchaser. The purchaser is then responsible for removing the defective cover and putting the replacement cover on the mattress.

D. FLAT, NON-ADJUSTABLE FOUNDATIONS

Tempur-Pedic foundations are designed to work with a bed frame capable of supporting the load of the foundation and an approved mattress. This Limited Warranty and other performance warranties are based on tests conducted on “sets” that consist of our mattresses and our foundations. If purchaser uses inappropriate mattresses or bed frames with this foundation, such use will void this Limited Warranty. Tempur-Pedic may require purchaser to provide proof of the quality of the bed frame or mattresses used in conjunction with the foundation if purchaser makes a claim under this Limited Warranty. Tempur-Pedic makes no representations whatsoever as to the structural integrity or rated load for any frame not manufactured by or for Tempur-Pedic. Tempur-Pedic reserves the right to invalidate this Limited Warranty if the frame is determined, in Tempur-Pedic’s reasonable discretion, to be inadequate or if the foundation is found to be in an unsanitary condition.

1. THIS LIMITED WARRANTY COVERS THE FOLLOWING ITEMS DURING NORMAL WEAR:

1. Structural damage or broken components.
2. Squeaks or rattles originating from the foundation.
3. Sagging that is not associated with use of an improper bed frame and does not result from physical abuse or damage to the foundation, or other misuse of the foundation.

2. THIS LIMITED WARRANTY DOES NOT COVER:

1. Structural damage from using an improper bed frame.
2. Physical abuse or damage to the structure and/or cover material of the foundation, including but not limited to, burns, cuts, tears, or liquid damage.
3. Replacement of another piece in the Tempur-Pedic sleep system (e.g., mattress, adjustable base, pillows, etc.) unless the other piece is also defective.
4. Floor models or demonstration samples sold at a discount (except as specifically provided below in the “Foundation Demonstration Samples and Floor Models” section).
5. Product sold by resellers who are not authorized Tempur-Pedic retailers.
6. Product sold “AS IS,” “preconditioned,” “reconditioned,” “used,” “comfort return,” “returned,” “previously owned,” or any other similar wording indicating that the product is not “new” or of “first quality,” or has previously been purchased or used by another consumer.
7. Mildew or mold occurring after use of the foundation, unless discovered within 30 days of purchase of the foundation.
8. Damage caused by other actions or events beyond Tempur-Pedic’s reasonable control.

E. FOUNDATION DEMONSTRATION SAMPLES AND FLOOR MODELS

Demonstration samples and floor model(s) of a Tempur-Pedic flat, non-adjustable foundation are covered by a 10-year Limited Warranty from the date of purchase provided on the receipt. However, except for verified warranty defects, Demos and Floor Models are sold “as is” and “with all faults” and covers on Demos and Floor Models (whether removable or not) are not warrantied or guaranteed. During the Limited Warranty, Demos and Floor Models purchased at a discount will be repaired by Tempur-Pedic at no charge to the purchaser or will be replaced for a charge equal to the cost of the replacement foundation less the amount paid by the original purchaser for the demo or floor model. If the demo or floor model product has been discontinued, then the replacement charge will be the cost of a model similar to the discontinued item (or any upgraded item) less the amount paid by the original purchaser for the demo or floor model product.

IV. HOW TO RECEIVE WARRANTY SERVICE AND REPLACEMENTS

To receive service and/or replacements under this Limited Warranty, please contact Tempur-Pedic at https://www.tempurpedic.com/customer-service/warranties/ or 1-800-821-6621 within the Warranty Period and as soon as possible after discovery of a suspected defect, and provide: (a) copies of the relevant receipt(s); (b) a statement describing the damage; and (c) photographs showing the suspected damage, or recordings establishing rattling/squeaking or other noise complaints. Discovery is defined as the point in time when the suspected damage was discovered, or should have been discovered, by you. From the date a potential claim is detected, you must take all reasonable steps to protect the Product(s) from further damage and all reasonable steps to mitigate potential losses caused by the suspected damage.

Tempur-Pedic reserves the right to inspect the Product(s) prior to any authorization of any replacement, refund or other remedy under this Limited Warranty and may investigate and/or deny warranty claims that it determines are not covered for any reason under the terms and conditions of this Limited Warranty, or that it determines are false, noncompliant, duplicate, fraudulent, or suspicious, or otherwise problematic. Failure to provide requested information in support of your claim may result in denial of your claim. Repetitive warranty claims will not be honored. If Tempur-Pedic requires an inspector visit, the purchaser will be responsible for paying the inspection fee up front. If the damage is found to be covered under the warranty, Tempur-Pedic will reimburse the purchaser for that amount. If the damage is not covered under the warranty, purchaser will be responsible for that fee.

Tempur-Pedic will not charge purchaser to repair or replace purchaser’s Covered Product if it is deemed defective during the term of this 10-year Limited Warranty, but any associated transportation costs are purchaser’s responsibility (except to the extent applicable law requires Tempur-Pedic to pay for such costs). In no event, however, will the transportation costs exceed Tempur-Pedic’s standard freight charges at the time of replacement.

In the event a warranty claim is filed, and a warranty replacement is deemed necessary, purchaser will be required to surrender the original product to Tempur-Pedic at the time of replacement. If you do not surrender the original product, then you will be charged the full price of your replacement mattress.

The Limited Warranty for any replacement Product will run from the date of original purchase of the replaced Covered Product. The replacement will not be provided with a new warranty. If the purchaser’s mattress or foundation model has been discontinued, then it will be replaced with a model similar to the discontinued item. The value of the replacement product is limited to the purchase price of the original purchase. If a purchaser elects to upgrade to a more expensive product in connection with the replacement of a product in compliance with the terms of this Limited Warranty, it may do so by paying the difference between the cost of the original product and the more expensive product. In the event of such an upgrade, a new warranty will be provided for the upgraded piece(s) only.

