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Products

The Products are covered by warranty only if they are used on a firm, flat, solid-surface, non-spring foundation (whether non-moving type or adjustable type) sufficiently strong to remain flat and firm under the weight of the Product and its users, from the date of delivery onward to the date of the warranty claim without interruption; otherwise the warranty is void. Other placement (whether long or short term) of the Product, including but not limited to foundations of other description, a storage facility in any orientation, or use of a non-sufficient frame beneath the foundation, voids this warranty and all other express or implied warranties including but not limited to merchantability or fitness for a particular purpose. A sufficient frame on which the foundation rests must provide sturdy support for both the Product and foundation and in the case of a queen or larger must have 5 or more legs including a center support. Eight may require purchaser to provide proof of the sufficiency of the foundation and frame and of the constancy since purchase of the support of the Product and foundation thereon before this warranty will apply. This warranty shall not apply if Eight determines in its reasonable discretion that the Product or foundation has been damaged, abused, or neglected; it shall be reasonable without limitation to make such determination if the following are present: Tears, stains, odors, unsanitary conditions, folds, footprints, burns, cuts, or signs of jumping on the bed, rodents, insect damage or other infestation, damage from liquids or gels or blood or bodily fluids or other fluids, or damage from weather or sun exposure. Eight highly recommends the use of a very stretchy, breathable Product protector because without such protection your Product may not be clean enough or undamaged enough to have this warranty apply. Please note that a non-stretchy or non-breathable Product protector (or non-stretchy tight sheets) will negate much of the benefit of the Eight Smart Bed. For the health and safety of anyone who would be required to dispose of, or otherwise handle, the sleep set, Eight and its retailers or agents may refuse to inspect such products to assess whether covered by the warranty, in which case, Eight reserves the right to deny warranty coverage. Photos may be requested to be sent by internet to Eight. Localized firmness changes are normal and are not covered under warranty. Comfort preferences are not covered under warranty. The Product must be always covered in use or the warranty is void (UV light degrades cushioning materials).

What is covered

This Limited Warranty covers the following instances during normal use:

  1. Deterioration of the foam resulting in a visible indentation greater than one (1) inch that is not associated with an indentation or sag as a result of an improper or unsupportive foundation or base. Normal wear requires that a purchaser’s Product be continuously supported by a matching, solid foundation, base, or frame substantial enough to support the Product and occupant(s).
  2. Any physical flaw in the craftsmanship of the Product that causes permanent damage to the memory foam despite proper setup and normal use.
  3. Any physical flaw in the craftsmanship of the cover, including seams and zipper assembly. Eight may, at its own option, repair or replace the cover provided on the Product. In the event that Eight replaces the white mattress encasement wrapping the foam of the mattress (the “Mattress Cover”), Eight will replace it with the current style of cover available for the Product, which may be of a different color, design, or material than the original cover provided.

What is not covered

This Limited Warranty does not cover:

  1. A normal increase in softness of the memory foam which is normal and does not affect the pressure-relieving quality of the Product.
  2. Comfort preference.
  3. Physical abuse or damage to the structure and / or cover material, including but not limited to, burns, cuts, tears, liquid damage & stains, or  soiling.
  4. Damage from using an improper bed frame, foundation, platform bed, or adjustable base.
  5. Replacement(s) of another piece in the Eight sleep system, unless other piece(s) is also defective.
  6. Product sold by resellers who are not authorized retailers.
  7. Product sold “as-is”, “preconditioned”, “reconditioned”, “used”, “comfort return”, “returned”, “previously owned”, or any other similar wording indicating that the product is not “new” or of “first quality”, or has previously been purchased or used by another consumer.

Product Replacement Terms

Except as otherwise provided herein, Eight will not charge purchaser to repair or replace purchaser’s Product if it is deemed defective during the length of this 10 year Limited Warranty, but any transportation or shipping costs associated with any such repairs or replacements are purchaser’s responsibility. No new warranty is provided on a replacement product. The warranty for the replacement product runs from the date of  purchase of the original product. In connection with the replacement of a product in compliance with the terms of this Limited Warranty, if a purchaser elects to upgrade to a more expensive product, purchaser may do so by paying the difference between the cost of the original product being replaced and the cost of the upgraded product, plus the cost of any related additional sleep system pieces not being replaced as part of the warranty exchange. In the event of an upgrade as described in this paragraph, a new warranty will be provided for the upgraded product and related additional sleep system pieces only.

Eight will not charge purchaser to repair or replace purchaser’s Product if it is reasonably deemed by Eight to be defective according to the terms herein during the first ten (10) years since the original purchase. Any to-or-from transportation handling and costs and inspection costs associated with repairs or replacements are the responsibility of purchaser. The warranty for any repaired or replaced Product runs from the date of original purchase and not from the date of the replacement. Whether to repair or to replace the Product shall be at Eight’s sole option. The cover is not part of the 10-year warranty and is separately addressed in the next paragraph.

