Hamuq 15 Year Limited Mattress Warranty

Your new Hamuq mattress is covered by a 15-year limited warranty (the “Mattress Warranty”). This limited Mattress Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

A. Products covered by this limited Mattress Warranty

This limited Mattress Warranty extends to mattresses manufactured by Hamuq. Purchased directly from Hamuq authorized retailers, and located in Canada or the United States (not including US territories).

Mattresses are designed to work on a firm, solid-surface, on a bed base that is structurally capable of supporting the weight of the Mattress and user(s). This Mattress Warranty does not cover your Product if you use it in a manner incompatible with that intended design.

B. Who this Mattress Warranty Extends To

This limited Mattress Warranty extends to the original purchaser of any Mattress who is located in Canada and the United States (not including US territories). All Hamuq warranties, including any implied warranties, are valid only for the period of time the Mattress is owned by the original purchaser of the Mattress. The “original purchaser,” for the purposes of this Mattress Warranty, is the first purchaser of the Mattress from Hamuq or an Hamuq authorized retailer. Please retain a copy of your receipt as proof of purchase. All Hamuq limited warranties are not transferable.

C. Hamuq limited Mattress Warranty and responsibilities

Hamuq warrants the Mattress in its original packaging sold to you against the defects in material and workmanship set forth below (“Defects”) for a period of 15 years from the time your Mattress is purchased by you, when the Mattress is used normally for its intended purposes and on a bed base that is structurally capable of supporting the weight of the Mattress and user(s).

D. What this limited Mattress Warranty covers

This limited Mattress Warranty applies to the following Defects:

Deterioration causing the Mattress to have a visible indentation greater than one (1) inches that is not associated with an indentation or sag which results from use of an improper or unsupportive foundation or adjustable bed base. Normal wear requires that a Mattress 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.
Any physical flaw in the Mattress that causes the foam material to split or crack, despite normal usage and proper handling.

This limited Mattress Warranty does not cover the following:

A normal increase in softness of the foam pressure-relieving material which does not affect the pressure-relieving qualities of the Mattress.
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; provided, that the defect is caused by such abuse or damage.
Any mattress (whether manufactured by Hamuq or not) sold by resellers who are not authorized retailers.
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.

In the event of a Defect, Hamuq’s sole and exclusive liability and your sole remedy under this limited Mattress Warranty will be, at Hamuq’s option, to provide a repaired or replacement Mattress, subject to your fulfillment of “Your Responsibilities” below.

E. Your responsibilities

In the event of a Defect and in order to get the benefit of this limited Mattress Warranty, you must return your mattress to Hamuq and provide Hamuq with proof of the original date of purchase and photo evidence of the defect. 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 [email protected]

Hamuq will offer a one-time repair or replacement (as applicable) and ship your Mattress back to you.

F. Disclaimer, limitation on liability

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MATTRESS IS PROVIDED “AS IS” AND THIS WARRANTY AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

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 HAMUQ 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 HAMUQ HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. HAMUQ’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.