V. LIMITATION OF LIABILITY

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND TEMPUR-PEDIC’S ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. TEMPUR-PEDIC’S LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT.

TEMPUR-PEDIC EXPRESSLY DISCLAIMS, AND SHALL NOT BE LIABLE FOR, INCIDENTAL, DIRECT, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, OR LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, CAUSED BY, RESULTING FROM, RELATING TO, ARISING OUT OF, OR IN CONNECTION WITH USE OF THE PRODUCT OR FAILURE OF THE PRODUCT, ANY BREACH OF THIS WARRANTY OR ANY NEGLIGENCE. THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY SHALL BE REPAIR, REPLACEMENT, OR CREDIT TOWARDS REPLACEMENT AS SET FORTH HEREIN.

THIS LIMITATION APPLIES WHETHER DAMAGES ARE SOUGHT, OR A CLAIM MADE, UNDER THIS WARRANTY AS A TORT CLAIM (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM. THIS LIMITATION CANNOT BE WAIVED OR AMENDED BY ANY PERSON. TEMPUR-PEDIC IS NOT LIABLE FOR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY. THIS LIMITATION OF LIABILITY WILL BE EFFECTIVE REGARDLESS OF: (A) WHETHER SUCH DAMAGES WERE FORESEEABLE; (B) WHETHER OR NOT TEMPUR-PEDIC OR AN AUTHORIZED REPRESENTATIVE OF TEMPUR-PEDIC WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND/OR (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. THIS LIMITATION OF LIABILITY, HOWEVER, WILL NOT APPLY TO CLAIMS FOR PERSONAL INJURY.

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

VI. BINDING JAMS ARBITRATION AND CLASS ACTION WAIVER FOR U.S. RESIDENTS

A. YOU AND TEMPUR-PEDIC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. ALL DISPUTES COVERED BY THIS AGREEMENT WILL BE DECIDED BY A SINGLE ARBITRATOR THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION AND NOT BY WAY OF COURT OR JURY TRIAL. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

This section VI applies to any dispute other than a dispute relating to the enforcement or validity of your, Tempur-Pedic’s, or any of our licensors’ intellectual property rights. “Dispute” means any dispute, action, or other controversy between you and Tempur-Pedic arising out of or related to your TEMPUR-PEDIC® mattress or flat foundation or this warranty, or our relationship otherwise, 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, please contact Tempur-Pedic’s customer service department by calling toll-free at 1-800-821-6621.

C. If Tempur-Pedic’s customer service department is not able to resolve the Dispute, either you or Tempur-Pedic 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 Tempur-Pedic North America, LLC, ATTN: Office of General Counsel, 1000 Tempur Way, Lexington, KY 40511. Tempur-Pedic 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. If no such information exists or if such information is not current, then Tempur-Pedic has no notification or delay obligations under this section. You and Tempur-Pedic 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 Tempur-Pedic may commence arbitration.

D. Unless you give us notice of opt-out within thirty (30) days of your purchase of Products, addressed to: Tempur-Pedic North America, LLC, 1000 Tempur Way, Lexington, KY 40511, (Attn: Office of General Counsel - Arbitration), all actions or proceedings arising in connection with, touching upon or relating to any Dispute, or the scope of the provisions of this Section, shall be submitted to JAMS (www.jamsadr.com) for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000, or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, before a single arbitrator. The matter shall be submitted to JAMS in accordance with its Policy on Consumer Arbitration Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. JAMS’ Rules are available at www.jamsadr.com. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its affiliates’ lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter has been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek injunctive relief (subject to the provisions of this Limited Warranty waiving or limiting that relief) in a court of competent jurisdiction in Lexington, Kentucky or, if sought by Company, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator’s decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to a court of competent jurisdiction, which may be made ex parte, for confirmation and enforcement of the award.

E. You and Tempur-Pedic shall follow the JAMS Rules applicable to initial filing fees, but in no event will you be responsible for any portion of those fees in excess of the filing or initial appearance fees applicable to state or federal court actions in the jurisdiction where the arbitration will be conducted.

The location of the arbitration proceeding shall be in the county and state of your residence, unless each party to the arbitration agrees in writing otherwise, or agrees to conduct the arbitration strictly on written submissions or remotely.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision is void, voidable or otherwise invalid. However, as stated in subparagraph (G) below, the preceding sentence does not apply to the class and collective action waivers. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

F. You may elect to pursue your claim in small claims court solely on an individual basis rather than arbitration. The arbitration or small claims court proceeding will be limited solely to your individual dispute or controversy.

G. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR TEMPUR-PEDIC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS OR OTHER ENTITIES IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

There will be no right or authority for any dispute to be brought, heard, or arbitrated as a class or collective action and the arbitrator will have no authority to hear or preside over any such claim. This class and collective action waiver shall be severable if there is a final judicial determination that the waiver is invalid, unenforceable, unconscionable, void or voidable. In such instances, the class or collective action must be litigated in a civil court of competent jurisdiction—not in arbitration.

Regardless of anything else in this section and/or the JAMS Rules, or any amendments and/or modifications to those rules, any challenge to the class and collective action waiver, including, but not limited to, any claim that all or part of the waiver is invalid, unenforceable, unconscionable, void or voidable, may be determined only by a court of competent jurisdiction and not by an arbitrator.

H. To the extent permitted by law, any claim or dispute under this Limited Warranty must be filed within one year in small claims court or an arbitration proceeding, 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.

I. If any provision of this arbitration agreement is found to be unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

J. This arbitration agreement and any arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended, to the exclusion of state law inconsistent therewith. The laws of the Commonwealth of Kentucky, without regard to its choice of law principles, will exclusively govern substantive law.

