Products Covered by This Limited Warranty.

This limited warranty extends to mattresses manufactured by Helix Sleep, Inc. ("Helix") and purchased directly from Helix or Helix's authorized retailers (the "Mattresses”). This limited warranty includes both the Helix Standard Mattress (“Standard Mattress”) and the Helix LUXE Mattress (“LUXE Mattress”), which collectively will be referred to as Mattresses (plural) or Mattress (singular) unless otherwise noted. Some parts of this limited warranty also extend to covers sold with Mattresses ("Mattress Covers"). 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).

Who This Warranty Extends To.

This limited warranty extends to the original purchaser of any Mattress. All Helix 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 warranty, is the first purchaser of the Mattress from Helix or a Helix authorized retailer. PLEASE RETAIN A COPY OF YOUR RECEIPT AS PROOF OF PURCHASE. All Helix limited warranties are not transferable.

Helix's Limited Warranty and Responsibilities.

Helix warrants the Standard 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 Standard Mattress is purchased by you, when the Standard Mattress is used normally for its intended purposes.

Helix warrants the LUXE Mattress in its original packaging sold to you against the defects in material and workmanship set forth below ("Defects") for a period of 15 years from the time your LUXE Mattress is purchased by you, when the LUXE Mattress is used normally for its intended purposes.

What This Limited Warranty Covers.

This limited warranty applies to the following Defects in your Mattress:

Deterioration causing the Mattress to have a visible indentation greater than one (1) inch 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 or spring material to split or crack, despite normal usage and proper handling.

Any manufacturing defect in the assembly of the Mattress Cover.

This limited 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 beyond the 100 day risk free trial period.

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.

Replacement of any non-defective pieces in the Helix sleep system (for example, if you purchase a mattress with multiple components and only one component is defective, then we will only replace the defective component).

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

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, Helix's sole and exclusive liability and your sole remedy under this limited warranty will be, at Helix's option, to provide a repaired or replacement Mattress or Mattress Cover of similar or greater value, 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. Replacement Mattress may be a different model than you originally purchased.

Your Responsibilities.

In the event of a Defect and in order to get the benefit of this limited warranty, you must return your Mattresses or Mattress Cover to Helix at your cost and provide Helix with proof of the original date of purchase. You are responsible for all shipping and transportation costs associated with replacing or repairing a Mattress or Mattress Cover. In the event that the Mattress is proven to have a Defect, Helix will reimburse you for shipping costs up to one hundred (100) dollars. Mattresses and Mattress Covers must be sent to the address set forth at the end of this limited warranty.

Helix will repair or replace (as applicable) and ship your Mattress or Upgrade Mattress back to you within 90 days of receiving your original Mattress.

Replaced or repaired Mattresses that are not Upgrade Mattresses are subject to the same limited warranty as the original Mattress. For example, if your obtain a replaced or repaired Mattress that is the same style and price as the original Mattress, then 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, then you obtain a new limited warranty, and the warranty term will begin upon the purchase of the Upgrade Mattress.

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 WARRANTY, IN NO EVENT WILL HELIX OR ITS SUPPLIERS BE LIABLE FOR OR 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 HELIX HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. HELIX'S 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.

Arbitration.

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

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

Arbitration will take place in New York, New York.

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

Governing Law.

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

Warrantor.

Helix Sleep, Inc.

1123 Broadway, #600

New York, NY 10010

info@helixsleep.com

Products Covered by This Limited Warranty.

This limited warranty extends to foundations manufactured by Helix Sleep, Inc. ("Helix") and purchased directly from Helix or Helix's authorized retailers (the "Foundation"). Foundations are designed to work on normal bed frames.

Who This Warranty Extends To.

This limited warranty extends to the original purchaser of any Foundation. All Helix warranties, including any implied warranties, are valid only for the period of time the Foundation is owned by the original purchaser of the Foundation. The "original purchaser," for the purposes of this warranty, is the first purchaser of the Foundation from Helix or a Helix authorized retailer. PLEASE RETAIN A COPY OF YOUR RECEIPT AS PROOF OF PURCHASE. All Helix limited warranties are not transferable.