The Mattress Cover wrapping the foam together (please note we are not talking about the technology layer) is warranted for two (2) years from the date of purchase against faults in material or workmanship. Eight may choose at its sole option to replace the cover with the same or different (as one example, a different color or material) cover or to repair the cover. Purchaser is responsible for to-or-from transportation, handling and inspection costs.

 

THE WARRANTIES AND REMEDIES SET FORTH HEREIN AND THE OBLIGATIONS AND LIABILITIES OF SELLER AS STATED ABOVE ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO PURCHASER AND PURCHASER HEREBY WAIVES ALL OTHER REMEDIES, WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR PARTICULAR PURPOSE.  PURCHASER ACKNOWLEDGES THAT NO OTHER REPRESENTATIONS WERE MADE TO PURCHASER OR RELIED UPON BY PURCHASER WITH RESPECT TO THE QUALITY AND FUNCTION OF THE PRODUCTS HEREIN SOLD.

Warranty coverage additional limitations

If replacement of a Product or cover takes place, the product being replaced must be sent to Eight or otherwise disposed of as directed by Eight. EIGHT SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY BREACH OF THIS WARRANTY OR RESULTING FROM THE USE OF ANY PRODUCT, COVER, FOUNDATION, FRAME, PILLOW, TOP-OF-BED PRODUCT (SUCH AS COMFORTERS, SHEETS, MATTRESS PROTECTORS OR BLANKETS) OR ACCESSORY. REPLACEMENT OR REPAIR AS SET FORTH HEREIN SHALL BE THE EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF MERCHANTABILITY. THE ONLY WARRANTY IS THE WARRANTY DESCRIBED ON THE FACE OF THIS LIMITED WARRANTY. THIS WARRANTY IS NOT EFFECTIVE IF THE PRODUCT IS USED OUTSIDE THE USA (there may be a separate warranty for non-U.S. products, but be advised that it may not be from Eight). Some states do not allow the exclusion or limitation of incidental or consequential damages or limitations on how long an implied warranty lasts, so limitations or exclusions herein may not apply. This warranty provides the original purchaser specific legal rights, and there may be other rights which vary from state to state.

Arbitration

In the event a dispute arises between you and Eight arising out of this Limited Warranty, such dispute will be determined and settled by binding arbitration between the parties, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). More information about the AAA is located at www.adr.org, or you can call the AAA at 1-800-778-7879.

You must seek arbitration for disputes arising out of this Limited Warranty prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act. If you choose to pursue any rights and remedies that are not created by Title I of the Magnuson Moss Warranty Act, then arbitration is not required.

Arbitration will take place in New York, New York.

The arbitration will not be combined with any other proceeding or arbitration against one of the parties. Each party will designate one arbitrator and the two designated arbitrators will select a third arbitrator, who will serve as the chair of the arbitration panel. If the two arbitrators cannot agree on the third arbitrator, then the AAA will appoint the third arbitrator. Barring extraordinary circumstances, the arbitrators will issue their decision within 120 days from the date the third arbitrator is selected by the two designated arbitrators or appointed by the AAA. The arbitrators may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all related records will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The decision and the arbitrators’ award will be in writing and will include a statement setting forth the reasons for the disposition of any claim. A dissenting decision will also be set forth in writing. The arbitrators’ award will be final and binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction.

Trademarks Notice

All trademarks, service marks, trade names, logos, and icons are proprietary to Eight Sleep Inc. Nothing contained on the web site should be construed as granting any license or right to use any trademark displayed on this website without the written permission of Eight Sleep Inc. Your use of the trademarks displayed on this website, or any other content on this website is strictly prohibited.

Governing Law

This Limited Warranty will be governed by the laws of the State of New York.

Warrantor

Eight Sleep, Inc., 146 Duane Street, 10013 New York, NY

 

How to Contact Eight for Warranty Issues:

You may contact Eight by emailing us at [email protected] Contact information may change from time to time, and Eight’s then-current website may be consulted for latest contact information.

1 YEAR LIMITED TECHNOLOGY LAYER AND SLEEP TRACKER WARRANTY

1 YEAR LIMITED TECHNOLOGY LAYER AND SLEEP TRACKER WARRANTY

Eight Sleep Inc. (“Eight’) warrants to the original purchaser that your Eight-branded technology layer sold together with and as part of the Eight Smart Mattress and/or your Eight Sleep Tracker device (collectively, the “Product”) shall be free from defects in materials and workmanship under normal use for a period of one (1) year from the date of purchase, except that if you reside in the European Economic Area (EEA) and you purchased your Product product in the EEA, the warranty period is two (2) years from the date of purchase (the “Warranty Period”).