K. Notwithstanding anything to the contrary herein, and only to the extent a court of competent jurisdiction determines that California law applies to our relationship with a California customer in contravention of this agreement providing that Kentucky law shall exclusively apply, then (a) a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) must be arbitrated on a class basis, (b) in the event that the foregoing clause is deemed invalid or unenforceable, a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) may be brought in the state or federal courts located in Kentucky on a class basis, and (c) any claims other than for public injunctive relief must be arbitrated on an individual, non-class basis as otherwise set forth in this section.

L. This provision survives termination of your account or relationship with us, bankruptcy, assignment, or transfer.

M. YOU UNDERSTAND THAT, BUT FOR THE TERMS OF THIS WARRANTY, YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.

N. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE A PRODUCT BY WRITING TO US AT TEMPUR-PEDIC NORTH AMERICA, LLC, 1000 TEMPUR WAY, LEXINGTON, KY 40511, (ATTN: OFFICE OF GENERAL COUNSEL - ARBITRATION). FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING THE PRODUCT(S) YOU PURCHASED WITHIN THE 30 DAYS AND THE DATE YOU PURCHASED THE PRODUCT(S). IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.

LIMITED WARRANTY FOR THE TEMPUR-ERGO® ADJUSTABLE BASE;

TEMPUR-PEDIC® NORTH AMERICA, LCC (TEMPUR-PEDIC®) WARRANTS THAT IT WILL, AT TEMPUR-PEDIC’S OPTION, REPLACE OR REPAIR PURCHASER’S TEMPUR-ERGO® MODEL IF IT IS DEFECTIVE DUE TO FAULTY WORKMANSHIP OR MATERIALS, SUBJECT TO THE LIMITATIONS DESCRIBED IN THIS WARRANTY.

TEMPUR-PEDIC® UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE GOODS EXCEPT AS OTHERWISE PROVIDED IN THIS WARRANTY. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE THEREOF.

THIS WARRANTY APPLIES ONLY TO TEMPUR-ERGO® MODEL. THIS MODEL MAY BE IDENTIFIED BY REFERENCE TO THE SERIAL NUMBER ON THE PRODUCT.

YEARS 1 THROUGH 3: FULL COVERAGE OF PARTS AND LABOR TEMPUR-PEDIC

TEMPUR-Ergo® 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, Tempur-Pedic® will send replacement parts to the purchaser, at no cost, in order to replace any such defective part. In addition, Tempur-Pedic® will pay all authorized labor and transportation costs associated with the repair or replacement of any parts which Tempur-Pedic® determines to be defective. This three (3) year warranty shall not apply if the purchaser does not return any and all defective parts to Tempur-Pedic® 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 TEMPUR-Ergo® 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 THROUGH 5: FULL COVERAGE OF PARTS ONLY

Upon notice during the years four (4) and five (5) from the warranty commencement date, Tempur-Pedic® 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 Tempur-Pedic® 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 25 WARRANTY

Notwithstanding the above, Tempur-Pedic® extends a 25 Year Warranty on the frame itself used in this product. Specifically, Tempur-Pedic® warrants that for a full 25 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 25 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 TEMPUR-Ergo® directly from Tempur-Pedic® 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 Tempur-Pedic®. 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. In addition, if the recommended weight restrictions are not followed (Twin Long, Queen Split, Double, Queen, King, CA King and Split/Dual CA King bases - up to 700 lbs. each) this Warranty is void. Replacement parts may be new or reconditioned at Tempur-Pedic®’s discretion. Except for the 25 Year Warranty provided for the frame of this product, there is no warranty at all after five years, dating from commencement of this Limited Warranty.

Replacement parts may be new or reconditioned at Tempur-Pedic®’s discretion.

Except for the 25 Year Warranty provided for the frame of this product, there is no warranty at all after five years, dating from commencement of this Limited Warranty.

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 Tempur-Pedic® 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 TEMPUR-Ergo® 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 TEMPUR-Ergo® model directly from Tempur-Pedic®, 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, Tempur-Pedic® 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 Tempur-Pedic® 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 commencement of this Limited Warranty.

TEMPUR-PEDIC® 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.

If you the purchaser experience any problem with your TEMPUR-Ergo® during the warranty period, please consult the troubleshooting section of your Reference Guide. If the problem persists, please contact Tempur-Pedic®’s Customer Service Department by calling toll-free 1-800-821-6621 or by sending an email to customer.service@tempurpedic.com.

This Warranty is valid in all 50 states, Puerto Rico, Mexico and Canada.

Floor Model 20-Year Limited Warranty

This Tempur-Pedic® Rest Easy Limited Warranty is offered on the TEMPUR-Ergo®, TEMPUR-Ergo® Smart, TEMPUR-Ergo® Extend and TEMPUR-Ergo® Extend Smart Adjustable Base Floor Models.

Please retain this warranty document and your proof of purchase/sales receipt. Without this information, your warranty will revert to the date of manufacture. Should you need technical service on your TEMPUR-Ergo®, TEMPUR-Ergo® Smart, TEMPUR-Ergo® Extend and TEMPUR-Ergo® Extend Smart Adjustable Base, contact a Tempur-Pedic Service Support Specialist at 1-800-821-6621. You will need to have this warranty document and proof of purchase available at the time of your call.

