LIMITED WARRANTY - MATTRESS PROTECTORS
For a Gotcha Covered mattress protector/encasement (the “Product”) purchased in the USA and Canada, Sweet Dreams Inc. dba Gotcha Covered (“Gotcha Covered”) warrants to the original end purchaser (“Purchaser”) of the Gotcha Covered mattress protector/encasement (the “Product”) that if the laminate or fabric of the Produce fails as the result of a defect in manufacturing in the course of normal usage during the Warranty Period (as defined below), Gotcha Covered will replace the Product, provided the Purchaser complies with the conditions identified below. The “Warranty Period” shall mean the period commencing upon date of purchase of the Product by the Purchaser and continuing in the case of sales for HOUSEHOLD USE ONLY (i.e., non-commercial use) for a period of FIVE years.
Please retain this warranty and original proof of purchase for at least FIVE years from your purchase date.
In addition, in the event that the Product and a NEW mattress are purchased by an individual consumer for HOUSEHOLD use at the same time from the same authorized retailer, Gotcha Covered also warrants to the Purchaser that if the Product fails to protect (due to manufacturing defects in the Product) the mattress sleeping surface against staining while properly covered by the Product during shorter of the Warranty Period (defined above) or the warranty period offered on the mattress by the mattress manufacturer, then Gotcha Covered will, in its sole discretion, either a) have the mattress professionally cleaned (by a 3rd party), b) reimburse the original purchaser a 60 month pro-rated amount for the purchase price of the mattress, or c) replace the mattress with one of comparable quality and value, in each case provided the Purchaser complies with the conditions identified below: The warranty in this paragraph shall terminate in the event that Gotcha Covered satisfies its warranty obligations under this paragraph with respect to a claim; no subsequent claims will be covered for either the replacement Product or mattress in question. Installing (or reinstalling after laundering) an obviously damaged Product voids the warranty in this paragraph. For the avoidance of doubt, the warranty in this paragraph does not apply to mattresses used commercially, the sides of the mattress or to ensembles (linens and mattress pads or toppers) and mattress bases (box springs or foundations), or mattresses not fitted with the Product. The warranty in this paragraph also does not no apply to damage caused by (i) normal wear and tear, (ii) stains caused by inks, nail polish, cosmetics, bleach, grease, alcohol, dyes, chemical hair treatments, self-tanning related chemicals, or solvents, (iii) stains or other damage occurred during moves between residences, or while in storage, (iv) smoke, flood, or other Acts of God, (v) stains or damage caused by, or the result of mold or mildew, (vi) theft, vandalism or other crimes, or any loss that is covered by an insurance policy, (vii) stains or odors of unknown origins, or (viii) pet damage.
CONDITIONS TO WARRANTIES:
In addition, Gotcha Covered’s obligations under the foregoing warranties are subject to, and conditioned upon, the Purchaser’s compliance with the following conditions: 1. The Product must be inspected for leakage before EVERY washings by laying the Product on a suitable floor and pouring water on the sleeping surface to check for leaks. If the Product leaks discontinue use and contact Gotcha Covered. Failure to inspect for leaks voids mattress replacement or prorated reimbursement warranty. 2. The Product must be laundered in accordance with the following laundering instructions and any other laundering instructions included in the documentation accompanying the Product: (A) Ensure that NO bleach or bleach alternative is used in the washing cycle; (B) Dry in the dryer at a LOW temperature at less 120F together with towels or other linens (never dry alone in dryer), and (C) positions the protector so that the fabric (non-laminated side) is exposed to the drums of the washer and dryer. 3. The Product must be inspected for damage after laundering, and use must be discontinued if damage is apparent. 4. Attempting to clean the stained mattress prior to or during the warranty process, unless otherwise instructed by a Gotcha Covered agent, will void the warranty. 5. The Product must not be subjected to abuse or improper installation or maintenance. 6. Any warranty claim must be submitted by contacting Gotcha Covered at the phone number listed below within 5 days after the incident occurs for instructions to return the Product. 7. The Product must be returned to Gotcha Covered, within 15 business days of receipt of replacement Product, for inspection and validation in accordance with the instructions provided by Gotcha Covered when claimant telephones or emails Gotcha Covered as required above. DO NOT RETURN THE DAMAGED PRODUCT TO A RETAILER FROM WHOM YOU PURCHASED IT. A purchase invoice/receipt from an authorized distributor/reseller must be presented to make a warranty claim, within 15 days of then the claim was opened. 7. The Gotcha Covered washing instruction label must be attached to the Product to make a warranty claim.
DISCLAIMERS, LIMITATIONS AND EXCLUSIONS:
The foregoing express warranties are the sole warranties given by Gotcha Covered, and shall extend only to the Purchaser. FOR SALES TO ANY PURCHASER OTHER THAN A CONSUMER PURCHASING FOR HOUSEHOLD USE, ALL IMPIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIUED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTUCULAR PURPOSE OR USE, ARE EXCLUDED AND DISCLAIMED. IN NO EVENT SHALL GOTCHA COVERED BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, EVEN IF GOTCHA COVERED IS ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. The remedies provided herein are the sole and exclusive remedies of the Purchaser and no one is authorized to assume or undertake for Gotcha Covered any other liability in connection with the sale of the Product. Some jurisdictions do not allow for the disclaimers of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. IN the event that the disclaimer of implied warranties is not applicable to you, then such implied warranties shall only remain in effect during the applicable Warranty Period. This warranty gives you specific legal rights and you may have other rights which vary state to state. This warranty is non-transferable. This warranty shall be interpreted in accordance with the internal laws of the state of Texas, without regard to the provisions concerning the conflict of laws. Gotcha Covered reserves the right to revise the warranty it offers in connection with the sales of products from time to time. Accordingly, the warranties set forth in this certificate apply only to the Product accompanied by this warranty certificate. For the latest warranty information for any products offered or sold in the future, please refer to Gotcha Covered’s website: www.gotchacoveredusa.com
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