Hybrid Mattress – 15-Year Limited Warranty

The Limited Warranty begins on the date of delivery of your Peace Lily Hybrid Mattress from Peace Lily Sleep Pty Ltd ("Peace Lily"). Because we at Peace Lily believe in our Peace Lily Hybrid Mattress, and we want to provide our customers with high-quality, long-lasting products, we are hereby extending this fifteen (15) year promise.

Peace Lily warrants the Hybrid Mattress against the defects in material and workmanship set forth below (“Defects”) for a period of 15 years from the time your Hybrid Mattress is purchased by you when the Hybrid Mattress is used normally for its intended purposes on top of a proper bed frame.

If your Hybrid Mattress has a defect covered under this Hybrid Mattress Warranty, Peace Lily’s sole and exclusive liability (and your sole remedy under this Hybrid Mattress Warranty) will be, at Peace Lily’s option, to provide a replacement Hybrid Mattress, subject to the fulfilment of your obligations as set forth herein.

In the event Peace Lily chooses to replace the Hybrid Mattress, the replacement will be of the same model and size as the original Hybrid Mattress purchased. In no event will a substitution model be used as a replacement except in the case of a discontinued Hybrid Mattress, in this event a Hybrid Mattress of like build and design, at Peace Lily's discretion will be used as a replacement for the defective Hybrid Mattress.

This warranty is subject to revision and change. Please retain a printout of this page for future reference.

What this Limited Warranty Covers:

Years 1-10: Full Coverage — Non-prorated

During the first ten (10) years of the Hybrid Mattress Warranty, Peace Lily will not charge the purchaser to repair or replace the purchaser’s mattress if it qualifies under the Hybrid Mattress Warranty. This period is non-prorated which means that Peace Lily does not charge a percentage of the repair costs or replacement product based on the amount of time you slept on the mattress prior to noticing a defect. Proof of direct, authorised purchase is required with all warranty claims. This warranty applies only to The Peace Lily Hybrid Mattress and is not extended to other products in the Peace Lily product line.

Years 11-15: Limited Coverage — Prorated

During years 11-15 of the Hybrid Mattress Warranty, Peace Lily will, at its option, replace the mattress at a prorated charge to the purchaser in addition to transportation and/or shipping charges. The prorated replacement charge will be dependent on the year that the Hybrid Mattress is replaced.

If the Hybrid Mattress is replaced during the eleventh year, the prorated replacement charge the purchaser pays will be 50% of the original purchase price.

If the Hybrid Mattress is replaced after the eleventh year but before the fifteenth year, the prorated replacement charge the purchaser pays will increase by 10% for each subsequent year of the prorated period (i.e. 60% of the original purchase price)

Your Responsibilities:

The Hybrid Mattress Warranty begins at the time the Hybrid Mattress is purchased by you when the Hybrid Mattress is used normally for its intended purposes and on a rigid, solid surface or slatted bed base that is structurally capable of supporting the weight of the Hybrid Mattress and user(s) and does not have a damp or moist surface. The Hybrid Mattress must be on a bed base without treatment or finishes that can cause mould. The Hybrid Mattress must be used in a low-humidity room to prevent mould growth. The Hybrid Mattress must be kept away from direct sunlight and kept out of close proximity to any heating devices.

A proper bed frame is defined, for the purpose of this Hybrid Mattress Warranty, as having at least four (4) leg supports for the Hybrid Mattress and being sturdy enough to support 100kg in Hybrid Mattress weight plus the total user weight. For all-size slatted style bed frames, there cannot be greater than nine (9) centimetres or three and a half (3.5) inches between each slat in order to provide ample structural support for the foundation and user(s). Flexible slats are generally well-suited for hybrid mattresses due to their ability to enhance comfort and support. However, careful consideration of the slat quality, spacing, and overall bed frame construction is essential to ensure optimal performance and longevity of the mattress.

In the case of a Hybrid Mattress that is packaged in a compressed and rolled manner, also referred to as a “bed-in-a-box,” your Hybrid Mattress Warranty is valid if your product was opened within two (2) weeks of receiving the Hybrid Mattress to prevent compression for an extended period of time. A Hybrid Mattress that is compressed for a prolonged period will have structural damage and/or condensation from being packaged for an extended period of time.