THIS TEMPUR-PEDIC PRODUCT IS BEING SOLD IN “AS IS” CONDITION. NEVERTHELESS, TEMPUR-PEDIC NORTH AMERICA, LLC (“TEMPUR-PEDIC”) WARRANTS THAT IT WILL AT TEMPUR-PEDIC’S OPTION, REPLACE OR REPAIR PUCHASER’S FLOOR MODEL TEMPUR-ERGO®, TEMPUR-ERGO® SMART, TEMPUR-ERGO® EXTEND AND TEMPUR-ERGO® EXTEND SMART ADJUSTABLE BASE IF IT IS DEFECTIVE DUE TO FAULTY WORKMANSHIP OR MATERIALS. SUBJECT TO THE LIMITATIONS DESCRIBED IN THIS WARRANTY, BECAUSE THIS PRODUCT HAS BEEN DISPLAYED ON THE RETAIL STORE SHOWROOM FLOOR, IT MAY BE MISSING VARIOUS ACCESSORY COMPONENTS AND MAY HAVE NORMAL WEAR AND TEAR FROM SUCH USE AND DISPLAY. PURCHASER TAKES THE PRODUCT IN SUCH CONDITION. PLEASE CHECK IT CAREFULLY BEFORE PURCHASE. THIS LIMITED WARRANTY APPLIES TO FLOOR OR DISPLAY MODELS OF THE TEMPUR-ERGO®, TEMPUR-ERGO® SMART, TEMPUR-ERGO® EXTEND AND TEMPUR-ERGO® EXTEND SMART MANUFACTURED ON OR BEFORE JANUARY 1, 2023.

YEAR 1 – Full Coverage of Parts and Labor. Your TEMPUR-Ergo®, TEMPUR-Ergo® Smart, TEMPUR-Ergo® Extend or TEMPUR-Ergo® Extend Smart Adjustable Base is warranted against defects in workmanship or materials for a period of one (1) year from the warranty commencement date (see below for details). Electronics, electrical components, drive motors and massage motors are included. Upon notice, during the first year from the warranty commencement date, Tempur-Pedic will send replacement parts (at no cost to the purchaser) for any defective part to the purchaser, and Tempur-Pedic will pay authorized labor and transportation costs associated with the repair or replacement of any parts Tempur-Pedic determines to be defective. This one (1) year limited warranty shall not apply if purchaser does not return all defective parts to Tempur-Pedic within 15 days of purchaser’s receipt of replacement parts.

YEARS 2 THROUGH 20 – Prorated Coverage of Parts Only

Upon notice during the second through the twentieth (2-20) years from warranty commencement date, Tempur-Pedic will offer, at a price commensurate with the remaining time attributable to this warranty, replacement parts for any mechanical bed part found to be defective in workmanship or materials. Electronics, electrical components, drive motors, massage motors, and remote control are excluded. Based upon this term of twenty years, the replacement of a defective part in year two of this warranty would cost the purchaser 5% of its then current replacement cost. In year three the replacement of a defective part would cost the purchaser 10% of such replacement costs; in year four the replacement of a defective part would cost the purchaser 15%, and so on until year 20 when the purchaser would bear 95% of such replacement costs. Such proration will not be allowed, and the terms of this warranty shall not apply, if the purchaser does not return all defective parts to Tempur-Pedic within 15 days of purchaser’s receipt of replacement part. Purchaser shall bear all service, labor, and shipping costs related to the delivery and/or replacement of the defective part.

WARRANTY COMMENCEMENT: This warranty as to Tempur-Pedic units used as floor or display models begins on the “warranty commencement date” which is the date of purchase by the end consumer from Tempur-Pedic or one of its authorized retailers. Proof of purchase date is required. If original proof of purchase is not provided by purchaser, Tempur-Pedic reserves the right to determine if the unit is not covered by this limited warranty or to use the manufacturing date as the warranty commencement date.

This warranty does not apply: (a) to any damage caused by the purchaser; (b) if there has been any unauthorized repair or replacement of the unit’s parts; (c) if the unit has been mishandled (whether in transit or by other means), subjected to physical or electrical abuse or misuse, or otherwise operated in any way inconsistent with the operation and maintenance procedures outlined in the Complete Reference Guide, this warranty, and any other applicable document published or approved by Tempur-Pedic; (d) to damage to mattresses, fabric, cables, electrical cords or items supplied by retailers (contact the retailer or relevant party for warranty information on these items); (e) if there have been any unnecessary service calls, including costs for in-home service calls solely for the purpose of educating the consumer about the unit; (g) if the recommended weight restrictions are not followed (Twin, Twin Long, Double, Split Queen, Queen, Split CA King – 600 lbs), the warranty will be void.

Repairs to or replacement of the TEMPUR-Ergo®, TEMPUR-Ergo® Smart, TEMPUR-Ergo® Extend and TEMPUR-Ergo® Extend Smart Adjustable Base or their components under the terms of this limited warranty will apply to the original warranty period and will not serve to extend such period. The decision to repair or to replace defective parts under this warranty shall be made by Tempur-Pedic at its option and its sole discretion.

REPAIR OR REPLACEMENT SHALL BE THE SOLE AND EXCLUSIVE REMEDY OF THE PURCHASER. THERE SHALL BE NO LIABILITY ON THE PART OF TEMPUR-PEDIC FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR FOR ANY OTHER DAMAGE, CLAIM, OR LOSS NOT EXPRESSLY COVERED BY THE TERMS OF THIS WARRANTY. THIS LIMITED WARRANTY DOES NOT INCLUDE REIMBURSEMENT FOR INCONVENIENCE, REMOVAL, INSTALLATION, SETUP TIME, LOSS OF USE, SHIPPING, OR ANY OTHER COSTS OR EXPENSES. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives the purchaser specific legal rights, and the purchaser may also have other rights, which may vary from state to state. This warranty is valid in all 50 states, Puerto Rico, and Canada. This warranty is valid only for the original purchaser of the product. An original purchaser is one who purchases the product directly from Tempur-Pedic North America, LLC or an authorized retailer of Tempur-Pedic North America, LLC. If you are not the original purchaser of this product, you take it “as is” and “with all faults.” If you did not purchase this product directly from Tempur-Pedic North America, LLC, 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.

If you experience any issues with your TEMPUR-Ergo®, TEMPUR-Ergo® Smart, TEMPUR-Ergo® Extend or TEMPUR-Ergo® Extend Smart Adjustable Base during the warranty period, please consult the troubleshooting section of your Reference Guide. If problems persist after following these instructions, please call 1-800-821-6621.

