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Warranty

Warranty

All LUX Modern mattresses are covered by a 20 limited warranty when purchased from a LUX Modern authorized retailer or directly from LUX Modern. Your LUX Modern mattress (the Mattress) is designed to work on a firm solid surface or a compatible bed base. Using your Mattress in a manner incompatible with the intended design may invalidate your limited warranty. Mattress must be continuously supported by a matching foundation or adjustable bed base with a proper bed frame sufficient to support the collective weight of the Mattress and foundation. Do not allow your Mattress to get wet. Liquids can result in premature deterioration of the foam causing your Mattress to sag. Stains are an indication of liquid saturation and can invalidate your warranty. It is suggested to protect your Mattress with a waterproof mattress protector or cover.

What is Covered?

New LUX Modern mattresses and mattress covers purchased from authorized LUX Modern retailers or directly from LUX Modern are covered from defects from manufacturing, materials and workmanship from the date of purchase for a period of 20 years.

Shipping charges for the return of your LUX mattress to the manufacturer.

Who is Covered?

The limited warranty extends to the original purchaser and is non-transferable. Please retain your receipt as proof of purchase. If you purchased your Mattress from an unauthorized retailer or from a reseller, you do not have a valid warranty.

What is considered a Defect?

Visible indentations greater than 1.5 inch not associated or due to (1) an improper or unsupportive foundation or base or (2) liquid saturation

Zipper for a Mattress Cover that tears fabric or has other flaws or defects that arose from normal use of the zipper.

Splitting or cracking foam of your Mattress, provided such splitting or cracking was not caused by any improper uses or handling of the mattress.

What is Not Covered?

Mattress not purchased from an authorized retailer or directly from LUX Modern.

Mattresses not used for their intended design.

Shipping costs for your repaired or replaced Mattress to be returned to you.

Increase in softness. (It is normal for the softness of the foam to increase with use. This will not affect the pressure-relieving qualities of your Mattress.)

Normal wear and tear. 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.

Indentations or sagging found to be caused by liquid saturation. Stains are an indication of liquid saturation.

Use of the Mattress other than in accordance with the recommendations by LUX Modern.

Mattresses sold "as-is", "preconditioned", "reconditioned", "used", "comfort return", "returned", "previously owned", or any other similar wording indicating that the Mattress is not "new" or of "first quality", or has previously been purchased or used by another consumer.

What you need to do: In the event of a Defect and in order to get the benefit of this limited Mattress Warranty, you must return your Mattress or Mattress Cover to LUX Modern and provide LUX Modern with proof of the original date of purchase. Should shipping costs be required to return your Mattress, 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 Mattress Warranty. LUX Modern will repair or replace (as applicable) and ship your Mattress back to you. You will be responsible for any shipping costs associated with shipping replaced or repaired Mattresses.

Replaced or repaired Mattresses are subject to the same limited Mattress Warranty as the original Mattress. For example, if you obtain a replaced or repaired Mattress that is the same style and price as the original Mattress, then the warranty term of the replaced or repaired Mattress begins from the date of purchase of the original Mattress. If upon LUX Modern receiving your Mattress it determines that the Mattress does not have a defect that is covered by this limited Mattress Warranty, you will be solely responsible for all costs related to transportation and LUX Modern processing the Mattress.

Disclaimer, Limitation on Liability

Except as provided in this limited Mattress Warranty, the mattress is provided as is and LUX Modern hereby disclaims any and all additional express and implied warranties, including any implied warranty of merchantability or fitness for a particular purpose. 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 mattress warranty, in no event will LUX Modern 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 mattress 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 LUX Modern has been advised of such damages and notwithstanding the failure of essential purpose of any limited remedy.  LUX Modern’s total liability will not exceed the purchase price paid for the Mattress 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.

Governing Law; Venue

This limited Mattress Warranty will be governed by the laws of the State of Illinois, without regard for its conflict of law provisions. The state or federal courts located in Chicago, Illinois have exclusive jurisdiction to hear actions arising out of related to this Mattress Warranty.

  1. Warrantor

This Limited Warranty is provided by LUX Modern.

 

 

 

 

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