Pet Bed Warranty
Pet Bed Warranty
Our pet beds are covered by a 1-year limited warranty. This limited Pet Bed Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
FoamOh.com 1 Year Limited Dog Bed Warranty
Your new FoamOh.com Dog Bed, and any replacement covers you may purchase for your Dog Bed (each a “Dog Mattress Cover”), are covered by a 1 year limited warranty (the "Dog Bed Warranty"). This limited Dog Bed Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
A. Products covered by this limited Dog Bed Warranty
This limited Dog Bed Warranty extends to the dog bed mattress (the “Dog Mattress”) and the Dog Mattress Cover manufactured by FoamOh.com, purchased directly from FoamOh.com or FoamOh.com’s authorized retailers, and located in the United States (not including US territories) or Canada (the “Dog Beds”).
B. Who this Dog Bed Warranty extends to
This limited Dog Bed Warranty extends to the original purchaser of any Dog Bed who is located in the United States (not including US territories) or Canada.
All FoamOh.com warranties, including any implied warranties, are valid only for the period of time the Dog Bed is owned by the original purchaser of the Dog Bed. The “original purchaser,” for the purposes of this Dog Bed Warranty, is the first purchaser of the Dog Mattress from FoamOh.com or a FoamOh.com authorized retailer. Please retain a copy of your receipt as proof of purchase. All FoamOh.com limited warranties are not transferable.
C. FoamOh.com's limited Dog Bed Warranty and responsibilities
FoamOh.com warrants the Dog Bed or any Dog Mattress 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 Dog Bed or Dog Mattress Cover is purchased by you, when the Dog Bed or Dog Mattress Cover is used normally for its intended purposes in the home.
D. What this limited Dog Bed Warranty covers
This limited Dog Bed Warranty applies to Defects due to faulty workmanship or materials, subject to the limitations described in this warranty. This limited Dog Bed Warranty does not cover the following:
- Normal wear and tear as a result of washing and intended use.
- Comfort preference.
- Physical abuse or damage to the Dog Mattress or Dog Mattress Cover, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the defect is caused by such abuse or damage.
- Damage caused by commercial use, such as in a hotel or store.
- Any Dog Bed or Dog Mattress Cover (whether manufactured by FoamOh.com or not) sold by resellers who are not authorized retailers.
In the event of a Defect, FoamOh.com’s sole and exclusive liability and your sole remedy under this limited Dog Bed Warranty will be, at FoamOh.com’s option, to provide a replacement Dog Bed, or Dog Mattress Cover (if applicable), subject to your fulfillment of “Your Responsibilities” below.
E. Your responsibilities
In the event of a Defect and in order to get the benefit of this limited Dog Bed Warranty, you must return your Dog Bed or Dog Mattress Cover to FoamOh.com and, in the case of the Dog Bed, provide FoamOh.com with proof of the original date of purchase. Should shipping costs be required to return your Dog Bed or Dog Mattress Cover, 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 Dog Bed Warranty. In the event of a Defect, FoamOh.com will ship a replacement Dog Bed or Dog Mattress Cover (if applicable) to you.
Replaced Dog Beds or Dog Mattress Covers are subject to the same limited Dog Bed Warranty as the original Dog Bed. If you obtain a replacement Dog Bed or Dog Mattress Cover, the warranty term of the replaced Dog Bed or Dog Mattress Cover begins from the date of purchase of the original Dog Bed.
F. Disclaimer, limitation on liability
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE DOG BED AND/OR DOG MATTRESS COVER IS PROVIDED “AS IS” AND THIS LIMITED DOG BED 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 DOG BED WARRANTY, IN NO EVENT WILL FOAMOH.COM 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 DOG BED OR DOG MATTRESS COVER 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 FOAMOH.COM HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FOAMOH.COM’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE DOG BED 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.
In the event a dispute arises between you and FoamOh.com arising out of this Limited Dog Bed 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 Dog Bed 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 the State of Tennessee.
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.
H. Governing law
This limited Dog Bed Warranty will be governed by the laws of the State of Tennessee.
FoamOh.com Sleep, Inc.
3000 Kefauver Drive