Helix's Limited Warranty and Responsibilities.

Helix warrants the Foundation in its original packaging sold to you against the defects in material and workmanship set forth below ("Defects") for a period of 5 years from the time your Foundation is purchased by you, when the Foundation is used normally for its intended purposes.

What This Limited Warranty Covers.

This limited warranty applies to the following Defects:

Any manufacturing defect in the assembly of the Foundation, including warped wood, missing components, large rips, or broken hinges. Helix reserves the sole final decision if a perceived manufacturing defect falls under this warranty policy.

This limited warranty does not cover the following:

Comfort preference beyond the 100 day risk free trial period.

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

Replacement of any non-defective pieces in the Helix sleep system (for example, if you purchase a Foundation with multiple components and only one component is defective, then we will only replace the defective component).

Any Foundation (whether manufactured by Helix or not) sold by resellers who are not authorized retailers of Helix.

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

In the event of a Defect, Helix's sole and exclusive liability and your sole remedy under this limited warranty will be, at Helix's option, to provide a repaired or replacement Foundation of similar or greater value, subject to your fulfillment of "Your Responsibilities" below.

Your Responsibilities.

In the event of a Defect and in order to get the benefit of this limited warranty, you must return your Foundation to Helix at your cost and provide Helix with proof of the original date of purchase. You are responsible for all shipping and transportation costs associated with replacing or repairing a Foundation. In the event that the Foundation is proven to have a Defect, Helix will reimburse you for shipping costs up to one hundred (100) dollars. Foundations must be sent to the address set forth at the end of this limited warranty.

Helix will repair or replace (as applicable) and ship your Foundation back to you within 90 days of receiving your original Foundation.

Replaced or repaired Foundations are subject to the same limited warranty as the original Foundation. For example, if your obtain a replaced or repaired Foundation that is the same style and price as the original Foundation, then the warranty term of the replaced or repaired Foundation begins from the date of purchase of the original Foundation.

Disclaimer, Limitation on Liability.

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE FOUNDATION 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 WARRANTY, IN NO EVENT WILL HELIX OR ITS SUPPLIERS BE LIABLE FOR OR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE FOUNDATION 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 HELIX HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. HELIX'S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE FOUNDATION 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.

Arbitration.

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

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

Arbitration will take place in New York, New York.

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

Governing Law.

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

Warrantor.

Helix Sleep, Inc.

1123 Broadway, #600

New York, NY 10010

info@helixsleep.com

Products Covered by This Limited Warranty.

This limited warranty extends to mattress protectors manufactured by Helix Sleep, Inc. ("Helix") and purchased directly from Helix or Helix's authorized retailers (the "Protectors"). Protectors are designed to work on Helix mattresses.

Who This Warranty Extends To.

This limited warranty extends to the original purchaser of any Protector. All Helix 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 warranty, is the first purchaser of the Protector from Helix or a Helix authorized retailer. PLEASE RETAIN A COPY OF YOUR RECEIPT AS PROOF OF PURCHASE. All Helix limited warranties are not transferable.

Helix's Limited Warranty and Responsibilities.

Helix 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 is purchased by you, when the Protector is used normally for its intended purposes.

What This Limited Warranty Covers.

This limited warranty applies to the following Defects:  

Any manufacturing defect in the assembly of the Protector, including rips, tears, pre-existing stains, missing threads or other components (such as elastic), or waterproofing not working within normal use.

This limited warranty does not cover the following:  

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

Comfort preference.

Gradual soiling, defined as gradual buildup of dirt, dust, body oils, and perspiration which cannot be attributed to a single occurrence.

Damage to the material, including but not limited to, burns, cuts, tears, or stains; provided, that the Defect is caused by such user damage. 
Replacement of any non-defective pieces in the Helix sleep system (for example, if you purchase a Protector with multiple components and only one component is defective, then we will only replace the defective component). 
Any products damaged or effected due to a Protector defect.

