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Mattress Waranty

10 Year Limited Mattress Warranty

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Your new Custom Mattress Factory mattress is covered by a 10-year limited warranty (the “Mattress Warranty”). This limited Mattress Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.


 

A. Products covered by this limited Mattress Warranty
 

This limited Mattress Warranty extends to mattresses manufactured by Custom Mattress Factory (CMF), purchased directly from CMF Company or  CMF authorized retailers, and located in the United States (not including US territories) or Canada (the “Mattresses”). Some parts of this limited Mattress Warranty also extend to covers sold with Mattresses (“Mattress Covers”). This limited Mattress Warranty does not extend to Clearance Mattresses.

Mattresses are designed to work on a firm, solid-surface, on a bed base that is structurally capable of supporting the weight of the Mattress and user(s). This Mattress Warranty does not cover your Product if you use it in a manner incompatible with that intended design.

 

B. Who this Mattress Warranty extends to
 

This limited Mattress Warranty extends to the original purchaser of any Mattress who is located in the United States (not including US territories) or Canada. Customers who purchased their Mattresses through CMF trade program and use those Mattresses for commercial purposes (for example, in a hotel or store) are “Trade Customers.”
 

All CMF warranties, including any implied warranties, are valid only for the period of time the Mattress is owned by the original purchaser of the Mattress. The “original purchaser,” for the purposes of this Mattress Warranty, is the first purchaser of the Mattress from CMF or a CMF authorized retailer. Please retain a copy of your receipt as proof of purchase. All CMF limited warranties are not transferable.

 

C. CMF limited Mattress Warranty and responsibilities
 

CMF warrants the Mattress in its original packaging sold to you against the defects in material and workmanship set forth below (“Defects”) for a period of 10 years from the time your Mattress is purchased by you, when the Mattress is used normally for its intended purposes in the home and on a bed base that is structurally capable of supporting the weight of the Mattress and user(s).

Notwithstanding the foregoing, with respect to Trade Customers only, the limited warranty period shall be 3 years.

 

D. What this limited Mattress Warranty covers


This limited Mattress Warranty applies to the following Defects:
 

  • Deterioration causing the Mattress to have a visible indentation greater than one and a half (1.5) inches that is not associated with an indentation or sag which results from use of an improper or unsupportive foundation or adjustable bed base. Normal wear requires that a 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 and foundation.

  • Any physical flaw in the Mattress that causes the foam material to split or crack, despite normal usage and proper handling.

  • Any manufacturing defect in the zipper assembly of the Mattress Cover.
     

This limited Mattress Warranty does not cover the following:
 

  • A normal increase in softness of the foam pressure-relieving material which does not affect the pressure-relieving qualities of the Mattress.

  • Comfort preference.

  • Physical abuse or damage to the structure and/or cover material, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the defect is caused by such abuse or damage.

  • Damage caused by commercial use, such as in a hotel or store – unless you are a Trade Customer.

  • Any mattress (whether manufactured by CMF or not) sold by resellers who are not authorized retailers.

  • Mattresses sold “as-is”, “preconditioned”, “reconditioned”, “used”, “comfort return”, “returned”, “previously owned”, or any other similar wording indicating that the Mattress is not “new” or of “first quality”, or has previously been purchased or used by another consumer.
     

In the event of a Defect, CMF sole and exclusive liability and your sole remedy under this limited Mattress Warranty will be, at CMF option, to provide a repaired or replacement Mattress or Mattress Cover, subject to your fulfillment of “Your Responsibilities” below. Replacement Mattress Covers may be provided in a color different from the Mattress Cover you originally purchased.

 

E. Your responsibilities
 

In the event of a Defect and in order to get the benefit of this limited Mattress Warranty, you must return your Mattresses or Mattress Cover to CMF and provide CMF with proof of the original date of purchase. Should shipping costs be required to return your Mattress, you will not be responsible for those costs.
 

Evidence of a Defect and any claims must be sent to the address set forth at the end of this limited Mattress Warranty.
 

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

CMF will repair or replace (as applicable) and ship your Mattress or Upgrade Mattress back to you.
 

Replaced or repaired Mattresses are subject to the same limited Mattress Warranty as the original Mattress. If you obtain a replaced or repaired Mattress, the warranty term of the replaced or repaired Mattress begins from the date of purchase of the original Mattress. If you purchase an Upgrade Mattress, a new warranty term will begin upon the purchase of the Upgrade Mattress.

 

F. Disclaimer, limitation on liability
 

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MATTRESS IS PROVIDED “AS IS” AND THIS WARRANTY AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
 

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
 

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

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

 

G. Arbitration
 

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

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

Arbitration will take place in North Carolina.
 

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

 

H. Governing law
 

This limited Mattress Warranty will be governed by the laws of the State of North Carolina.

 

I. Warrantor
 

Custom Mattress Factory Inc.

Conover, NC 28613
support@custommattressfactory.com




1 Year Limited Sheets Warranty
 

Your new Custom Sheets are covered by a 1 year limited warranty (the "Sheets Warranty"). This limited Sheets Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

 

A. Products covered by this limited Sheets Warranty
 

This limited Sheets Warranty extends to Sheets manufactured by CMF, purchased directly from CMF or CMF authorized retailers, and located in the United States (not including US territories) or Canada (the “Sheets”).