Peace Lily makes no medical or health claims regarding its Hybrid Mattresses. Allergies, discomfort, or other conditions, are not covered under this Hybrid Mattress Warranty. Any questions or concerns regarding medical or health conditions should be addressed by a licensed physician.

To maximise the lifespan of the Hybrid Mattress it is recommended that users rotate their Hybrid Mattress head-to-toe, once a month for the first six months, then every other month for the life of the Hybrid Mattress, to ensure even wear.

In the event of a replacement Hybrid Mattress, Peace Lily may ask you to donate the used Hybrid Mattress to charity to help repurpose the Hybrid Mattress for someone in need. In that case, you will be required to follow the instructions of Peace Lily and provide a written receipt or proof of return for disposal or donation of the original, defective Hybrid Mattress, from a legitimate organisation. This Hybrid Mattress Warranty is not transferable and applies only to a mattress purchased from Peace Lily by the original purchaser.

Who This Limited Warranty Is Extended To:

This Limited Warranty extends to the initial, “original” purchaser of this product only and not to any possible future owner(s) of the product. For purposes of this Limited Warranty, an “original” purchaser is the individual or entity who purchased this mattress from Peace Lily directly or, as the case may be, from an authorised retailer, distributor or dealer.

Defects Covered Under The Hybrid Mattress Warranty:

Any visible indentation is equal or greater than two and a half (2.5) centimetres that are not associated with or resulting from a faulty, improper or unsupportive foundation, box spring or platform that is not designed or constructed so that it is capable of handling the combined weight of the Hybrid Mattress and its intended users.

The indentation must be visible to the naked eye when no weight is applied to the top of the Hybrid Mattress. If the purchaser uses an inappropriate foundation, box spring or base as determined by Peace Lily, the Hybrid Mattress Warranty, without limitation, will be void. Peace Lily will require the purchaser to provide proof of the quality of the foundation, box spring or base used.

Any physical flaw in the natural latex foam that causes it to split or crack under conditions of normal use and proper handling will be covered.

This Hybrid Mattress Warranty Does Not Cover:

Normal wear and tear or any condition resulting from misuse or abuse of the Hybrid Mattress or failure to keep the Hybrid Mattress clean and free of stains and potentially unsanitary conditions.

A normal increase in softness due to normal usage.

Comfort preference. Any comfort level description of any Hybrid Mattress is solely provided as a guideline and Peace Lily does not guarantee the firmness or softness quality of any Hybrid Mattress, nor does it warrant that a particular comfort preference will be to your liking.

Mould, odours, and/or discolouration caused by abnormal care including, but not limited to liquid spills, improper ventilation including, but not limited to humid climates and/or areas where the Hybrid Mattress is exposed to excessive water or humidity.

Damage associated with an improper bed frame, foundation, box spring, or base as determined by Peace Lily.

Imperfections that do not prevent ordinary use and enjoyment of the Hybrid Mattress by a reasonable person are not considered to be defects. For example, surfaces may not be perfectly even, and corners may not be perfectly shaped or symmetrical. These are not defects for which you can seek a remedy under this Hybrid Mattress Warranty.

More specifically, this Hybrid Mattress Warranty excludes:

(a) minor imperfections and slight cosmetic flaws.
(b) normal wear and tear.
(c) tears, stains, soiling, burns, and discolouration that occur over time.
(d) dampness or mould.
(e) individual or personalised preferences relating to firmness, texture, and comfort.
(f) normal body impressions not greater than two and a half (2.5) centimetres in the Hybrid Mattress as measured below the quilt level — in other words, some settling of the fibre in the quilt should be expected and is not considered a defect).
(g) individual or personalised allergies and sensitivities.
(h) naturally occurring cotton, wool, or latex foam aromas.
(i) due to the nature of the fabric, the organic cover may appear to stretch slightly.

In addition, this Hybrid Mattress Warranty does not cover conditions resulting from abusive handling, misuse, or neglect. Accordingly, the following circumstances, if discovered upon inspection, will void your Warranty:

(a) Any unsanitary condition.
(b) Burns.
(c) Use of the product on an improper bed frame.
(d) Using our Hybrid Mattress directly on the floor.
(e) Physically abusing the Hybrid Mattress.
(f) Attempting to clean the Hybrid Mattress in an inappropriate manner.
(g) Improper storage of the Hybrid Mattress (including storage in damp locations, areas infested with insects or rodents, do not store folded or in any other unprotected storage areas).
(h) Purchase from resellers who are not authorised retailers.

