Terms & Conditions Of Warranty on Mattresses
Manufacturer’s Warranty
Manufacturer’s Warranty
Subject to the terms and conditions hereunder, each mattress product ("Product") comes assured with a limited manufacturer’s warranty covering any Manufacturing Defect (as defined hereinunder) in workmanship and material ("Manufacturer’s Warranty"), under which we shall, upon a receiving of a valid warranty claim within the limited warranty period mentioned on the Product label from the date of purchase of the Product ("Warranty Period"):
- where such warranty claim
- is made within 12 (Twelve) months from the date of purchase of the Product ("Non-prorated Warranty Period"), at our sole discretion, either repair or replace the defective Product without any cost to the customer, or provide a credit settlement note for the full replacement value of the Product, or
- where such warranty claim is made after the expiry of the Non-prorated Warranty Period, at our sole discretion, either repair the defective Product by bearing the Prorated Repair Cost with the balance cost of repair to be borne by the customer, or replace the Product by bearing the Depreciated Value (as defined hereinafter) of the Product with the balance cost to be borne by the customer, or provide a credit settlement note for the Depreciated Value of the Product.
"Prorated Repair Cost" shall mean such amount of cost forming part of the total repair cost estimate (including parts, labour charges and miscellaneous costs) of the defective Product to be borne by the Manufacturer for repair of the Product that shall determined by the following formula:
Total cost for repair x Balance term under Warranty Period from when claim is made
________________________________________________________________
No. of years of total Warranty Period
For example, if the total repair estimate is Rs.5,000, the total Warranty Period is 7 years and the warranty claim is made in the 2nd year of the Warranty Period (i.e. 5 years remaining in the Warranty Period), the Prorated Repair Cost shall be calculated as follows:
Rs. 5,000 x 5 _______________ 7 |
= Rs.3,571.42/- |
"Depreciated Value" shall mean the depreciation in the value of the Product which shall be determined by the formula:
Purchase Price x Balance term under Warranty Period from when claim is made
____________________________________________________________
No. of years of total Warranty Period
For example, if the purchase price is Rs.20,000, the total Warranty Period is 7 years and the warranty claim is made in the 3rd year of the Warranty Period (i.e. 4 years remaining in the Warranty Period), the depreciated value shall be calculated as follows:
Rs. 20,000 x 4 _______________ 7 |
= Rs.11,429/- |
Repairs outside scope of Manufacturer’s Warranty: In all other cases for repair of the Product, the Manufacturer shall undertake to repair the same, where possible on a case to case basis, on payment of standard repair charges payable by the customer.
For the purposes of the Manufacturer’s Warranty hereinunder, a "Manufacturing Defect" shall mean the occurrence of any or all of the following defects in the Product, provided however that, these do not fall under the Manufacturer’s Warranty Exclusions and Product has been used with prescribed and reasonable care and precautions:
- The seams visibly coming undone upon arrival of the Product;
- The Product does not come to the original Product dimensions specified on the Product label within 48 (Forty Eight) hours from the unboxing/unpacking of the Product, provided however that, a variation of the specified dimensions printed on the Product label not exceeding 15mm shall not be considered to be a Manufacturing Defect;
- Irregular bunching, splitting and/or cracking of the foam;
- Visible reduction of thickness and/or sagging in excess of 1 (One) inch whether caused by body indentation and/or ordinary use.
Exclusions to Manufacturer’s Warranty:
The Manufacturer’s Warranty shall exclude any occurrences to the Product attributable to, arising out of and/or as a result of any or all of the following ("Manufacturer’s Warranty Exclusions"):
- The Product dimensions varying from the specified dimensions printed on the Product label not in excess of 15mm;
- Regular wear and tear of the cover including stitching, seams and zips;
- Improper and/or poor foundational support and/ or placing on incorrect/ improper sized bed frame/ support;
- Improper usage and/or handling not being in conformity with prescribed reasonable care and precautions for usage;
- Fitness for any specific purpose other than an implied warranty of merchantability;
- Intended firmness and/or comfort not being as per intended individual preferences;
- Reduced firmness and/or comfort caused by ordinary wear and tear;
- Tears, scratches, discolouration of fabric caused by use;
- Uneven surfaces and/or indentation caused by use;
- Stains, liquid spillage and/or other contact with other substances;
- Mould, dirt, dust, smell, insects, rodents, pests, bed bugs or other such conditions resulting from unhygienic, poor and/or improper maintenance and/or care of the product or the environment in which used;
- Exposure to extreme cold/hot temperatures for an extended period of time that causes the materials to tear and/or permanently deform;
- Exposure to any hot surfaces like an iron, heating device, fire and/or smoke;
- Bending, cutting, altering and/or mishandling;
- Placing of any heavy, sharp and/or unusual objects;
- Removal from the zip enclosure;
- Damage to the Product due to pets;
- Other issues attributable to normal wear and tear.