Limited Warranty for TEMPUR-Ergo® Smart Powered by Sleeptracker-AI®

TEMPUR PEDIC NORTH AMERICA, LLC (“TEMPUR PEDIC®”) WARRANTS THAT IT WILL, AT TEMPUR PEDIC’S OPTION, REPLACE OR REPAIR PURCHASER’S TEMPUR-ERGO® SMART POWERED BY SLEEPTRACKER-AI® MODEL IF IT IS DEFECTIVE DUE TO FAULTY WORKMANSHIP OR MATERIALS, SUBJECT TO THE LIMITATIONS DESCRIBED IN THIS WARRANTY.

TEMPUR PEDIC® UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE GOODS EXCEPT AS OTHERWISE PROVIDED IN THIS WARRANTY. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE THEREOF.

THIS WARRANTY APPLIES ONLY TO TEMPUR-ERGO® SMART POWERED BY SLEEPTRACKER-AI® MODEL. THIS MODEL MAY BE IDENTIFIED BY REFERENCE TO THE SERIAL NUMBER ON THE PRODUCT.

YEARS 1 THROUGH 3: FULL COVERAGE OF PARTS AND LABOR

TEMPUR-Ergo® Smart Powered by Sleeptracker-AI® 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, transducers, soundbar, Sleeptracker-AI® components and power supply components. Upon notice during the first through third year from the warranty commencement date, Tempur Pedic® will send replacement parts to the purchaser, at no cost, in order to replace any such defective part. In addition, Tempur Pedic® will pay all authorized labor and transportation costs associated with the repair or replacement of any parts which Tempur Pedic® determines to be defective. This three (3) year warranty shall not apply if the purchaser does not return any and all defective parts to Tempur Pedic® 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 TEMPUR-Ergo® Smart Powered by Sleeptracker-AI® 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 THROUGH 5: FULL COVERAGE OF PARTS ONLY

Upon notice during the years four (4) and five (5) from the warranty commencement date, Tempur Pedic® will offer replacement parts for any defective parts to the purchaser. Factory supplied electronics, electrical components, drive motors, Sleeptracker-AI® components, transducers, soundbar 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 Tempur Pedic® 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 25 WARRANTY

Notwithstanding the above, Tempur Pedic® extends a 25 Year Warranty on the frame itself used in this product. Specifically, Tempur Pedic® warrants that for a full 25 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 25 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 and transducers, control box, remote controls, power supply, Sleeptracker-AI® components, sound bar 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 TEMPUR-Ergo® Smart Powered by Sleeptracker-AI® directly from Tempur Pedic® 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 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. In addition, if the recommended weight restrictions are not followed (Twin Long, Queen, King, CA King and Split/Dual CA King bases - up to 850 lbs. each) this Warranty is void.

Replacement parts may be new or reconditioned at Tempur Pedic®’s discretion. Except for the 25 Year Warranty provided for the frame of this product, there is no warranty at all after five years, dating from commencement of this Limited Warranty.

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 Tempur Pedic® 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 TEMPUR-Ergo® Smart Powered by Sleeptracker-AI® 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 TEMPUR-Ergo® Smart Powered by Sleeptracker-AI® model directly from Tempur Pedic®, 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, Tempur Pedic® 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 Tempur Pedic® 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 commencement of this Limited Warranty.

TEMPUR PEDIC® 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.

If you the purchaser experience any problem with your TEMPUR-Ergo® Smart Powered by Sleeptracker-AI® during the warranty period, please consult the troubleshooting section of your Reference Guide. “If the problem persists, please contact Tempur Pedic®’s Customer Service Department by calling toll-free U.S. 1-844-309-3597

Limited Warranty for TEMPUR-Ergo® ProSmart® Powered by Sleeptracker-AI®

TEMPUR PEDIC NORTH AMERICA, LLC (“TEMPUR PEDIC®”) WARRANTS THAT IT WILL, AT TEMPUR PEDIC’S OPTION, REPLACE OR REPAIR PURCHASER’S TEMPUR-ERGO® PROSMART® POWERED BY SLEEPTRACKER-AI® MODEL IF IT IS DEFECTIVE DUE TO FAULTY WORKMANSHIP OR MATERIALS, SUBJECT TO THE LIMITATIONS DESCRIBED IN THIS WARRANTY.

TEMPUR PEDIC® UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE GOODS EXCEPT AS OTHERWISE PROVIDED IN THIS WARRANTY. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE THEREOF.

THIS WARRANTY APPLIES ONLY TO TEMPUR-ERGO® PROSMART® POWERED BY SLEEPTRACKER-AI® MODEL. THIS MODEL MAY BE IDENTIFIED BY REFERENCE TO THE SERIAL NUMBER ON THE PRODUCT.

YEARS 1 THROUGH 3: FULL COVERAGE OF PARTS AND LABOR

TEMPUR-Ergo® ProSmart® Powered by Sleeptracker-AI® 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, transducers, soundbar, Sleeptracker-AI® components and power supply components. Upon notice during the first through third year from the warranty commencement date, Tempur Pedic® will send replacement parts to the purchaser, at no cost, in order to replace any such defective part. In addition, Tempur Pedic® will pay all authorized labor and transportation costs associated with the repair or replacement of any parts which Tempur Pedic® determines to be defective. This three (3) year warranty shall not apply if the purchaser does not return any and all defective parts to Tempur Pedic® 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 TEMPUR-Ergo® ProSmart® Powered by Sleeptracker-AI® 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

FRAME ONLY - YEARS 1 THROUGH 25 WARRANTY

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 TEMPUR-Ergo® ProSmart® Powered by Sleeptracker-AI® directly from Tempur Pedic® 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.

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 Tempur Pedic® 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 TEMPUR-Ergo® ProSmart® Powered by Sleeptracker-AI® 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 TEMPUR-Ergo® ProSmart® Powered by Sleeptracker-AI® model directly from Tempur Pedic®, 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, Tempur Pedic® 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.