 

Remedies

If such a defect arises and a return authorization request is received by Eight within the applicable Warranty Period, Eight will, at its option and to the extent permitted by law, either (1) repair the Product at no charge, using new or refurbished replacement parts or (2) replace the Product with a new or refurbished Product. In the event of such a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. This Limited Warranty is valid only in the jurisdictions where the Products are sold by Eight itself or through its authorized reseller or agent and is valid to the extent permitted by the applicable laws of such jurisdictions. Any replacement Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, or for any additional period of time that may be required by applicable law.

How to obtain warranty service

To obtain warranty service, a return authorization must be requested from our customer service team. To request a return authorization, please contact customer service at [email protected] (please note that contact details might change therefore always check on our website). The return authorization number must be included along with your returned product. You must deliver the Product, in either its original packaging or packaging providing an equal degree of protection, to the address specified by Eight. As may be required by applicable law, Eight may require you to furnish proof of purchase details and/or comply with other requirements before receiving warranty service. It is your responsibility to backup any data, software, or other materials you may have stored or preserved on the Product. It is likely that such data, software, or other materials will be lost or reformatted during warranty service, and Eight will not be responsible for any such loss.

Exclusions and limitations

Eight does not warrant that the operation of the Product will be uninterrupted or error-free. This Limited Warranty does not cover software embedded in any Product and related services provided by Eight. See the Eight Terms of Service for details of your rights with respect to use of the software and related services.

Except where prohibited by applicable law, this Limited Warranty applies only to the original purchaser of the Product that was purchased from an authorized reseller or sales channel and manufactured by or for Eight that can be identified by an authorized “Eight” trademark, trade name, or logo affixed to it. Without limiting the foregoing, the Limited Warranty does not apply to any (a) Eight products and services other than the Products, (b) non-Eight products, even if included or sold with a Product, including, without limitation, any counterfeit products, (c) products that are, or Eight reasonably believes to be, stolen, (d) consumables (such as batteries), or (e) software, even if packaged or sold with the Product or embedded in the Product. This Limited Warranty does not apply to products with the “Made for Eight” or “Works with Eight” logos Eight accessories.  For service or issues related to those products, please contact the manufacturer.

This warranty does not apply to a Product or part of a Product that has been serviced, altered, refurbished, or modified by anyone who is not authorized by Eight, nor does it apply to any cosmetic damage such as scratches and dents. In addition, this Limited Warranty does not apply to damage or defects caused by (a) use with non-Eight products; (b) accident, abuse, misuse, mishandling, flood, fire, earthquake or other external causes; (c) normal wear and tear or aging of the Product such as discoloration or stretching; or (d) operating the Product (i) outside the permitted or intended uses described by Eight, (ii) not in accordance with instructions provided by Eight, or (iii) with improper voltage or power supply.

No Eight reseller, distributor, agent or employee is authorized to make any modification, extension, or addition to this Limited Warranty. If any term contained herein is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.

Implied warranties

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY. Some jurisdictions do not allow limitations on the duration of an implied warranty, so the above limitation may not apply to you.

Limitation of damages

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, EIGHT SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE OR DATA, RESULTING FROM ANY BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION OR UNDER ANY OTHER LEGAL THEORY, EVEN IF EIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Arbitration

In the event a dispute arises between you and Eight arising out of this Limited Warranty, such dispute will be determined and settled by binding arbitration between the parties, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). More information about the AAA is located at www.adr.org, or you can call the AAA at 1-800-778-7879.

You must seek arbitration for disputes arising out of this Limited Warranty prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act. If you choose to pursue any rights and remedies that are not created by Title I of the Magnuson Moss Warranty Act, then arbitration is not required.

Arbitration will take place in New York, New York.

The arbitration will not be combined with any other proceeding or arbitration against one of the parties. Each party will designate one arbitrator and the two designated arbitrators will select a third arbitrator, who will serve as the chair of the arbitration panel. If the two arbitrators cannot agree on the third arbitrator, then the AAA will appoint the third arbitrator. Barring extraordinary circumstances, the arbitrators will issue their decision within 120 days from the date the third arbitrator is selected by the two designated arbitrators or appointed by the AAA. The arbitrators may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all related records will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The decision and the arbitrators’ award will be in writing and will include a statement setting forth the reasons for the disposition of any claim. A dissenting decision will also be set forth in writing. The arbitrators’ award will be final and binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction.

Govering law

This Limited Warranty will be governed by the laws of the State of New York.

National statutory rights

Consumers in some jurisdictions may have legal rights under applicable national legislation governing the sale of consumer goods, including, without limitation, national laws implementing EC Directive 99/44. These rights are not affected by the warranties in this Limited Warranty.