Pacific Mattresses are built with great durability and are backed by our 10 year, non-prorated Limited Warranty which is part of our Terms and Conditions and gives you specific legal rights. You may have other rights, as well, which vary from state to state.
What Items are Covered
This Limited Warranty covers only mattresses manufactured by Rest Easy, LLC dba Pacific Mattress Co. (“Pacific”) and sold directly by Pacific or a Pacific authorized retailer (“Mattress” or “Mattresses”) including, in some cases, the cover sold with the Mattress (“Mattress Cover”). Pacific Mattresses are intended to work on a firm, solid-surface or other bed base which is structurally capable of supporting the weight of both the Mattress and the user or users, i.e. slatted bases with gaps no larger than 3 inches are usually sufficient, but heavier users may require smaller gaps-firm, solid-surface is safest. This Limited Warranty does not cover your Mattress if you use it in any manner not compatible with this intended design. Please contact us at firstname.lastname@example.org if you have any questions about whether your foundation or bed base is adequate. Additionally, due to international shipping and logistic costs your Mattress must be located within the United States for the Limited Warranty to be in effect.
Who is Covered
This Limited Warranty covers only the original purchaser of a Mattress and is not transferable. This Limited Warranty is in effect only during the period of time the Mattress is owned and controlled by the original purchaser. Please keep a copy of your purchase receipt to present to us, if necessary, as proof of purchase.
What Issues are Covered
This Limited Warranty covers the following defects in material and workmanship for a period of 10 years from the day your Mattress is purchased provided your Mattress has been used for its intended purpose and has not been mishandled or exposed to any conditions which are likely to cause damage or deterioration beyond normal wear.
- A visible and measureable indentation or sag which is greater than three quarters (3/4) of an inch in the surface of the Mattress. This indentation must be visible when no weight is applied to the top of the Mattress. Normal wear requires that your Mattress be continuously supported by a proper foundation or bed base structurally capable of supporting the weight of both your Mattress and any user(s).
- Any physical defect in the foam material which causes it to split or crack provided your Mattress has only been exposed to normal use and proper handling.
- Any manufacturing defect in the Mattress Cover which causes zipper assembly malfunction, unraveling stitching or fabric tearing.
What Issues are Not Covered
The following are specifically excluded from coverage under this Limited Warranty.
- Any changes to your Mattress resulting from normal wear and/or use, i.e. normal softening of the foam layers over time.
- Any minor imperfections or slight cosmetic flaws which do not prevent a reasonable person from intended enjoyment and use, i.e. corners not being perfectly shaped, zippers and/or surfaces not perfectly even, minor loose threads.
- Any personalized sensitivities including, but not limited to comfort preference, individual allergies or naturally occurring fabric or foam aromas.
- Any replacement of any non-defective component(s), i.e. if only the Mattress Cover is defective this Limited Warranty will only cover the Mattress Cover and not the rest of the Mattress.
- Any Mattress purchased from resellers who are not authorized retailers.
- Any Mattress sold as “floor model,” “as-is,” “refurbished,” “used,” “previously owned,” “comfort return” or any other wording indicating the Mattress is not “new” or has been previously owned or used.
Additionally any signs of abuse or misuse will void this Limited Warranty including, but not limited to burns, tears, cuts, any unsanitary conditions, soiling, stains, liquid damage, dampness, mold, improper storage or improper foundation or bed base which is structurally incapable of supporting the weight of both the Mattress and any user(s).
What Pacific Will Do
We will repair or replace, at our sole discretion, either the defective Mattress or the defective component(s) of the Mattress. If a manufacturing defect occurs in a component of the Mattress, i.e. the Mattress Cover, we may choose to repair or replace only the component rather than the entire Mattress. When replacing either the Mattress or component(s) we will replace with the style, color, version or model which is available at the time of replacement. This may vary or be different in certain aspects than the original Mattress or component(s). Should you choose to replace a defective Mattress with a more expensive Mattress you will be required to pay the difference in price between the original Mattress and the more expensive Mattress. Any repair or replacement under this Limited Warranty will not extend the original period of Limited Warranty, i.e. it will not establish the beginning of a new Limited Warranty period. Your original 10 year Limited Warranty shall remain in effect from your original purchase date.
Rights Under State Law
As some states do not allow exclusions and/or limitations of incidental or consequential damages in relation to the sale of consumer products any such limitations and/or exclusions above may not apply to you.
No Specific Health Claims
We make no individually specific medical or health claims regarding our Mattresses. No discomforts, allergies or any other health conditions or issues are covered under this Limited Warranty. For any specific questions or concerns regarding health conditions or issues please contact a licensed physician.
If you wish to make a claim under this Limited Warranty please email us at email@example.com. Please include a written description and photo, if applicable, of the problem or issue that you believe is covered by this Limited Warranty and your proof of purchase. It is at our sole discretion to require additional information, photos and/or physically inspect your Mattress before honoring any claim under this Limited Warranty. Failure to comply with any of these requirements may void your Limited Warranty.
Limitation on Liability
UNDER THE MAXIMUM EXTENT PERMITTED BY ALL APPLICABLE LAW, PACIFIC AND OUR AFFILIATES, AUTHORIZED DEALERS, AND/OR VENDORS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS, STATUTORY OR IMPLIED, BEYOND THOSE STATED IN THIS LIMITED WARRANTY AND ANY NON-PUFFERY CLAIMS MADE IN OUR AUTHORIZED MARKETING MATERIALS. EACH OF THESE ENTITIES DISCLAIMS ANY AND ALL SUCH WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, AUTHORIZED DEALERS AND/OR VENDORS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, BASED ON, OR RESULTING FROM YOUR OR ANY OTHER THIRD PARTY’S PURCHASE AND/OR USE OF THE MATTRESS, EVEN IN SUCH CASE AS WE OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW THESE LIMITATIONS AND EXCLUSIONS SHALL APPLY WITHOUT REGARD TO WHETHER SUCH DAMAGES ARISE FROM EITHER BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, AND/OR ANY OTHER CAUSE OF ACTION. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, WARRANTIES OR CONDITIONS THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO INSTANCE SHALL PACIFIC’S LIABILITY EXCEED THE ORIGINAL PURCHASE PRICE PAID FOR THE MATTRESS TO WHICH ANY SUCH LIABILITY HAS ARISEN
This Warranty is governed by the laws of the State of California. If any dispute shall arise between you and Pacific relating to this Limited Warranty such dispute will be resolved by binding arbitration between you and Pacific in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). More information about AAA can be found at www.adr.org or at 1-800-778-7879. You must submit to arbitration for any disputes arising out of this Limited Warranty before exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act and/or any state law relating to consumer product warranties. If you choose to pursue any rights and/or remedies that are not created by Title I of the Magnuson Moss Warranty Act then arbitration in these cases is not required.
Any arbitration arising out of or relating to this Limited Warranty shall take place in Los Angeles, California. Such arbitration will not be combined with any other proceeding or arbitration against any of the involved parties. Up to the maximum extent permitted by applicable law you will not be permitted to assert any claims in the capacity as a representative of a class of consumers or to otherwise represent the interests of any other additional person, either as a private attorney general or otherwise, in any such arbitration. You shall be permitted to assert only your own, individual claims in any such arbitration. 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. Absent 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. Any 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.
Rest Easy, LLC dba Pacific Mattress Co.
Los Angeles, CA 90015