If you the purchaser experience any problem with your TEMPUR-Ergo® ProSmart® Powered by Sleeptracker-AI® during the warranty period, please consult the troubleshooting section of your Reference Guide. “If the problem persists, please contact Tempur Pedic®’s Customer Service Department by calling toll-free U.S. 1-844-309-3597

This Warranty is valid in all 50 states, Puerto Rico, Mexico and Canada.

EASE Adjustable Base: 25-Year Limited Warranty

SEALY MATTRESS MANUFACTURING COMPANY, LLC. OR TEMPUR-PEDIC NORTH AMERICA, LLC (“TEMPUR SEALY®”) WARRANTS

THAT IT WILL, AT TEMPUR SEALY’S OPTION, REPLACE OR REPAIR PURCHASER’S EASE® MODEL IF IT IS DEFECTIVE DUE TO FAULTY WORKSMANSHIP OR MATERIALS, SUBJECT TO THE LIMITATIONS DESCRIBED IN THIS WARRANTY.

TEMPUR SEALY® UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE GOODS EXCEPT AS OTHERWISE PROVIDED IN THIS WARRANTY. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE THEREOF.

THIS WARRANTY APPLIES ONLY TO EASE® MODEL. THIS MODEL MAY BE IDENTIFIED BY REFERENCE TO THE SERIAL NUMBER ON THE PRODUCT.

YEARS 1 THROUGH 3: FULL COVERAGE OF PARTS AND LABOR EASE® 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, Tempur Sealy® will send replacement parts to the purchaser, at no cost, in order to replace any such defective part. In addition, Tempur Sealy® will pay all authorized labor and transportation costs associated with the repair or replacement of any parts which Tempur Sealy® determines to be defective. This three (3) year warranty shall not apply if the purchaser does not return any and all defective parts to Tempur Sealy® 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.

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 EASE® 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, Tempur Sealy® 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 Tempur Sealy® 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 25 WARRANTY

Notwithstanding the above, Tempur Sealy® extends a 25 Year Warranty on the frame itself used in this product. Specifically, Tempur Sealy® warrants that for a full 25 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 25 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

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 EASE® directly from Tempur Sealy® 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 Tempur Sealy®. 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. In addition, if the recommended weight restrictions are not followed (Twin, Twin Long, Double, Queen, King, CA King and Split/Dual CA King bases - up to 650 lbs. each) this Warranty is void.

Replacement parts may be new or reconditioned at Tempur Sealy®’s discretion.

Except for the 25 Year Warranty provided for the frame of this product, there is no warranty at all after five years, dating from commencement of this Limited Warranty.

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 Tempur Sealy® 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 EASE® 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 EASE® model directly from Tempur

Sealy®, 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, Tempur Sealy® 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 Tempur Sealy® 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 commencement of this Limited Warranty.

TEMPUR SEALY® 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.

If you the purchaser experience any problem with your EASE® during the warranty period, please consult the troubleshooting section of your Reference Guide. If the problem persists, please contact Tempur Sealy®’s Customer Service Department by calling toll-free 1-800-499-1965 or in Canada 1-800-268-4414.

This Warranty is valid in all 50 states, Puerto Rico, Mexico and Canada.

Tempur-Pedic® Pillow 5-Year Limited Warranty

Tempur-Pedic North America, LLC (“Tempur-Pedic”) guarantees that it will, at Tempur-Pedic’s option, replace or repair purchaser’s product if it is defective due to faulty workmanship or materials, subject to the limitations described in this warranty. This warranty does not include a normal increase in softness of the TEMPUR® material which does not affect the adaptive qualities of the product. This warranty covers:

any physical flaw in the product that causes the material to split or crack despite normal usage and proper handling; and
deterioration of the cell structure of the material that causes the product to not return to its original shape.

During the five (5) years of this warranty, Tempur-Pedic will at its option, repair or replace the product, at a handling cost to the purchaser. This warranty covers Tempur-Pedic pillows and cushions.

If available, the cover for the product is warranted for two (2) years from the date of purchase against faults in material or workmanship. If Tempur-Pedic replaces the cover for the product, Tempur-Pedic will replace it with the current style of cover available, which may be a different cover or material than the original cover. If the product or cover is physically abused, damaged, burned, cut or torn, this warranty is void. This warranty is valid only for the original purchaser of the product. An original purchaser is one who purchases the product directly from Tempur-Pedic or an authorized Tempur-Pedic retailer. If purchaser is not the original purchaser of this product, he/she takes it “as is” and “with all faults.” If the purchase of this product was not directly from Tempur-Pedic, proof of purchase will be required to demonstrate that purchaser is the original purchaser and eligible to make a valid claim under this warranty. In the event a warranty claim is filed and a warranty replacement is deemed necessary, purchaser will be required to surrender the original product to Tempur-Pedic prior to the replacement. You may contact Tempur-Pedic’s Customer Service Department by calling toll-free 1-800-821-6621 or by sending an email to customer.service@tempurpedic.com. This warranty gives the purchaser specific legal rights, and the purchaser may also have other rights, which may vary from state to state. PLEASE RETAIN THIS WARRANTY AND ORIGINAL PROOF OF PURCHASE FOR AT LEAST 5 YEARS FROM THE DATE OF PURCHASE. Additional Limitations on Warranty CoverageIn the event a warranty claim is filed and a warranty replacement is deemed necessary, purchaser will be required to surrender the original product to Tempur-Pedic at the time of replacement. TEMPUR-PEDIC 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. 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, Tempur-Pedic’s, or any of our licensors’ intellectual property rights. “Dispute” means any dispute, action, or other controversy between you and Tempur-Pedic concerning your Tempur-Pedic pillow 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 Tempur-Pedic 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 Tempur-Pedic North America, LLC, ATTN: Office of General Counsel, 1000 Tempur Way, Lexington, KY 40511. Tempur-Pedic 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 Tempur-Pedic 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 Tempur-Pedic may commence arbitration. (c) You may also litigate any dispute in small claims court in your county of residence or Fayette County, Kentucky 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 Tempur-Pedic 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 Tempur-Pedic 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 Fayette County, Kentucky. Tempur-Pedic 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) Tempur-Pedic will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses as provided below. If you reject Tempur-Pedic’s last written settlement offer made before the arbitrator was appointed (“Tempur-Pedic’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 Tempur Pedic’s last written offer, Tempur-Pedic 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 Tempur-Pedic agree on them. For purposes of this limited warranty, an email shall be considered a written communication. (h) In any arbitration you commence, Tempur-Pedic 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 Tempur-Pedic commences, Tempur-Pedic will pay all filing, AAA, and arbitrator’s fees and expenses. Tempur-Pedic 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.

