Our Warranties and Detail Warranties
Our Warranties and Detail Warranties
Foam Oh! Warranty
Our Foam Oh! products are covered by a 3-year limited warranty. This limited Foam Oh! product Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
FoamOh.com 3 year Limited Foam Oh! product Warranty
Your new Foam Oh! product is covered by a 3 year limited warranty (the “Foam Oh! product Warranty”). This limited Foam Oh! product Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
- Products covered by this limited Foam Oh! product Warranty
This limited Foam Oh! product Warranty extends to Foam Oh! product manufactured by FoamOh.com (“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 “Foam Oh! product”). Some parts of this limited Foam Oh! product Warranty also extend to covers sold with Foam Oh! product (“Foam Oh! product Covers”). This limited Foam Oh! product Warranty does not extend to Clearance Foam Oh! product (please see Final Sale and Clearance Items for more details).
Foam Oh! products are designed to work on a firm, solid-surface. This Foam Oh! product Warranty does not cover your Product if you use it in a manner incompatible with that intended design.
- Who this Foam Oh! product Warranty extends to
This limited Foam Oh! product Warranty extends to the original purchaser of any Foam Oh! product 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 Foam Oh! product is owned by the original purchaser of the Foam Oh! product. The “original purchaser,” for the purposes of this Foam Oh! product Warranty, is the first purchaser of the Foam Oh! product 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.
- FoamOh.com's limited Foam Oh! product Warranty and responsibilities
FoamOh.com warrants the Foam Oh! product in its original packaging sold to you against the defects in material and workmanship set forth below (“Defects”) for a period of 3 years from the time your Foam Oh! product is purchased by you, when the Foam Oh! product is used normally for its intended purposes in the home and on a solid base that is structurally capable of supporting the weight of the Foam Oh! product and user(s).
Notwithstanding the foregoing, with respect to Trade Customers only, the limited warranty period shall be 3 years.
- What this limited Foam Oh! product Warranty covers
This limited Foam Oh! product Warranty applies to the following Defects:
- Deterioration causing the Foam Oh! product to have a visible indentation greater than one (1) inch that is not associated with an indentation or sag which results from use of an improper or unsupportive foundation. Normal wear requires that a Foam Oh! product be continuously supported by a matching solid foundation sufficient to support the collective weight of the Foam Oh! product and the user.
- Any physical flaw in the Foam Oh! product that causes the foam material to split or crack, despite normal usage and proper handling.
- Any manufacturing defect in the zipper assembly of the Foam Oh! product Cover.
This limited Foam Oh! product Warranty does not cover the following:
- A normal increase in softness of the foam pressure-relieving material which does not affect the pressure-relieving qualities of the Foam Oh! product.
- Comfort preference.
- Physical abuse or damage to the 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.
- Damage caused by commercial use, such as in a hotel or store – unless you are a Trade Customer.
- Replacement of any non-defective pieces in the FoamOh.com play system (for example, if you purchase a Foam Oh! product with multiple components and only one component is defective, then we will only replace the defective component).
- Any Foam Oh! product (whether manufactured by FoamOh.com or not) sold by resellers who are not authorized retailers.
- Foam Oh! products sold “as-is”, “preconditioned”, “reconditioned”, “used”, “comfort return”, “returned”, “previously owned”, or any other similar wording indicating that the Foam Oh! product is not “new” or of “first quality”, or has previously been purchased or used by another consumer.
In the event of a Defect, FoamOh.com’s sole and exclusive liability and your sole remedy under this limited Foam Oh! product Warranty will be, at FoamOh.com’s option, to provide a repaired or replacement Foam Oh! product or Foam Oh! product Cover, subject to your fulfillment of “Your Responsibilities” below. Replacement Foam Oh! product Covers may be provided in a color different from the Foam Oh! product Cover you originally purchased.
- Your responsibilities
In the event of a Defect and in order to get the benefit of this limited Foam Oh! product Warranty, you must return your Foam Oh! products or Foam Oh! product Cover to FoamOh.com and provide FoamOh.com with proof of the original date of purchase. Should shipping costs be required to return your Foam Oh! product, 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 Foam Oh! product Warranty.
If you wish to replace your Foam Oh! product with a more expensive Foam Oh! product (an “Upgrade Foam Oh! product”), then please e-mail FoamOh.com at the e-mail address set forth at the end of this limited Foam Oh! product Warranty. You will be required to pay the difference between the original purchase price of the Foam Oh! product and that of the Upgrade Foam Oh! product, plus the cost of any related additional system pieces necessary for such Upgrade Foam Oh! product.
FoamOh.com will repair or replace (as applicable) and ship your Foam Oh! product or Upgrade Foam Oh! product back to you.
Replaced or repaired Foam Oh! products are subject to the same limited Foam Oh! product Warranty as the original Foam Oh! product. If you obtain a replaced or repaired Foam Oh! product, the warranty term of the replaced or repaired Foam Oh! product begins from the date of purchase of the original Foam Oh! product. If you purchase an Upgrade Foam Oh! product, a new warranty term will begin upon the purchase of the Upgrade Foam Oh! product.
- Disclaimer, limitation on liability
To the extent permissible by applicable law, the Foam Oh! product is provided “as is” and this 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 Foam Oh! product
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 Foam Oh! product 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 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 Foam Oh! product 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 Foam Oh! product 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 Foam Oh! product 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.
- Governing law
This limited Foam Oh! product Warranty will be governed by the laws of the State of Tennessee.
3000 Kefauver Drive
Milan, TN 38358