- Manufacturer’s Standard Limited Warranty: Each mattress product of Bamboo Mattress (“Product“) comes assured with a manufacturer’s standard limited warranty under which the manufacturer shall upon receiving a valid warranty claim from the original purchaser, replace or repair, in its sole discretion, any Product which may prove to have a “Manufacturing Defect” (as defined hereinafter) within a period of 10 (Ten) years from the date of purchase thereof (“Warranty Period“) subject to the terms and conditions set out hereunder (“Manufacturer’s Warranty“) as follows:
(i) where such warranty claim for any Manufacturing Defect is made within the Warranty Period within 1 (One) year from the purchase of a Product, the manufacturer shall at its sole discretion, either (a) repair and/or replace the Product with an identical Product at no cost to the original purchaser, or (b) the manufacturer shall provide a credit settlement note for the full value of the Product; and
(ii) where such warranty claim for any Manufacturing Defect is made within the Warranty Period after expiry of 1 (One) year from the purchase of a Product, the manufacturer shall in its sole discretion, either (a) repair the defective Product by bearing the Prorated Repair Cost (as defined hereinafter) with the balance cost of repair to be borne by the original purchaser, or (b) replace the Product by bearing the Depreciated Value (as defined hereinafter) of the Product with the balance cost to be borne by the original purchaser, or (c) 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/- and the warranty claim is made in the 2nd year of the Warranty Period (i.e. 8 years remaining in the Warranty Period), the Prorated Repair Cost shall be calculated as follows:
Rs.5,000 x 8
_______________ = Rs.4,000/-
10
“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/- and the warranty claim is made in the 3rd year of the Warranty Period (i.e. 7 years remaining in the Warranty Period), the depreciated value shall be calculated as follows:
Rs. 20,000 x 7
_______________ = Rs.14,000/-
10
- 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.
III. Manufacturing Defect: 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 whether of workmanship and/or materials, 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 15 (Fifteen) mm 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 in excess of 15 (Fifteen) mm;
- 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, disassembling and assembling, 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 & Conditions of Manufacturer’s Warranty, Service and Repairs of Products:
- Only an original purchaser of a Product as evidenced by the purchase invoice is eligible to raise a valid warranty claim within the Warranty Period. To raise a warranty claim for a Manufacturing Defect or request for repairs not covered under the Manufacturer’s Warranty, the original purchaser 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 purchase invoice;
- The Manufacturer’s Warranty shall be valid only if the product is purchased from an authorized seller;
- If the warranty claim is made within the Warranty Period, the logistic charges for pickup of the return product from the customer’s address, and delivery of the replacement and/or repaired Product to the customer’s address shall be borne by the manufacturer and in all other cases for claims and repairs, the customer shall be required to bear such logistic charges for pickup and delivery;
- 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 and a customer’s exclusive remedy in law, equity and/or otherwise with respect to any Product is capped by the purchase price of the respective Product as shown on the original purchase invoice and shall reduce as per the Depreciated Value based on the year the warranty claim is made. Notwithstanding the foregoing, the manufacturer shall not be liable for any direct, indirect, incidental, special and/or consequential damages including on account of any lost profits alleged by any customer and/or third party.
- This warranty policy shall be governed by the laws of India and disputes, if any, shall be subject to the exclusive jurisdiction of the courts of Mumbai.