STEARNS & FOSTER® STUDIO, RESERVE, AND LUX ESTATE PILLOW: 5-YEAR LIMITED WARRANTY

Stearns & Foster® Studio, Reserve, and Lux Estate Pillows

Stearns & Foster® pillows are made with high-quality materials and rigorous standards, so you get a durable, long-lasting product. Still, we realize that sometimes things go wrong. To protect you against product defects, we include a 5-year limited warranty with our pillows. You can rest assured that the pillow you love tonight will last for years to come.

I. LIMITED WARRANTY DESCRIPTION

THIS LIMITED WARRANTY CONTAINS BINDING JAMS ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS OTHERWISE SPECIFIED BELOW IN SECTION VI. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION VI BELOW, WHICH ALSO DESCRIBE YOUR RIGHT TO OPT-OUT.

This Limited Warranty applies to any new Stearns & Foster® Studio and Lux Estate pillow (a “Product” or “Covered Product”) purchased from Sealy Mattress Manufacturing Company, LLC (“Stearns & Foster®,” “we” or “us”) or its authorized retailers. Stearns & Foster® provides this Limited Warranty to you, as the original purchaser of the Covered Product (“you,” “your” or “purchaser”); it is not transferable to anyone who subsequently purchases the product from you. Your purchase of a Covered Product indicates acceptance of the Limited Warranty terms. This Limited Warranty gives you as the purchaser specific legal rights, and you may also have other rights, which may vary from state to state.

II. HOW LONG WILL THE WARRANTY LAST?

Stearns & Foster® warrants that, for five (5) years from the date of purchase as shown on your sales receipt (the “Limited Warranty Period” or the “Warranty Period”), the Covered Product(s) will be free from defects in materials and workmanship under normal use.

III. WHAT WILL STEARNS & FOSTER® DO? WHAT IS AND IS NOT COVERED?

During the Warranty Period, Stearns & Foster® will offer a replacement for defective Covered Products. Purchaser is responsible for shipping costs. STEARNS & FOSTER’S® RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPLACEMENT OF THE PRODUCTS, SUBJECT TO THE LIMITATIONS DESCRIBED IN THIS LIMITED WARRANTY.

This Limited Warranty is valid only in connection with the original purchase of new Covered Products directly from Stearns & Foster® or from authorized retailers. An “original purchaser,” for the purposes of this Limited Warranty, is an individual or entity who purchases the Covered Product directly from Stearns & Foster® or an authorized retailer of Stearns & Foster® with the intent to use the Covered Product for personal consumer use and not for commercial or industrial use and not with the intent to resell the Covered Product. An “authorized retailer,” for purposes of this Limited Warranty, is an individual or entity expressly authorized by Stearns & Foster® to sell Products directly to original purchasers. An individual or entity that purchases the Covered Product with the intent to resell the Covered Product is an “unauthorized reseller,” and pillows purchased by or from such individual or entity will not be eligible for coverage under the Limited Warranty.

This Limited Warranty does not apply to products sold by unauthorized resellers, including, without limitation, unauthorized resellers on third-party websites. If a purchaser is not the original purchaser of the Product, purchaser takes the Product “AS IS,” “with all faults,” and without warranty. If the purchase of this Product was not directly from Stearns & Foster®, proof of purchase will be required to demonstrate that the Product was purchased from an authorized Stearns & Foster® retailer and purchaser is eligible to make a valid claim under this Limited Warranty. Stearns & Foster® undertakes no responsibility for the quality of the Covered Products except as provided in this Limited Warranty, and there are no warranties that extend beyond the description provided herein. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THIS LIMITED WARRANTY COVERS THE FOLLOWING ITEMS DURING NORMAL PILLOW WEAR:

THIS LIMITED WARRANTY DOES NOT COVER:

IV. HOW TO RECEIVE WARRANTY SERVICE AND REPLACEMENTS

To receive service and/or replacements under this Limited Warranty, please contact Stearns & Foster® by visiting this website or by calling (866) 783-2767 within the Warranty Period and as soon as possible after discovery of a suspected defect, and provide: (a) copies of the relevant receipt(s); (b) a statement describing the damage; and (c) photographs showing the suspected damage. Discovery is defined as the point in time when the suspected damage was discovered, or should have been discovered, by you. From the date a potential claim is detected, you must take all reasonable steps to protect the Product from further damage and all reasonable steps to mitigate potential losses caused by the suspected damage.

Stearns & Foster® reserves the right to inspect the Product prior to any authorization of any remedy under this Limited Warranty and may investigate and/or deny warranty claims that it determines are not covered for any reason under the terms and conditions of this Limited Warranty, or that it determines are false, noncompliant, duplicate, fraudulent, or suspicious, or otherwise problematic. Failure to provide requested information in support of your claim may result in denial of your claim.

In the event a warranty claim is filed, and a warranty replacement is deemed necessary, purchaser may be required to surrender the original Covered Product to Stearns & Foster® at the time of replacement. If you do not surrender the original Covered Product upon request, then you will be charged the full price of your replacement pillow.