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

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

In the event of a Defect, Helix's sole and exclusive liability and your sole remedy under this limited warranty will be, at Helix's option, to provide a replacement Protector of similar or greater value, subject to your fulfillment of "Your Responsibilities" below.

Your Responsibilities.

All fabrics are subject to general soiling and this Protector Warranty does not eliminate the need for routine care and washing, defined as minimum one washing per month.

In the event of a Defect and in order to get the benefit of this limited warranty, you must return your Protector to Helix within five (5) days of registering the claim, at your cost, and provide Helix with proof of the original date of purchase. You are responsible for all shipping and transportation costs associated with replacing or repairing a Protector. In the event that the Protector is proven to have a Defect, Helix will reimburse you for shipping costs up to thirty (30) dollars. Protector must be sent to the address set forth at the end of this limited warranty. Helix will replace and ship your Protector back to you.

Replaced or repaired Protectors are subject to the same limited warranty as the original Protector. For example, if your obtain a replaced or repaired Protector that is the same style and price as the original Protector, then the warranty term of the replaced or repaired Protector begins from the date of purchase of the original Protector.

Disclaimer, Limitation on Liability.

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PROTECTOR 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 WARRANTY, IN NO EVENT WILL HELIX OR ITS SUPPLIERS BE LIABLE FOR OR 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 HELIX HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. HELIX'S 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.

Arbitration.

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

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

Arbitration will take place in New York, New York.  

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

1. 
   Governing Law.

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

   Warrantor.

   Helix Sleep, Inc.

   1123 Broadway, #600

   New York, NY 10010

   info@helixsleep.com

Products Covered by This Limited Warranty.

This limited warranty extends to bed frames manufactured by Helix Sleep, Inc. ("Helix") and purchased directly from Helix or Helix's authorized retailers (the "Bed Frame"). Bed Frames are designed to work with Helix mattresses.

Who This Warranty Extends To.

This limited warranty extends to the original purchaser of any Bed Frame. All Helix warranties, including any implied warranties, are valid only for the period of time the Bed Frame is owned by the original purchaser of the Bed Frame. The "original purchaser," for the purposes of this warranty, is the first purchaser of the Bed Frame from Helix or a Helix authorized retailer. PLEASE RETAIN A COPY OF YOUR RECEIPT AS PROOF OF PURCHASE. All Helix limited warranties are not transferable.

Helix's Limited Warranty and Responsibilities.

Helix warrants the Bed Frame will at the time of purchase be free from defects in material and workmanship set forth below ("Defects") for a period of 5 years from the time your Bed Frame is purchased by you, when the Bed Frame is used normally for its intended purposes.

What This Limited Warranty Covers.

This limited warranty applies to the following Defects:

Any manufacturing defect in the assembly of the Bed Frame, including rips, tears, pre-existing warping, missing components, or broken hinges.

This limited warranty does not cover the following:

Abuse, negligence, improper installation, or misuse.

Comfort preferences.

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

Replacement of any non-defective pieces in the Helix sleep system (for example, if you purchase a Bed Frame with multiple components and only one component is defective, then we will only replace the defective component).

Any Bed Frame (whether manufactured by Helix or not) sold by resellers who are not authorized retailers of Helix.

Bed Frames sold "as-is", "preconditioned", "reconditioned", "used", "comfort return", "returned", "previously owned", or any other similar wording indicating that the Bed Frame is not "new" or of "first quality", or has previously been purchased or used by another consumer.

In the event of a Defect, Helix's sole and exclusive liability and your sole remedy under this limited warranty will be, at Helix's option, to provide a replacement Bed Frame of similar or greater value, subject to your fulfillment of "Your Responsibilities" below.

Your Responsibilities.

