Warranty Policy
MATTRESS
Starting on the date of purchase, your HardAss Mattress, (the “Mattress”) is covered with a 10-year limited warranty (the “Mattress Warranty”). This Mattress Warranty extends to the original purchaser of the Mattress and extends to all mattresses purchased directly from HardAss Beds, or, an approved Retail Experience Partner. The “original purchaser” for the purposes of this Mattress Warranty is the first purchaser of the Mattress from directly from HardAss Bed or an approved Retail Experience Partner. This Mattress Warranty is not transferable and applies only to a mattress purchased from HardAss Beds by the original purchaser. HardAss Beds warrants the Mattress against defects in material and workmanship set forth below (“Defects”) for a period of 10 years. If your Mattress has a defect covered under this Mattress Warranty, HardAss Beds sole and exclusive liability (and your sole remedy under this Mattress Warranty) will be, at HardAss Beds’ option, to provide a replacement Mattress, subject to your fulfillment of your responsibilities as set forth herein. In the event HardAss Beds chooses to replace the Mattress, the replacement will be of the same model and size as the original Mattress purchased. In no event will a substitution model be used as a replacement except in the case of a discontinued mattress; in this event a Mattress of like build and design, at HardAssBeds’ discretion, will be used as a replacement for the defective Mattress.
YOUR RESPONSIBILITIES
The Mattress Warranty begins at the time the Mattress is purchased by the warrantee, when the Mattress is used normally for its intended purposes and on a rigid, solid surface or slatted bed base that is structurally capable of supporting the weight of the Mattress and user(s). A proper bed frame is defined, for the purpose of this Mattress Warranty, as having at least five to six (5-6) leg support for a Queen, King, and California King Mattress, four (4) leg support for Twin and Full Mattresses. For slatted style bed frames, there cannot be greater than five (3) inches between each slat in order to provide ample structural support for the foundation and user(s). Each slat needs to be a minimum of two and a half (2.5) inches wide. In the case of a Mattress that is packaged in a compressed and rolled manner, also referred to as a “bed-in-a-box,” the Mattress Warranty is valid only for product that was opened within thirty (30) days of receiving the Mattress to prevent compression for an extended period of time. A Mattress that is compressed for a prolonged period will have structural damage and/or condensation from being packaged for an extended period of time. HardAss Beds makes no medical or health claims regarding its Mattresses. Allergies, discomfort, or other conditions, are not covered under this Mattress Warranty. Any questions or concerns regarding medical or health conditions should be addressed by a licensed physician. It is recommended that the user rotate the Mattress head-to-toe, once a month for the first six months, then every other month for the life of the Mattress, to ensure even wear. Failure to do so may void this Mattress Warranty. In select events where HardAss Beds approves the issuance of a replacement Mattress, HardAss Beds may ask that you assist in the donation process of the used Mattress to charity to help repurpose the Mattress for someone in need. In that case, you will be required to provide a written receipt or proof of return, disposal or donation of the original, defective Mattress, from a legitimate organization, before any replacement mattress or refunds will be issued. This Mattress Warranty is not transferable and applies only to a mattress purchased from HardAss Beds by the original purchaser.
DEFECTS COVERED UNDER THE MATTRESS WARRANTY:
Any VISIBLE indentation equal or greater than one (1) inch that is NOT associated with or resulting from a faulty, improper or unsupportive foundation, box spring or platform that is not designed or constructed so that it is capable of handling the combined weight of the foundation and its intended users. The indentation must be visible to the naked eye when no weight is applied to the top of the Mattress. If the purchaser uses an inappropriate foundation, box spring or base as determined by HardAss Beds, the Mattress Warranty, without limitation, will be void. HardAss Beds may require the purchaser to provide proof of the quality of the foundation, box spring or base used. To substantiate this proof HardAss Beds Mattress may request Video or Images expressing defects.
ï Any physical flaw in the natural latex foam that causes it to split or crack under conditions of normal use and proper handling.
ï Any manufacturing defect in the Mattress cover such as the fabric tearing or the side stitching unraveling (top stitch quilting not included.) Any cosmetic damages to the Mattress, NOT caused by normal wear and tear or that affect the performance of the Mattress.
ï Size variations greater than 2 inches in any dimension, after 30 days of regular usage.
THIS MATTRESS WARRANTY DOES NOT COVER:
Normal wear and tear or any condition resulting from misuse or abuse of the Mattress or failure to keep the Mattress clean and free of stains and potentially unsanitary conditions. Warranty not valid if mattress has stains or is unsanitary.
ï A normal increase in softness due to normal usage.
ï Comfort preference. Any comfort level description of any Mattress is solely provided as a guideline and HardAssBeds does not guarantee the firmness or softness quality of any Mattress, nor does it warrant that a particular comfort preference will be to your liking.
ï Mold, odors, and/or discoloration caused by abnormal care including, but not limited to liquid spills, improper ventilation including, but not limited to humid climates and/or areas where the Mattress is exposed to excessive water or humidity.
ï Damage associated with an improper bed frame, foundation, box spring, or base as determined soley by HardAss Beds.
