Bed Bases: Limited Warranty for ERGO

LIMITED WARRANTY FOR ERGO^TM ERGO^TM Adjustable Base

TEMPUR-PEDIC® NORTH AMERICA, LCC (TEMPUR-PEDIC®) WARRANTS THAT IT WILL, AT TEMPUR-PEDIC’S OPTION, REPLACE OR REPAIR PURCHASER’S TEMPUR-PEDIC ERGO^TM MODEL IF IT IS DEFECTIVE DUE TO FAULTY WORKMANSHIP OR MATERIALS, SUBJECT TO THE LIMITATIONS DESCRIBED IN THIS WARRANTY.

TEMPUR-PEDIC® UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE GOODS EXCEPT AS OTHERWISE PROVIDED IN THIS WARRANTY. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE THEREOF.

THIS WARRANTY APPLIES ONLY TO TEMPUR-PEDIC ERGO^TM MODEL. THIS MODEL MAY BE IDENTIFIED BY REFERENCE TO THE SERIAL NUMBER ON THE PRODUCT.

YEARS 1 THROUGH 3: FULL COVERAGE OF PARTS AND LABOR TEMPUR-PEDIC ERGO^TM is warranted against defects in the workmanship or materials for a period of three (3) years from the warranty commencement date. During these first three years of the warranty, the entire product is so covered, including factory supplied electronics, electrical components, drive motors and power supply components. Upon notice during the first through third year from the warranty commencement date, Tempur-Pedic® will send replacement parts to the purchaser, at no cost, in order to replace any such defective part. In addition, Tempur-Pedic® will pay all authorized labor and transportation costs associated with the repair or replacement of any parts which Tempur-Pedic® determines to be defective. This three (3) year warranty shall not apply if the purchaser does not return any and all defective parts to Tempur-Pedic® within 15 days of purchaser’s receipt of such replacement parts furnished. Return of the frame, however, should it need to be replaced, is not required.

In no instance will this warranty cover any damage attributable to misuse or to normal wear and tear or to excessive weight placed upon the product. Nor will this warranty cover any purchaser other than the original purchaser nor will it cover product purchased from an unauthorized third party. If you are not the original purchaser of this product, you take “as is” and “with all faults.” If you did not purchase this TEMPUR-PEDIC ERGO^TM we will require proof of purchase from you demonstrating that you are the original purchaser and are eligible to make a valid claim under this Warranty.

YEARS 4 THOUGH 5: FULL COVERAGE OF PARTS ONLY

Upon notice during the years four (4) and five (5) from the warranty commencement date, Tempur-Pedic® will offer replacement parts for any defective parts to the purchaser. Factory supplied electronics, electrical components, drive motors and power supply components are included. This two (2) year Warranty shall not apply if purchaser does not return any and all defective parts to Tempur-Pedic® within 15 days of purchaser’s receipt of replacement part. Purchaser shall bear all service, transportation, labor and shipping costs related to the delivery and/or replacement of the defective part.

FRAME ONLY - YEARS 1 THROUGH 25 WARRANTY

Notwithstanding the above, Tempur-Pedic® extends a 25 Year Warranty on the frame itself used in this product. Specifically, Tempur-Pedic® warrants that for a full 25 years, any defect in the workmanship or the materials used in the frame itself shall be covered. In the event of a frame defect, full product replacement will be offered. For purposes of this 25 Year Warranty, the frame consists of the metal structure of the base and specifically excludes its cover, its side rails, decking and legs, actuator lift motors, control box, remote controls, power supply, and any power supply cords.

ADDITIONAL TERMS AND CONDITIONS

In no instance will this warranty cover any damage attributable to misuse or to normal wear and tear or to excessive weight placed upon the product. Nor will this warranty cover any purchaser other than the original purchaser nor will it cover product purchased from an unauthorized third party. If you are not the original purchaser of this product, you take “as is” and “with all faults.” If you did not purchase this TEMPUR-PEDIC ERGO^TM directly from Tempur-Pedic® we will require proof of purchase from you demonstrating that you are the original purchaser and eligible to make a valid claim under this Warranty.

This Warranty does not include coverage for damage caused by the purchasers or by other users if the product has been used in a manner inconsistent with the operation and maintenance procedures outlined in the Complete Reference Guide, this Warranty, or any other applicable document published or approved by Tempur-Pedic®. Nor does it include coverage if the product has been repaired or modified by the purchaser or by an unauthorized third party or if the product has been damaged in transit. This Warranty does not apply to damage to mattresses, fabric, cables, electrical cords or items supplied by Resellers, as defined below. Contact the Reseller or other appropriate party for warranty information on these items. Nor does this Warranty apply to any unnecessary service calls, including costs for in home service calls solely for the purpose of educating the consumer about the unit or finding an unsatisfactory power connection. In addition, if the recommended weight restrictions are not followed (Twin Long, Queen Split, Double, Queen, King, CA King and Split/Dual CA King bases - up to 700 lbs. each) this Warranty is void.

Replacement parts may be new or reconditioned at Tempur-Pedic®’s discretion. Except for the 25 Year Warranty provided for the frame of this product, there is no warranty at all after five years, dating from commencement of this Limited Warranty.

ADDITIONAL LIMITATIONS ON WARRANTY COVERAGE

In the event a warranty claim is filed and a warranty replacement is deemed necessary, purchaser will be required to surrender the original product, including any components, to Tempur-Pedic® at the time of the replacement. Return of the frame, however, should it need to be replaced, is not required.

Repairs to or replacement of the TEMPUR-PEDIC ERGO^TM model or its components under the terms of this Limited Warranty will apply to the original warranty period and will not serve to extend such period. This Warranty begins on the “warranty commencement date” which is the date of purchase for new unused products.

If you did not purchase this TEMPUR-PEDIC ERGO^TM model directly from Tempur-Pedic®, proof of purchase will be required to demonstrate that you are the original purchaser and eligible to make a valid claim under this Warranty. If original proof of purchase is not provided by the purchaser, Tempur-Pedic® reserves the right to determine if the unit is covered, or is not covered, by this Warranty and may use the manufacturing date as the warranty commencement date.

The decision to repair or to replace defective parts under this Limited Warranty shall be made by Tempur-Pedic® at its option and at its sole discretion. Except for the Warranty provided for the frame of this product, there is no warranty at all after five years, dating from commencement of this Limited Warranty.

TEMPUR-PEDIC® SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT OR ARISING OUT OF ANY BREACH OF THIS WARRANTY. THE EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY SHALL BE REPLACEMENT OR CREDIT TOWARDS REPLACEMENT AS SET FORTH HEREIN. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THE WARRANTY DESCRIBED ON THE FACE OF THIS LIMITED WARRANTY.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to every purchaser. This Warranty gives the purchaser specific legal rights, and the purchaser may also have other legal rights, which may vary from state to state.

If you the purchaser experience any problem with your TEMPUR-PEDIC ERGO^TM during the warranty period, please consult the troubleshooting section of your Reference Guide. If the problem persists, please contact Tempur-Pedic®’s Customer Service Department by calling toll-free 1-800-821-6621 or by sending an email to customer.service@tempurpedic.com.

PLEASE RETAIN THIS WARRANTY PAPERWORK AND ORIGINAL SALES RECEIPT FOR EASY FUTURE REFERENCE AND DOCUMENTATION.

This Warranty is valid in all 50 states, Puerto Rico, Mexico and Canada. V002_R1