In the event of a Defect and in order to get the benefit of this limited warranty, you must return your Bed Frame to Helix within five (5) days of registering the claim, at your cost, and provide Helix with proof of the original date of purchase. You are responsible for all shipping and transportation costs associated with replacing or repairing a Bed Frame. In the event that the Bed Frame is proven to have a Defect, Helix will reimburse you for shipping costs up to thirty (30) dollars. Bed Frame must be sent to the address set forth at the end of this limited warranty. Helix will replace and ship your Bed Frame back to you.



Replaced or repaired Bed Frames are subject to the same limited warranty as the original Bed Frame. For example, if your obtain a replaced or repaired Bed Frame that is the same style and price as the original Bed Frame, then the warranty term of the replaced or repaired Bed Frame begins from the date of purchase of the original Bed Frame.

Disclaimer, Limitation on Liability.

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE BED FRAME 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 WARRANTY, IN NO EVENT WILL HELIX OR ITS SUPPLIERS BE LIABLE FOR OR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE BED FRAME 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 HELIX HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. HELIX'S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE BED FRAME 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.

Arbitration.

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

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

Arbitration will take place in New York, New York.

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

Governing Law.

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

Warrantor.

Helix Sleep, Inc.

1123 Broadway, #600

New York, NY 10010

info@helixsleep.com

Products Covered by This Limited Warranty.

This limited warranty extends to pillows manufactured by Helix Sleep, Inc. ("Helix") and purchased directly from Helix or Helix's authorized retailers (the "Pillows"). Pillows are designed to work on any mattress.

Who This Warranty Extends To.

This limited warranty extends to the original purchaser of any Pillow. All Helix warranties, including any implied warranties, are valid only for the period of time the Pillow is owned by the original purchaser of the Pillow. The "original purchaser," for the purposes of this warranty, is the first purchaser of the Pillow from Helix or a Helix authorized retailer. PLEASE RETAIN A COPY OF YOUR RECEIPT AS PROOF OF PURCHASE. All Helix limited warranties are not transferable.

Helix's Limited Warranty and Responsibilities.

Helix warrants the Pillow will at the time of purchase be free from defects in material and workmanship set forth below ("Defects") for a period of 3 years from the time your Pillow is purchased by you, when the Pillow is used normally for its intended purposes.

What This Limited Warranty Covers.

This limited warranty applies to the following Defects:

Any manufacturing defect in the assembly of the Pillow due to faulty workmanship or materials, including rips, tears, or stains.

This limited warranty does not cover the following:

Normal increases in softening and settling of materials in either the outer shell or inserts, or any other normal wear and tear.

Comfort preferences.

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

Any Pillow (whether manufactured by Helix or not) sold by resellers who are not authorized retailers of Helix.

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

In the event of a Defect, Helix's sole and exclusive liability and your sole remedy under this limited warranty will be, at Helix's option, to provide a replacement Pillow of similar or greater value, subject to your fulfillment of "Your Responsibilities" below.

Your Responsibilities.

In the event of a Defect and in order to get the benefit of this limited warranty, you must return your Pillow to Helix within five (5) days of registering the claim, at your cost, and provide Helix with proof of the original date of purchase. You are responsible for all shipping and transportation costs associated with replacing a Pillow. In the event that the Pillow is proven to have a Defect, Helix will reimburse you for shipping costs up to thirty (30) dollars. Pillow must be sent to the address set forth at the end of this limited warranty. Helix will replace and ship your Pillow back to you.

Replaced Pillows are subject to the same limited warranty as the original Pillow. For example, if your obtain a replaced or repaired Pillow that is the same style and price as the original Pillow, then the warranty term of the replaced or repaired Pillow begins from the date of purchase of the original Pillow.

Disclaimer, Limitation on Liability.

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

Arbitration.

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

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

Arbitration will take place in New York, New York.

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

Governing Law.

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

Warrantor.

Helix Sleep, Inc.

1123 Broadway, #600

New York, NY 10010

info@helixsleep.com

Products Covered by This Limited Warranty.

This limited warranty extends to sheet sets manufactured by Helix Sleep, Inc. ("Helix") and purchased directly from Helix or Helix's authorized retailers (the "Sheets"). Sheets are designed to work on any mattress.