Peace Lily shall not be liable for incidental or consequential damages resulting from the use of this product or arising out of any breach of this limited warranty; the exclusive remedy for breach of this warranty shall be replacement or credit towards replacement as set forth herein. There are no express or implied warranties, including implied warranties of merchantability and fitness for a particular purpose, other than the warranty described on the face of this limited warranty. In any case, the extent of liability on the part of Peace Lily will be limited to that of the purchase price of the product.

All parts of this limited warranty apply to the maximum extent permitted by law or unless prohibited by law. This limited warranty gives the purchaser specific legal rights, and the purchaser may also have other rights, which may vary from state to state.

How To File A Claim Under This Warranty:

To file a claim under the terms of this Limited Warranty, please contact Peace Lily by emailing us at info@peacelily.co.nz. Please have your proof of purchase documentation ready and available. In the event that a warranty claim is filed and a product replacement is deemed necessary, the purchaser must surrender the original product to Peace Lily.

In the event that you, the purchaser, make a claim under this Limited Warranty, Peace Lily will assess the mattress first, If deemed faulty, within thirty days, Peace Lily will repair or replace the mattress, if it is found to abide by the Warranty conditions and be defective. Peace Lily will pay for shipping costs associated with the replacement product to the original purchaser.

You Must Also Provide:

Valid original proof of purchase demonstrating the date of purchase and that the claimant is the original purchaser and still has the Hybrid Mattress.

You will be required to send in full-length photos which need to include a brief narrative describing the defect and how it is affecting the performance of the Hybrid Mattress.

Please send all requested documentation to info@peacelily.co.nz. You are responsible for submitting your claim with sufficient supporting documentation for Peace Lily to provide a remedy if necessary. Peace Lily reserves the right, in Peace Lily's sole discretion, to require photographs, further information or descriptions, or to send a representative or independent mattress inspector to physically inspect the Hybrid Mattress prior to accepting your claim under this Hybrid Mattress Warranty. Your Mattress Warranty may be voided if you refuse to cooperate with an investigation, provide adequate responses to requests, or comply with any provision of this Hybrid Mattress Warranty.

The serviceable area for all Peace Lily products is addressed within all states of New Zealand only. If your Peace Lily product is located outside of New Zealand, you are responsible for any costs associated with pick-up or donation.

Disclaimer (Limitations On Liability):

To the maximum extent permitted by applicable law, Peace Lily and its authorised resellers, distributors, and/or suppliers make no representations, warranties or conditions, express or implied, beyond those set forth in this warranty and non-puffery claims in Peace Lily marketing materials. each of those parties disclaims any and all warranties or conditions, express, statutory and implied. Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you. There are no warranties that extend beyond the face of this document.

In no event will Peace Lily or its resellers, distributors, and/or suppliers be liable for any damages, including without limitation any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from your or any third party’s purchase and/or use of the product, even if Peace Lily or such other party has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from

(1) breach of contract
(2) breach of warranty
(3) negligence
(4) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.

Some jurisdictions do not allow the limitation or exclusion of certain damages, warranties or conditions, so some of the above limitations may not apply to you. In no case shall Peace Lily’s liability exceed the purchase price paid for the Hybrid Mattress giving rise to any such liability.

Arbitration:

If a dispute arises between you and Peace Lily arising out of or relating to this Hybrid Mattress Warranty, that dispute will be resolved in accordance with the general dispute resolution provisions of the Peace Lily terms of service. The arbitration conducted pursuant to this provision will be deemed final and binding and will not be subject to appeal absent extraordinary circumstances.

As in all other dispute situations under the Peace Lily terms of service, an arbitration concerning a dispute arising out of or relating to the Hybrid Mattress Warranty will not be combined with any other proceeding or arbitration against one of the parties. In addition, to the maximum extent permitted by applicable law, you will only be permitted to assert your own claim, and may not appear as a representative of the interests of any other person, entity or class of consumers (including a private attorney general or otherwise).