LIMITED WARRANTY AS TO THE UNDER STRUCTURE
Orthomatic warrants the metal frame assembly, base box and plywood platform section of this Adjustable Bed against any defect in the workmanship or materials for a period of twenty (20) years from the date of purchase by the Purchaser. Upon proper notice of defect given to Orthomatic during such twenty year period, Orthomatic, at its option, will repair or will replace the metal frame assembly, base box or plywood platform section of the Adjustable Bed found to be defective; provided that if the notice of defect is given to Orthomatic after the first year following the date of purchase, the Purchaser shall be responsible for all labor and transportation costs related to any such repair or replacement. This warranty is subject in all respects to the terms, conditions and limitations under the Additional Terms and Limitations below.
LIMITED ONE (1) YEAR WARRANTY
Orthomatic warrants this Adjustable Bed against any defect in workmanship or materials for a period of one (1) year from the date of purchase by the Purchaser. Upon proper notice given to Orthomatic during the first year after the date of purchase, Orthomatic, at its option and at no cost to the Purchaser, will repair or will replace any Adjustable Bed part found to be defective. Orthomatic will pay all authorized labor and transportation costs associated with any such repair or replacement of any parts found to be defective. This warranty is subject in all respects to the terms, conditions and limitations under the Additional Terms and Limitations below.
LIMITED FIVE (5) YEAR WARRANTY
Orthomatic also warrants this Adjustable Bed against any defect in workmanship or materials for the period from the end of the foregoing One (1) Year Warranty until the end of five (5) years from the original date of purchase by the Purchaser. Upon proper notice given to Orthomatic during the second through the fifth years from the date of the original purchase by the Purchaser, Orthomatic, at its option, will repair or will replace any Adjustable Bed part found to be defective; provided however that the Purchaser shall be responsible for all labor and transportation costs related to any such repair or replacement. This warranty is subject in all respects to the terms, conditions and limitations under the Additional Terms and Limitations below.
LIMITED FIFTEEN (15) YEAR WARRANTY
Orthomatic also warrants this Adjustable Bed against any defect in workmanship or materials for the period from the end of the foregoing Five (5) Year Warranty until the end of fifteen (15) years from the original dates of purchase by the Purchaser, subject to the prorated change provided for below. Upon proper notice given to Orthomatic during the sixth through fifteenth years from the date of the original purchase by the Purchaser, Orthomatic, at its option, will repair or will replace any Adjustable Bed part found to be defective (but only if the Purchaser pays to Orthomatic a charge equal to (a) 1/180 of the full current price of a like adjustable bed part at the time of the notice of defect is received by Orthomatic). The Purchaser shall also be responsible for all labor and transportation costs related to any such repair or replacement. After the fifteenth year, the Purchaser shall bear the entire cost of repair and replacement of all parts and materials, including labor and transportation. The warranty is subject in all respects to the terms, conditions and limitations under the Additional Terms and Limitations below.
ADDITIONAL TERMS AND LIMITATIONS
The Foregoing warranties extend only to the original purchaser of the product hereunder. The warranties shall not apply: if the product has been subjected to abuse, misuse or damage through accident or neglect, or has been damaged in transit or handling, or has been altered or repaired by any unauthorized person or, for products that are to be used with a bed frame or bed bridge, is used with an unapproved bed frame; or if you exceed the weight limit for the product; or if you seek to use the product as a hospital or medical bed; or if you have failed in any other respect to follow the installation, operating and maintenance procedures outlined in the users manual for the product. The authorized sellers dated bill of sale must be retained as evidence of the date of purchase and to establish warranty rights.
The warranties do not cover the mattress, the foundation cover, or other items supplied by dealers/retailers. Contact you dealer/retailer for any separate warranty information on these items.
The warranties do not cover, and Orthomatic will not pay for, any costs associated with unnecessary service calls, such as costs for in-home service calls solely for the purpose of educating the consumer about the use of operation of the Adjustable Bed or identifying an unsatisfactory or improper power connection. Any decision to repair or to replace defective parts under the warranties shall be made by Orthomatic at its option and in its sole discretion. The term of each of the respective warranties is measured from the date the product is first delivered to the Purchaser, and continues for the respective warranty period.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY AND ALL IMPLIED WARRANTIES ON THIS PRODUCT SHALL NOT EXCEED IN DURATION THE DURATION OF THIS LIMITED WARRANTY.
THE LIABILITY OF ORTHOMATIC, IF ANY, AND THE PURCHASERS SOLE AND EXCLUSIVE REMEDY FOR DAMAGES FOR ANY CLAIM OF ANY KIND WHATSOEVER, REGARDLESS OF THE LEGAL THEORY AND WHETHER ARISING IN TORT OR CONTRACT, SHALL NOT BE GREATER THAN THE ACTUAL PURCHASE PRICE OF THE PRODUCT WITH RESPECT TO WHICH SUCH CLAIM IS MADE. IN NO EVENT SHALL ORTHOMATIC BE LIABLE TO THE PURCHASER FOR ANY SPECIAL, INDIRECT, IND\CIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS OR FOR ANY OTHER REASON WHATSOEVER.