Who This Warranty Extends To.

This limited warranty extends to the original purchaser of any Sheets. All Helix warranties, including any implied warranties, are valid only for the period of time the Sheets are owned by the original purchaser of the Sheets. The "original purchaser," for the purposes of this warranty, is the first purchaser of the Sheets from Helix or a Helix authorized retailer. PLEASE RETAIN A COPY OF YOUR RECEIPT AS PROOF OF PURCHASE. All Helix limited warranties are not transferable.

Helix's Limited Warranty and Responsibilities.

Helix warrants the Sheets will at the time of purchase be free from defects in material and workmanship set forth below ("Defects") for a period of 3 years from the time your Sheets are purchased by you, when the Sheets are used normally for their intended purposes.

What This Limited Warranty Covers.

This limited warranty applies to the following Defects:  

Any manufacturing of the Sheets due to faulty workmanship or materials, including rips, tears, or stains.

This limited warranty does not cover the following:  

Wear and tear.

Misuse, abuse, or improper maintenance.

Stains, cuts, tears, liquid damage.

Alteration or repair by unauthorized representatives.

Damage resulting from transit or handing.

Comfort or feel preferences.

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

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

In the event of a Defect, Helix's sole and exclusive liability and your sole remedy under this limited warranty will be, at Helix's option, to provide replacement Sheets of similar or greater value, subject to your fulfillment of "Your Responsibilities" below.

Your Responsibilities.

In the event of a Defect and in order to get the benefit of this limited warranty, you must return your Sheets to Helix within five (5) days of registering the claim, at your cost, and provide Helix with proof of the original date of purchase. You are responsible for all shipping and transportation costs associated with replacing Sheets. In the event that the Sheets are proven to have a Defect, Helix will reimburse you for shipping costs up to thirty (30) dollars. Sheets must be sent to the address set forth at the end of this limited warranty. Helix will replace and ship your Sheets back to you.



Replaced Sheets are subject to the same limited warranty as the original Sheets. For example, if you obtain replaced or repaired Sheets that are the same style and price as the original Sheets, then the warranty term of the replaced or repaired Sheets begins from the date of purchase of the original Sheets.

Disclaimer, Limitation on Liability.

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SHEETS ARE 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 WARRANTY, IN NO EVENT WILL HELIX OR ITS SUPPLIERS BE LIABLE FOR OR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE SHEETS OR THEIR 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 HELIX HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. HELIX'S 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.

Arbitration.

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

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

Arbitration will take place in New York, New York.  

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

Governing Law.

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

Warrantor.

Helix Sleep, Inc.

1123 Broadway, #600

New York, NY 10010

info@helixsleep.com

Products Covered by This Limited Warranty.

This limited warranty extends to adjustable bases manufactured by Helix Sleep, Inc. ("Helix") and purchased directly from Helix or Helix's authorized retailers (the "Adjustable Bases"). This warranty DOES NOT include the mattress. A “replacement part” is a new or used part selected at the sole discretion of the manufacturer, including a refurbished or re-inspected part, provided in replacement of a part previously incorporated in the Adjustable Base.

Who This Warranty Extends To.

This limited warranty extends to the original purchaser of any Adjustable Base. All Helix warranties, including any implied warranties, are valid only for the period of time the Adjustable Base is owned by the original purchaser of the Adjustable Base. The "original purchaser," for the purposes of this warranty, is the first purchaser of the Adjustable Base from Helix or a Helix authorized retailer. PLEASE RETAIN A COPY OF YOUR RECEIPT AS PROOF OF PURCHASE. All Helix limited warranties are not transferable. The Warranty Commencement Date (“Warranty Commencement Date”) means the date at which the Adjustable Base was purchased.

Helix's Limited Warranty and Responsibilities.