 

B. Who this Sheets Warranty extends to


This limited Sheets Warranty extends to the original purchaser of any Sheets who is located in the United States (not including US territories) or Canada. The limited Sheets warranty does not extend to customers who purchased their Sheets through CMF trade program and use those Sheets for commercial purposes (for example, in a hotel or store).
 

All CMF warranties, including any implied warranties, are valid only for the period of time the Sheets is owned by the original purchaser of the Sheets. The “original purchaser,” for the purposes of this Sheets Warranty, is the first purchaser of the Sheets from CMF or a CMF authorized retailer. Please retain a copy of your receipt as proof of purchase. All CMF limited warranties are not transferable.

 

C. CMF limited Sheets Warranty and responsibilities
 

CMF warrants the Sheets in its original packaging sold to you against defects in material and workmanship set forth below (“Defects”) for a period of 1 year from the time your Sheets are purchased by you, when the Sheets are used normally for their intended purposes in the home.

 

D. What this limited Sheets Warranty covers
 

This limited Sheets Warranty applies to Defects due to faulty workmanship or materials, subject to the limitations described in this warranty.
 

This limited Sheets Warranty does not cover the following:
 

  • Normal wear and tear as a result of washing and intended use.

  • Comfort preference.

  • Physical abuse or damage to the Sheets, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the defect is caused by such abuse or damage.

  • Damage caused by commercial use, such as in a hotel or store.

  • Any Sheets (whether manufactured by CMF or not) sold by resellers who are not authorized retailers.
     

In the event of a Defect, CMF sole and exclusive liability and your sole remedy under this limited Sheets Warranty will be, at CMF option, to provide a replacement Sheets, subject to your fulfillment of “Your Responsibilities” below.

 

E. Your responsibilities
 

In the event of a Defect and in order to get the benefit of this limited Sheets Warranty, you must return your Sheets to CMF and provide CMF with proof of the original date of purchase. Should shipping costs be required to return your Sheets, you will not be responsible for those costs. Evidence of a Defect and any claims must be sent to the address set forth at the end of this limited Sheets Warranty. In the event of a Defect, CMf will ship replacement sheets (if applicable) to you.
 

Replacement Sheets are subject to the same limited Sheets Warranty as the original Sheets. If you obtain replacement Sheets, the warranty term of the replaced Sheets begins from the date of purchase of the original Sheets.



F. Disclaimer, limitation on liability


TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SHEETS ARE PROVIDED “AS IS” AND THIS LIMITED SHEETS WARRANTY AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
 

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
 

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

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



G. Arbitration


In the event a dispute arises between you and CMF arising out of this Limited Sheets Warranty, such dispute will be determined and settled by binding arbitration between the parties, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). More information about the AAA is located at www.adr.org, or you can call the AAA at 1-800-778-7879.
You must seek arbitration for disputes arising out of this Limited Sheets Warranty prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act. If you choose to pursue any rights and remedies that are not created by Title I of the Magnuson Moss Warranty Act, then arbitration is not required.
 

Arbitration will take place in North Carolina.


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

 

H. Governing law
 

This limited Sheets Warranty will be governed by the laws of the State of North Carolina.



I. Warrantor


Custom Mattress Factory Inc.
Conover, NC 28613
support@custommattressfactory.com

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1 Year Limited Protector Warranty

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Your new CMF Protector is covered by a 1 year limited warranty (the “Protector Warranty”). This limited Protector Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.



A. Products covered by this limited Protector Warranty

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This limited Protector Warranty extends to Protectors manufactured by CMF, purchased directly from CMF or CMF authorized retailers, and and located in the United States (not including US territories) or Canada (the “Protectors”).



B. Who this Protector Warranty extends to

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This limited Protector Warranty extends to the original purchaser of any Protector who is located in the United States (not including US territories) or Canada. This limited Protector Warranty does not extend to customers who purchased their Protectors through CMF trade program and use those Protectors for commercial purposes (for example, in a hotel or store).

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All CMF warranties, including any implied warranties, are valid only for the period of time the Protector is owned by the original purchaser of the Protector. The “original purchaser,” for the purposes of this Protector Warranty, is the first purchaser of the Protector from CMF or a CMF authorized retailer. Please retain a copy of your receipt as proof of purchase. All CMF limited warranties are not transferable.

 

C. Limited Protector Warranty and responsibilities

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CMF warrants the Protector in its original packaging sold to you against the defects in material and workmanship set forth below (“Defects”) for a period of 1 year from the time your Protector are purchased by you, when the Protector are used normally for their intended purposes in the home.

 

D. What this limited Protector Warranty covers

​

This limited Protector Warranty applies to Defects due to faulty workmanship or materials, subject to the limitations described in this warranty.

​

This limited Protector Warranty does not cover the following:

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  • Normal wear and tear as a result of washing and intended use.

  • Comfort preference.

  • Physical abuse or damage to the Protector, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the defect is caused by such abuse or damage.

