Effective as of March 1, 2018.
5 YEAR LIMITED FOUNDATION WARRANTY
Who and What Does This Warranty Cover?
The Solay Foundation is covered by a five (5) year limited warranty (the “Foundation Warranty”), which begins on the date of purchase, and is made available to foundations manufactured by Solay, LLC (“Solay”) and that are purchased directly from Solay (a “Foundation”). This Foundation Warranty gives you specific legal rights, and you may have other rights that vary from state to state.
Solay warrants the Foundation, when sold to you in its original packaging, against confirmed defects in material and workmanship (“Defects”), as set forth below, for a period of five (5) years from the time your Foundation is purchased by you, provided the Foundation is only used normally for its intended purposes.
This limited Foundation Warranty only extends to the original purchaser of a Foundation. All Solay warranties, including any implied warranties, are valid only for the period of time the Foundation is owned by the original purchaser. The “original purchaser,” for the purposes of this Foundation Warranty, is the first purchaser of the Foundation from Solay. Please retain a copy of your receipt as proof of purchase. All Solay limited warranties are non-transferable.
This Limited Foundation Warranty does not cover the following:
- Structural or visual damage from using an improper bed frame or placing the Foundation on the floor;
- Physical abuse or damage to the Foundation 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 Solay 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 Solay or not) sold by resellers or individuals who are not authorized retailers.
Remedies Under the Warranty
In the event of a Defect, Solay’s sole and exclusive liability and your sole remedy under this limited Foundation Warranty will be, at Solay’s option, to provide a replacement Foundation or to provide a refund, subject to your fulfillment of “Your responsibilities” below. Refunds are based on the original purchase price and may be pro-rated by Solay according to the remaining life of the Foundation Warranty. Refunds shall exclude shipping and handling charges discussed below.
In the event of a Defect and in order to get the benefit of this limited Foundation Warranty, you must return your Foundation to Solay and provide Solay with proof of the original date of purchase. Should shipping costs be required to return your Foundation, 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 Foundation Warranty. In the event of a Defect, Solay will ship a replacement Foundation (if applicable) to you.
To initiate a claim under this Foundation Warranty, contact Solay at 833-33SOLAY or Support@solaysleep.com to obtain a Returned Merchandise Authorization (“RMA”) number before shipping the Foundation. No returns will be accepted without an RMA number.
Except as otherwise provided herein, Solay will not charge purchaser to repair or replace purchaser’s Foundation if it is deemed defective during the length of this five (5) year Limited Warranty. Solay reserves the right to confirm any Defect. In the event the Foundation is not deemed defective, you shall be responsible for all shipping costs associated with the return, including delivery to and from Solay’s facilities. No new warranty is provided on a replacement product. The warranty for the replacement product runs from the date of purchase of the original product. In connection with the replacement of a product under this Limited Warranty, if a purchaser elects to upgrade to a more expensive product, purchaser may do so by paying the difference between the cost of the original product being replaced and the cost of the upgraded product, plus the cost of any related additional sleep system pieces not being replaced as part of the warranty exchange. Exchanges for items of lesser value are not allowed. In the event of an upgrade as described in this paragraph, a new limited warranty will be provided for the upgraded product and related additional sleep system pieces only.
Disclaimer, limitation on liability
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY CLAIM UNDER THIS LIMITED WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED FOUNDATION WARRANTY, IN NO EVENT WILL SOLAY 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 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 SOLAY HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOLAYS 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.
This limited Mattress Warranty will be governed by the laws of the State of Mississippi.
10532 Auto Mall Parkway
Diberville, MS 39540