Helix warrants this Adjustable Base on the terms and over the reducing periods of time set out below:

1ST YEAR FULL WARRANTY

For the first year from the Warranty Commencement Date, your Adjustable Base is warranted against non-excluded defects in the workmanship or materials. During the first year from the Warranty Commencement Date, Helix will organize manufacturer to repair or replace at no cost to you any defective adjustable base part and will pay all authorized labor and transportation costs associated with the repair of replacement of any parts found to be defective.

2ND & 3RD YEAR LIMITED WARRANTY

During the second and third year from the Warranty Commencement Date, Helix will organize the manufacturer to replace any Adjustable Base part found to be defective and not excluded by this warranty. You are responsible to pay all service and transportation costs related to the costs of receiving installation of the replacement parts.

4TH YEAR TO END OF 25TH YEAR LIMITED WARRANTY

Starting in the fourth year from the Warranty Commencement Date and through to the end of the 25th year from the Warranty Commencement Date, Helix will organize the manufacturer to replace steel and mechanical base parts found to be defective and not excluded by this warranty. This warranty does not cover any electronics, electrical components, drive motors or massage motors. You are responsible to pay all service and transportation costs related to receiving and installation of the replacement part and a portion of the cost of the replacement steel and mechanical part, based on the number of months that the base has been owned by you since the fourth anniversary of the Warranty Commencement Date. By the end of the 25th year, no portion of the replacement cost is covered by Helix. You will be required to pay 1/22nd of the then current replacement cost of the part multiplied by the number of years past the third year from the Warranty Commencement Date. This portion is calculated using the following formula: Cost of the replacement part divided by 22 [being the number of years in years 4 to 25 inclusive], multiplied by the number of years you have owned the base since the end of the first 3 years. For example, if you make a claim for a replacement part eligible for this warranty in the 5th year since the Warranty Commencement Date, you would be responsible for paying: $100 part cost divided by 22, multiplied by 2 = $9.09.

What This Limited Warranty Does Not Cover.

This limited warranty does not cover the following:  

Any damage caused by you.

Any repair or replacement of Adjustable Base parts by unauthorized person.

If the Adjustable Base has been mishandled (whether in transit or by other means), subjected to physical or electrical abuse or misuse, or otherwise operated in any manner inconsistent with the operation and maintenance procedure outlined in the owner's manual and this warranty.

Damage caused to mattresses, fabric, cables, electrical cords or other items.

If there has been any modification of the Adjustable Base without prior written consent.

The cost for unnecessary service calls, including costs for in-home service calls solely for the purpose of educating you about the Adjustable Base or finding a satisfactory power connection.

This warranty will be void if you exceed the recommended weight restriction of 850lbs.

Comfort preferences.

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

Any Adjustable Base (whether manufactured by Helix or not) sold by resellers who are not authorized retailers of Helix.

Adjustable Bases sold "as-is", "preconditioned", "reconditioned", "used", "comfort return", "returned", "previously owned", or any other similar wording indicating that the Adjustable Base is not "new" or of "first quality", or has previously been purchased or used by another consumer.

In the event of a Defect, Helix's sole and exclusive liability described above and your sole remedy under this limited warranty will be subject to your fulfillment of "Your Responsibilities" below.

Please not, any replacement part does not extend the lifespan of your warranty.

Your Responsibilities.

In the event of a Defect and in order to get the benefit of this limited warranty, you must return your Adjustable Base to Helix within five (5) days of registering the claim, at your cost, and provide Helix with proof of the original date of purchase. You are responsible for all shipping and transportation costs associated with replacing a Adjustable Base. In the event that the Adjustable Base is proven to have a Defect, Helix will reimburse you for shipping costs up to thirty (30) dollars. Adjustable Base must be sent to the address set forth at the end of this limited warranty. Helix will replace and ship your Adjustable Base back to you.



Replaced Adjustable Bases are subject to the same limited warranty as the original Adjustable Base. For example, if your obtain a replaced or repaired Adjustable Base that is the same style and price as the original Adjustable Base, then the warranty term of the replaced or repaired Adjustable Base begins from the date of purchase of the original Adjustable Base.