V. LIMITATION OF LIABILITY

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND STEARNS & FOSTER’S® ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. STEARNS & FOSTER’S® LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT.

STEARNS & FOSTER® EXPRESSLY DISCLAIMS, AND SHALL NOT BE LIABLE FOR, INCIDENTAL, DIRECT, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, OR LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, CAUSED BY, RESULTING FROM, RELATING TO, ARISING OUT OF, OR IN CONNECTION WITH USE OF THE PRODUCT OR FAILURE OF THE PRODUCT, ANY BREACH OF THIS WARRANTY OR ANY NEGLIGENCE. THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY SHALL BE REPAIR, REPLACEMENT, OR CREDIT TOWARDS REPLACEMENT AS SET FORTH HEREIN.

THIS LIMITATION APPLIES WHETHER DAMAGES ARE SOUGHT, OR A CLAIM MADE, UNDER THIS WARRANTY AS A TORT CLAIM (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM. THIS LIMITATION CANNOT BE WAIVED OR AMENDED BY ANY PERSON. STEARNS & FOSTER® IS NOT LIABLE FOR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY. THIS LIMITATION OF LIABILITY WILL BE EFFECTIVE REGARDLESS OF: (A) WHETHER SUCH DAMAGES WERE FORESEEABLE; (B) WHETHER OR NOT STEARNS & FOSTER® OR AN AUTHORIZED REPRESENTATIVE OF STEARNS & FOSTER® WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND/OR (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. THIS LIMITATION OF LIABILITY, HOWEVER, WILL NOT APPLY TO CLAIMS FOR PERSONAL INJURY.

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

VI. BINDING JAMS ARBITRATION AND CLASS ACTION WAIVER FOR U.S. RESIDENTS

A. YOU AND STEARNS & FOSTER® ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. ALL DISPUTES COVERED BY THIS AGREEMENT WILL BE DECIDED BY A SINGLE ARBITRATOR THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION AND NOT BY WAY OF COURT OR JURY TRIAL. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

This section VI applies to any dispute other than a dispute relating to the enforcement or validity of your, Stearns & Foster’s®, or any of our licensors’ intellectual property rights. “Dispute” means any dispute, action, or other controversy between you and Stearns & Foster® arising out of or related to the Covered Product or this warranty, or our relationship otherwise, 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, please contact Stearns & Foster’s® customer service department by calling toll-free at (866) 783-2767.

C. If Stearns & Foster’s® customer service department is not able to resolve the Dispute, either you or Stearns & Foster® 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 Stearns & Foster®, ATTN: Office of General Counsel, 1000 Tempur Way, Lexington, KY 40511. Stearns & Foster® 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. If no such information exists or if such information is not current, then Stearns & Foster® has no notification or delay obligations under this section. You and Stearns & Foster® 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 Stearns & Foster® may commence arbitration.

D. Unless you give us notice of opt-out within thirty (30) days of your purchase of Products, addressed to: Sealy Mattress Manufacturing Company, LLC, 1000 Tempur Way, Lexington, KY 40511, Attn: Office of General Counsel - Arbitration, all actions or proceedings arising in connection with, touching upon or relating to any Dispute, or the scope of the provisions of this Section, shall be submitted to JAMS (www.jamsadr.com) for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000, or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, before a single arbitrator. The matter shall be submitted to JAMS in accordance with its Policy on Consumer Arbitration Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. JAMS’ Rules are available at www.jamsadr.com. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its affiliates’ lawyers, insurance providers, auditors, and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter has been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek injunctive relief (subject to the provisions of this Limited Warranty waiving or limiting that relief) in a court of competent jurisdiction in Lexington, Kentucky or, if sought by Company, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator’s decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to a court of competent jurisdiction, which may be made ex parte, for confirmation and enforcement of the award.

E. You and Stearns & Foster® shall follow the JAMS Rules applicable to initial filing fees, but in no event will you be responsible for any portion of those fees in excess of the filing or initial appearance fees applicable to state or federal court actions in the jurisdiction where the arbitration will be conducted.

G. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR STEARNS & FOSTER® WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS OR OTHER ENTITIES IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

There will be no right or authority for any dispute to be brought, heard, or arbitrated as a class or collective action and the arbitrator will have no authority to hear or preside over any such claim. This class and collective action waiver shall be severable if there is a final judicial determination that the waiver is invalid, unenforceable, unconscionable, void, or voidable. In such instances, the class or collective action must be litigated in a civil court of competent jurisdiction—not in arbitration.

Regardless of anything else in this section and/or the JAMS Rules, or any amendments and/or modifications to those rules, any challenge to the class and collective action waiver, including, but not limited to, any claim that all or part of the waiver is invalid, unenforceable, unconscionable, void, or voidable, may be determined only by a court of competent jurisdiction and not by an arbitrator.

H. To the extent permitted by law, any claim or dispute under this Limited Warranty must be filed within one (1) year in small claims court or an arbitration proceeding, 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.

I. If any provision of this arbitration agreement is found to be unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

L. This provision survives termination of your account or relationship with us, bankruptcy, assignment, or transfer.

N. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE A PRODUCT BY WRITING TO US AT SEALY® MATTRESS MANUFACTURING COMPANY, LLC, 1000 TEMPUR WAY, LEXINGTON, KY 40511, (ATTN: OFFICE OF GENERAL COUNSEL - ARBITRATION). FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING THE PRODUCT(S) YOU PURCHASED WITHIN THE 30 DAYS AND THE DATE YOU PURCHASED THE PRODUCT(S). IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.

VII. ADDITIONAL WARRANTY INFORMATION

Please retain this Limited Warranty and your sales receipt (your original proof of purchase) for at least five (5) years from the date of purchase. Please contact Stearns & Foster® at www.stearnsandfoster.com or by phone at (866) 783-2767 if you have any questions about this Limited Warranty.

Issued February 2023