Warranty

PONS 10 YEAR LIMITED MATTRESS WARRANTY

Thank you for choosing PONS. We are thrilled that you have decided to evolve your sleep experience. Just like great innovators took us from rowboats to yachts, we believe that this empathetically engineered mattress will provide you with great comfort. However, if you believe your mattress is defective, we invite you to review the mattress warranty below. Please contact us at support@ponsevolution.com if you would like to initiate the warranty process.

WHO AND WHAT IS COVERED UNDER THIS WARRANTY?

Your new PONS mattress is covered by a 10 year limited warranty. The PONS bed frame, sheets, comforters and pillows are not covered by this warranty.

This warranty will cover your mattress if you bought it from www.ponsevolution.com (“Mattress”). It will not cover you if you bought it from some guy in an alley off the back of a truck or anywhere else, including other online retailers such as Amazon or Craigslist. This warranty is non-transferrable. In order to submit a warranty claim, you must be the original owner and you must have a receipt that verifies your purchase. This Mattress is also only covered by warranty when used in a normal residential environment.

PONS warrants that the Mattress will be free from defects in materials and workmanship for a period of 10 years from the time of your Mattress purchase, as long as the Mattress is used for its intended purposes and on a bed base that is structurally sound and supportive of the weight of the Mattress and user(s).

We use the language below to define defects:

• Foam deterioration causing the Mattress to have a visible indentation greater than one and one fourth (1 ¼) of an inch.
• Physical flaws in the Mattress due to faulty workmanship not related to normal usage and proper handling.

This limited Mattress Warranty does not cover the following: Well first, let’s get one thing clear. This Mattress warranty is totally void if the Mattress has been tampered with, if the cover has been unzipped and removed, if the Mattress is physically damaged, burned, cut, abnormally soiled, damaged in a flood or downright disgusting and unsanitary.

Here are the other things the Mattress Warranty does not cover:

• Indentations related to normal use less than one and one fourth (1 ¼) of an inch.
• A normal increase in softness of the foam material.
• Indentations in the foam greater than one and one fourth (1 ¼) of an inch after the 10-year warranty period has passed.

WHAT YOU’LL NEED TO DO:

If you believe your Mattress is defective, please send an email to support@ponsevolution.com to initiate a warranty claim. The subject of your message should be WARRANTY CLAIM, duh.

In the WARRANTY CLAIM email, you will need to provide PONS with the following information:

• Your original sales receipt, which includes your name, contact information and the original date of purchase.
• Photo evidence of the defect
• A written description of the defect

PONS will investigate every claim to determine whether or not a Mattress is defective according to the definitions above. If PONS determines that a Mattress is indeed defective, PONS will not charge you to repair or replace a Mattress. However, if you wish to replace the defective Mattress with a more expensive mattress, you will be required to pay the difference between the original purchase price and the price of the more expensive mattress. If you fail to comply with the warranty claim submission instructions, you will void the warranty. We reserve the right to require evidence in the form of additional photographs, further information, descriptions, video or physical inspection prior to accepting a claim under this warranty.

WHAT WE WILL DO:

If we determine that a Mattress is defective after you have followed the warranty claim process, PONS will ship repair parts or a replacement Mattress to you. The decision on whether to replace a Mattress or to send repair parts is at the sole discretion of PONS. Further, the replacement or repair does not constitute a new warranty period; any replacement or repair of a Mattress will remain under the original warranty period.

DISCLAIMER, LIMITATION ON LIABILITY

Your exclusive remedy, IN LIEU OF ALL INCIDENTNAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING FOR NEGLIGENCE, is limited to repair or replacement of any product or component deemed to be defective under the terms and conditions stated above. PONS will bear no other damages or expenses. PONS reserves the right to refuse to repair or replace any product or component that is in an unsanitary condition. This Limited Warranty applies only to the product as used in the United States. It is not applicable in US territories or other countries.

This Limited Warranty is non-transferrable beyond the original purchaser of the product. PONS may demand proof of eligibility other than listed above, to process any and all warranty claims. PONS reserves the right to inspect any and all return claims prior to issuing a repair, replacement or credit.

Repair or replacement of a product or component under the terms of this limited warranty in no way lengthens the limited warranty period.

ANY IMPLIED WARRANTIES APPLICABLE TO THIS PRODUCT, INCLUDING ANY WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE DURATION OF THIS WRITTEN LIMITED WARRANTY.

DISPUTE RESOLUTION

In the event of a dispute between you and PONS, which is any way related to this 10 Year Limited Mattress Warranty (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this 10 Year Limited Mattress Warranty), you agree that the dispute will be resolved by binding arbitration. Arbitration does not use a jury or jury and court review of an arbitration award is limited. However, arbitrators can make individual damages awards and provide similar relief as a court. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS WARRANTY, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. You further agree that this arbitration will be heard in Hamilton County, Ohio.

Though informal dispute resolution and arbitration is preferred, nothing in this 10 Year Limited Mattress Warranty will allow the waiver or limitation of either party to bring an individual action into small claims court, pursue action through a state, federal or local agency, or seek an injunction in a court of law or file a suit in a court of law to address infringement claims.

Any person or organization who intends to seek arbitration must first send a written notice of the dispute to support@ponsevolution.com. The notice must contain a brief statement describing the dispute, the relief you are seeking and must include your name, address and contact information. It is our preference to resolve disputes informally, but if we are unable to reach an agreement within 30 days after the notice is received, either party may commence an arbitration proceeding. If we have a dispute with you, we will contact you via email titled, Notice of Dispute, to the email we have on file for you.

Any arbitration between you and PONS will be governed by the Federal Arbitration Act, and the Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms and Conditions, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

You shall pay for all filing fees up to the amount that you would have been required to pay to resolve the matter in the court having jurisdiction. PONS will pay for all additional filing and arbitration fees that AAA may impose on you, including all fees charged by the arbitrator for his or her services. Each party shall bear its own attorney's fees and expert witness fees; however, it is understood that the arbitrator will have the same power to award attorney's fees to the prevailing party as a court would have with respect to the same claims.

You agree that you may only choose to resolve any dispute on an individual basis and not as a plaintiff or class member or representative action or proceeding. Further, unless you and PONS otherwise agree, the arbitrator may not consolidate more than one person’s claims or preside over any form or class, consolidated or representative proceeding.

This 10 Year Limited Mattress Warranty will be governed and construed in accordance with the laws of the State of Ohio, excluding its conflicts of law rules or law principles. Should these Terms and Conditions permit a lawsuit or trial, you agree to submit to the jurisdiction and venue of the state and federal courts located in Cincinnati, Ohio.