ï Imperfections that do not prevent ordinary use and enjoyment of the Mattress by a reasonable person are not considered to be defects. For example, surfaces may not be perfectly even, and corners may not be perfectly shaped or symmetrical. These are not defects for which you can seek a remedy under this Mattress Warranty. More specifically, this Mattress Warranty excludes: (a) minor imperfections and slight cosmetic flaws; (b) normal wear and tear; (c) tears, stains, soiling, burns, and discoloration that occur over time; (d) dampness or mold; (e) individual or personalized preferences relating to firmness, texture, comfort, etc.; (f) normal body impressions not greater than one (1.5) inchs in the Mattress as measured below the quilt level — in other words, some settling of the fiber in the quilt should be expected and is not considered a defect); (g) individual or personalized allergies and sensitivities; and (h) naturally occurring cotton, wool, or latex foam aromas.
ï In addition, this Mattress Warranty does not cover conditions resulting from abusive handling, misuse, or neglect. Accordingly, the following circumstances, if discovered upon inspection, will void your Warranty: (a) any unsanitary condition; (b) burns; (c) use of the Product on an improper bed frame; (d) physically abusing the Mattress; (e) attempting to clean the Mattress in an inappropriate manner; and (f) improper storage of the Mattress (including storage in damp locations, areas infested with insects or rodents, or any other unprotected storage areas); and (g) purchase from resellers who are not authorized retailers of HardAss Bed Products.
Any and all of the above described defects may be subject to verification by a nearby HardAssBed Experience Partner.
YEARS 1-3: FULL COVERAGE — NON-PRORATED
During the first ten (3) years of the Mattress Warranty, HardAss Beds will not charge purchaser to repair or replace purchaser’s mattress if it qualifies under the Mattress Warranty. This period is non-prorated which means that HardAss Beds does not charge a percentage of the repair costs or replacement product based on the amount of time you slept on the mattress prior to noticing a defect.
YEARS 4-10: LIMITED COVERAGE — PRORATED
During years 4-10 of the Mattress Warranty, HardAss Beds will, at its option, replace the mattress at a prorated charge to the purchaser in addition to transportation and/or shipping charges. The prorated replacement charged will be dependent on the year that the Mattress is replaced. If the Mattress is replaced during the fourth (4th) year, the prorated replacement charge the purchaser pays will be fifty (50) percent of the original purchase price. If the Mattress is replaced after the fourth (4th) year, but before the eigth (8th) year, the prorated replacement charge the purchaser pays will increase by five (5) percent for each subsequent year of the prorated period (i.e. 55% of the original purchase price if replaced during year four (4th); 60% of the original purchase price if replaced during year five (5), etc. If the mattress is replaced in year eight (8) or any point thereafter prior to expiration of the Mattress Warranty the prorated replacement charge will be 95% of the original purchase price. The replacement will be of the same model and size as the original Mattress purchased. In no event will a substitution model be used as a replacement except in the case of a discontinued Mattress. In this event, a Mattress of like build and design, at HardAss Beds’ discretion, will be used as a replacement for the defective Mattress. Replaced or repaired Mattresses are subject to the same 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 applicable, a replacement mattress ends your sleep trial.
MAKING A CLAIM
To make a valid claim under this Mattress Warranty, you must: Fill out a warranty claim form supplied when you contact support@hardassbeds.com All requirements are listed on the warranty claim form. Requirements include, but are not limited to, a narrative describing the defect and how it is affecting the performance of the Mattress, as well as:
Valid original proof of purchase demonstrating date of purchase and that the claimant is the original purchaser and still has the bed.
Photographic evidence of the law tag evidencing that the law tag remains on the bed and has not been altered.
Photos or Video of the mattress, base, and defect, in accordance with the warranty. All measurements must be measured with a tailor tape. Our products have curves and thus a standard tape measure does not suffice.
DISCLAIMER: LIMITATIONS ON LIABILITY
To the maximum extent permitted by applicable law, and HardAss Beds its authorized resellers, distributors, and/or suppliers make no representations, warranties or conditions, express or implied, beyond those set forth in this warranty and non-puffery claims in HardAss Beds marketing materials. Each of those parties disclaims any and all warranties or conditions, express, statutory and implied. Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you. There are no warranties that extend beyond the face of this document. In no event will HardAss Beds or its resellers, distributors, and/or suppliers be liable for any damages, including without limitation any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from your or any third party’s purchase and/or use of the product, even if HardAssBeds or such other party has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) negligence, or (4) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. Some jurisdictions do not allow the limitation or exclusion of certain damages, warranties or conditions, so some of the above limitations may not apply to you. In no case shall HardAssBeds liability exceed the purchase price paid for the mattress giving rise to any such liability.
ARBITRATION
If a dispute arises between you and HardAss Beds arising out of or relating to this Mattress Warranty, that dispute will be resolved in accordance with the general dispute resolution provisions of the HardAss Beds terms of service. The arbitration conducted pursuant to this provision will be deemed final and binding and will not be subject appeal absent extraordinary circumstances. You must seek arbitration for disputes arising out of this Mattress Warranty prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act or any state law relating to consumer product warranties. As in all other dispute situations under the HardAss Beds terms of service, an arbitration concerning a dispute arising out of or relating to this Mattress Warranty will not be combined with any other proceeding or arbitration against one of the parties. In addition, to the maximum extent permitted by applicable law, you will only be permitted to assert your own claim, and may not appear as a representative of the interests of any other person, entity or class of consumers (including a private attorney general or otherwise). Some states do not allow the exclusion or limitation of incidental or consequential damages in connection with the sale of consumer products, so the above limitation or exclusion of incidental or consequential damages may not apply to you.
GOVERNING LAW
This limited Mattress Warranty will be governed by the laws of the State of California.
WARRANTOR
HardAss Beds, 1806 Goodyear Ave. Ventura, CA 93003 60632 Support@HaedAssBeds.com