Care and precautions:
The following care and/o nr precautions are recommended by the manufacturer for use of the Product to increase longevity of the Product:
- Flip and/or rotate the Product periodically;
- The Product is designed and intended to be used on a firm, flat, solid, clean and hygienic surface;
- Do not wash and/or clean with any detergents, chemicals, water and/or any other substances;
- Use a mattress protector so as to protect the Product from liquids and/or other substances as liquid stains, seepage and/or contact with other substances can internally corrode and/or structurally damage the Product;
- Do not expose the Product to extreme temperatures.
Terms and Conditions of Warranty/ Service/ Repair
- To raise a warranty claim for a Manufacturing Defect or request for repairs not covered under the Manufacturer’s Warranty, the customer is required to submit a warranty claim or service request, as applicable, to the customer care team and in case of a warranty claim, shall provide full particulars relating to the Manufacturing Defect including photographs evidencing the same along with copies of the original invoice and the product warranty card which bears the stamp and date of purchase filled in by the authorised seller;
- The Manufacturer’s Warranty on the Product only extends to Manufacturing Defects;
- The Manufacturer’s Warranty is valid only if proper care of the Product is taken as per the use and care directions prescribed hereinabove;
- The Manufacturer’s Warranty does not include any stains, tears, cracks and/or other physical damage that may be caused to the Product during transit and/or transportation of the Product;
- The Manufacturer’s Warranty is not valid if the original configuration of the Product has been changed or any unauthorised repairs have been carried out to the Product;
- The Manufacturer’s Warranty shall be automatically void if the Product tags are tampered with and/or removed;
- The Manufacturer’s Warranty shall be applicable on warranty claims made only by original purchaser as evidenced by the invoice;
- The Manufacturer’s Warranty shall be valid only if the product is purchased from an authorized seller;
- The manufacturer shall use its best endeavours to respond to, fulfil and/or settle all warranty claims within 30 (Thirty) business days of the receipt of a warranty claim;
- In the event, the Manufacturer repairs a Product pursuant to an approved warranty claim, the repaired Product will not extend original Warranty Period of the Product;
- The manufacturer reserves the exclusive right to refuse any warranty claim if it does not fall under the scope of the Manufacturer’s Warranty and/ or does not comply with the Terms and Conditions set out hereinunder. Similarly, the manufacturer reserves the exclusive right to refuse any request for service and/or repair on a case-to-case basis where in its discretion, the Product is not serviceable and/or repairable;
- The manufacturer shall not be liable or take responsible for any failure to perform, delay in performance, or any other obligations under the Manufacturer’s Warranty if and to the extent, such delay or failure is caused, in whole or in part, by a Force Majeure Event. A "Force Majeure Event" shall mean, any event, circumstance, occurrence or cause beyond the reasonable control of the Manufacturer, including any Acts of God such as natural disasters, fire, explosion, flood, pandemics, epidemics, power failures, strikes, war or war threat, acts of terrorism, civil disorder, Governmental actions, lockdowns, national emergency, riot, sabotage, labour disputes and strikes. The obligation of the manufacturer to perform under the Manufacturer’s Warranty shall be deemed to be suspended for the period that the Force Majeure Event continues, and it shall have an extension of time for performance for the duration of that period;
- The manufacturer’s highest liability is capped by the purchase price of the Product as shown on the original invoice and shall reduce as per the Depreciated Value based on the year the warranty claim is made; and
- Disputes, if any, will be subject to the exclusive jurisdiction of the courts of Mumbai only.
Cost Repair Prorated and Depreciated Value formula example working
- Prorated Repair Cost
Total Warranty Period - 7 years
Cost of repair – Rs. 5,000
Year in which warranty claimed |
Balance years of warranty period |
Prorated Cost payable by Manufacturer |
% of Prorated Cost to estimated total Cost of Repairs |
2nd year |
5 |
Rs.3,571.42 |
71.42% |
3rd year |
4 |
Rs.2,857.14 |
57.14% |
4th year |
3 |
Rs.2,142.85 |
42.84% |
5th year |
2 |
Rs.1,428.57 |
28.56% |
6th year |
1 |
Rs.714.28 |
14.28% |
7th year |
0 |
Rs.0.00 |
- Depreciated Value
Purchase Price Rs.20,000
Total Warranty Period - 7 years
Year in which warranty claimed |
Balance years of warranty period |
Depreciated value to which Manufacturer may issue credit settlement note |
% of depreciation in value to purchase price |
2nd year |
5 |
Rs.14,285.71 |
71.42% |
3rd year |
4 |
Rs.11,248.57 |
56.24% |
4th year |
3 |
Rs.8,571.42 |
42.85% |
5th year |
2 |
Rs.5,714.28 |
28.57% |
6th year |
1 |
Rs.2,857.14 |
14.28% |
7th year |
0 |
Rs.0.00 |