  • Damage caused by commercial use, such as in a hotel or store.

  • Any Protector (whether manufactured by CMF or not) sold by resellers who are not authorized retailers.

  • ​

In the event of a Defect, CMF sole and exclusive liability and your sole remedy under this limited Protector Warranty will be, at CMF option, to provide a replacement Protector, subject to your fulfillment of “Your Responsibilities” below.



E. Your responsibilities

​

In the event of a Defect and in order to get the benefit of this limited Protector Warranty, you must return your Protector to CMF and provide CMF with proof of the original date of purchase. Should shipping costs be required to return your Protector, you will not be responsible for those costs. Evidence of a Defect and any claims must be sent to the address set forth at the end of this limited Protector Warranty. In the event of a Defect, CMF will ship a replacement Protector to you.

​

A replaced Protector is subject to the same limited Protector Warranty as the original Protector. If you obtain replacement Protector, the warranty term of the replaced Protector begins from the date of purchase of the original Protector.



F. Disclaimer, limitation on liability
 

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PROTECTOR ARE PROVIDED “AS IS” AND THIS LIMITED PROTECTOR WARRANTY AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

​

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

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

​

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



G. Arbitration
 

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

​

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

Arbitration will take place in North Carolina.

​

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

​

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H. Governing law


This limited Protector Warranty will be governed by the laws of the State of North Carolina.

 

 

I. Warrantor

​

Custom Mattress Factory Inc.

Conover, NC 28613
support@custommattressfactory.com

​

​

​

 

2 Year Limited Furniture Warranty

​

Your new CMF furniture is covered by a 2 year limited warranty (the “Furniture Warranty”). This limited Furniture Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.



A. Products covered by this limited Furniture warranty

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This limited Furniture Warranty extends to any Platform Bedframe, Headboard, or Upholstered Bedframe manufactured by CMF, purchased directly from CMF or CMF authorized retailers, and located in the United States (not including US territories) or Canada (each, “Furniture””).



B. Who this limited Furniture Warranty extends to

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This limited Furniture Warranty extends to the original purchaser of Furniture who is located in the United States (not including US territories) or Canada. Customers who purchased their Furniture through CMF trade program and use that Furniture for commercial purposes (for example, in a hotel or store) are “Trade Customers.”

​

All CMF warranties, including any implied warranties, are valid only for the period of time the Furniture is owned by the original purchaser. The “original purchaser,” for the purposes of this Furniture Warranty, is the first purchaser of the Furniture from CMF or a CMF authorized retailer. Please retain a copy of your receipt as proof of purchase. All CMF limited warranties are not transferable.



C. Limited Furniture Warranty and responsibilities

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CMF warrants the Furniture in its original packaging sold to you against the defects in material and workmanship set forth below (“Defects”) for a period of 2 years from the time you purchased your Furniture, provided that during that time, the Furniture is used normally for its intended purposes in the home.

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Notwithstanding the foregoing, with respect to Trade Customers only, the limited warranty period shall be three years.



D. What this limited Furniture Warranty covers

 

This limited Furniture Warranty applies to Defects due to faulty workmanship or materials, subject to the limitations described in this warranty.

​

This limited Furniture Warranty does not cover the following:

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  • Damage caused by physical abuse, negligence, improper installation or misuse. With respect to Foundation, the foregoing includes but is not limited to structural or visual damage from using an improper bed frame or placing Foundation on the floor.

  • Normal wear and tear as a result of spot cleaning or intended use.

  • Damage caused by commercial use, such as in a hotel or store – unless you are a Trade Customer.

  • Damage caused by Acts of God or other natural forces.

  • Replacement of any non-defective pieces of the Furniture (for example, if one component of Furniture is defective, then we will replace the defective component only).

  • Any Furniture sold by resellers who are not authorized retailers of CMF Furniture.
     

In the event of a Defect, CMF sole and exclusive liability and your sole remedy under this limited Furniture Warranty will be, at CMF option, to provide a replacement Furniture, subject to your fulfillment of “Your Responsibilities” below.



E. Your responsibilities

​

In the event of a Defect and in order to get the benefit of this limited Furniture Warranty, you must return your Furniture to CMF and provide CMF with proof of the original date of purchase. Should shipping costs be required to return your Furniture, you will not be responsible for those costs. Evidence of a Defect and any claims must be sent to the address set forth at the end of this limited Furniture Warranty. In the event of a Defect, CMF will ship a replacement Furniture to you.

​

Replaced Furniture is subject to the same limited Furniture Warranty as the original Furniture. If you obtain replacement Furniture, the warranty term of the replaced Furniture begins from the date of purchase of the original Furniture.



F. Disclaimer, limitation on liability

​

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

​

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

​

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



G. Arbitration

​

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

​

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

Arbitration will take place in North Carolina.

​

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



H. Governing law

​

This limited Furniture Warranty will be governed by the laws of the State of North Carolina.



I. Warrantor

 

Custom Mattress Factory Inc.

Conover, NC 28613
support@custommattressfactory.com

Sheets Warranty
MP Warranty
Furniture Warranty
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