Disclaimer, Limitation on Liability.

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE ADJUSTABLE BASE 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 WARRANTY, IN NO EVENT WILL HELIX OR ITS SUPPLIERS BE LIABLE FOR OR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE ADJUSTABLE BASE 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 HELIX HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. HELIX'S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE ADJUSTABLE BASE 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.

Arbitration.

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

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

Arbitration will take place in New York, New York.  

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

Governing Law.

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

Warrantor.

Helix Sleep, Inc.

1123 Broadway, #600

New York, NY 10010

info@helixsleep.com

Products Covered by This Limited Warranty.

This limited warranty extends to mattress covers manufactured by Helix Sleep, Inc. ("Helix") and purchased directly from Helix or Helix's authorized retailers (the "Covers"). Covers are designed to work on Helix mattresses.

Who This Warranty Extends To.

This limited warranty extends to the original purchaser of any Cover. All Helix warranties, including any implied warranties, are valid only for the period of time the Cover is owned by the original purchaser of the Cover. The "original purchaser," for the purposes of this warranty, is the first purchaser of the Cover from Helix or a Helix authorized retailer. PLEASE RETAIN A COPY OF YOUR RECEIPT AS PROOF OF PURCHASE. All Helix limited warranties are not transferable.

Helix's Limited Warranty and Responsibilities.

Helix warrants the Cover 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 Cover is purchased by you, when the Cover is used normally for its intended purposes. Helix will warrant this Cover through fifteen (15) washes - anything more will void the warranty.

What This Limited Warranty Covers.

This limited warranty applies to the following Defects:

Any manufacturing defect in the assembly of the Cover, including rips, tears, pre-existing stains, missing threads or other components (such as elastic), or the zipper not working within normal use.

This limited warranty does not cover the following:

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

Comfort or feel preference.

Shrinking due to machine washing.

Gradual soiling, defined as gradual buildup of dirt, dust, body oils, and perspiration which cannot be attributed to a single occurrence.

Damage to the material, including but not limited to, burns, cuts, tears, or stains; provided, that the Defect is caused by such user damage.

Replacement of any non-defective pieces in the Helix sleep system (for example, if you purchase a Cover with multiple components and only one component is defective, then we will only replace the defective component).

Any products damaged or effected due to a Cover defect.

Any Cover(whether manufactured by Helix or not) sold by resellers who are not authorized retailers of Helix.

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

In the event of a Defect, Helix’s sole and exclusive liability and your sole remedy under this limited warranty will be, at Helix’s option, to provide a replacement Cover of similar or greater value, subject to your fulfillment of "Your Responsibilities" below.

Your Responsibilities.

All fabrics are subject to general soiling and this Cover Warranty does not eliminate the need for routine care and washing, defined as minimum one washing per month.

In the event of a Defect and in order to get the benefit of this limited warranty, you must return your Cover to Helix within five (5) days of registering the claim, at your cost, and provide Helix with proof of the original date of purchase. You are responsible for all shipping and transportation costs associated with replacing or repairing a Cover. In the event that the Cover is proven to have a Defect, Helix will reimburse you for shipping costs up to thirty (30) dollars. Cover must be sent to the address set forth at the end of this limited warranty. Helix will replace and ship your Cover back to you.

Replaced or repaired Covers are subject to the same limited warranty as the original Cover. For example, if your obtain a replaced or repaired Cover that is the same style and price as the original Cover, then the warranty term of the replaced or repaired Cover begins from the date of purchase of the original Cover.

Disclaimer, Limitation on Liability.

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COVER 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 WARRANTY, IN NO EVENT WILL HELIX OR ITS SUPPLIERS BE LIABLE FOR OR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE COVER 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 HELIX HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. HELIX’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE COVER 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.

Arbitration.

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

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

Arbitration will take place in New York, New York.

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

Governing Law.

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

Warrantor.

Helix Sleep, Inc.

1123 Broadway, #600

New York, NY 10010

info@helixsleep.com