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The decision to repair or to replace defective
parts under this warranty shall be made, or
case to be made, by Sealy at its option and in
its sole discretion.
REPAIR OR REPLACEMENT SHALL BE THE SOLE
REMEDY OF THE PURCHASER. THERE SHALL
BE NO LIABILITY ON THE PART OF SEALY
FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OR FOR
ANY OTHER DAMAGE, CLAIM, OR LOSS NOT
EXPRESSLY COVERED BY THE TERMS OF
THIS WARRANTY. THIS LIMITED WARRANTY
DOES NOT INCLUDE REIMBURSEMENT FOR
INCONVENIENCE, REMOVAL, INSTALLATION,
SETUP TIME, LOSS OF USE, SHIPPING, OR ANY
OTHER COSTS OR EXPENSES. SEALY MAKES NO
OTHER WARRANTY WHATSOEVER, EXPRESS
OR IMPLIED, AND ALL IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE ARE DISCLAIMED BY
SEALY AND EXCLUDED FROM THIS AGREEMENT.
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 rights, which
may vary from state to state. This warranty is
valid in all 50 states, Puerto Rico, and Canada.
This warranty is valid only for the original
purchaser of the product. An original purchaser
is one who purchases the product directly from
Sealy, Inc. or an authorized Reseller of Sealy, Inc.
If you are not the original purchaser of this
product, you take it “as is“ and “with all faults.“
If you did not purchase this Reflexion
®
system
directly from Sealy, Inc., 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
begins on the “warranty commencement date“
which is the date of purchase for new unused
units, and the date of manufacture for units
that have been used as floor or display models.
Thus, on a floor model unit, the warranty is
a portion of the limited 20-year warranty. If
original proof of purchase is not provided by
purchaser, Sealy reserves the right to determine
if the unit is not covered by this warranty or
to use the manufacturing date as the warranty
commencement date. This limited warranty gives
you specific legal rights. You may also have other
rights that vary from state to state.
B I N D I N G A R B I T R A T I O N
A N D C L A S S A C T I O N W A I V E R
F O R U . S . R E S I D E N T S
a This section applies to any dispute except
it does not include a Dispute relating to the
enforcement or validity of your, Sealy’s, or
any of our licensors’ intellectual property
rights. “Dispute” means any dispute, action,
or other controversy between you and
Sealy concerning your Sealy mattress or this
warranty, whether in contract, warranty, tort,
statute, regulation, ordinance, or any other
legal or equitable basis. “Dispute” will be given
the broadest possible meaning allowable
under law.
b In the event of a dispute, you or Sealy must
give the other a Notice of Dispute, which
is a written statement that sets forth the
name, address and contact information of
the party giving it, the facts giving rise to the
dispute, and the relief requested. You must
send any Notice of Dispute by U.S. Mail to
Sealy, Inc., ATTN: Office of General Counsel,
1000 Tempur Way, Lexington, KY 40511.
Sealy will send any Notice of Dispute to
You by U.S. Mail to Your address if we have
it or to your email address if we have it.
You and Sealy will attempt to resolve any
dispute through informal negotiation within
60 days from the date the Notice of Dispute
is sent. After 60 days, you or Sealy may
commence arbitration.
c You may also litigate any dispute in small
claims court in your county of residence or
Fayette County, Kentucky if the dispute meets
all requirements to be heard in the small claims
court. You may litigate in small claims court
whether or not you negotiated informally first.
d If you and Sealy do not resolve any dispute
by informal negotiation or in small claims
court, any other effort to resolve the dispute
will be conducted exclusively by binding
arbitration. You are giving up the right to
litigate (or participate in as a party or class
member) all disputes in court before a judge or
jury. Instead, all disputes will be resolved before
a neutral arbitrator, whose decision will be
final except for a limited right of appeal under
the Federal Arbitration Act. Any court with
jurisdiction over the parties may enforce the
arbitrator’s award.
