Starting from the date of purchase, your new Morgan & Ives Pillow is protected by a two-year limited warranty (the “Pillow Warranty”). Morgan & Ives LLC provides this Pillow Warranty to the initial buyer of the Morgan & Ives Pillow and is only applicable to Pillows purchased directly from Morgan & Ives LLC. The “original purchaser” refers to the first buyer of the Pillow from Morgan & Ives. This Pillow Warranty is not transferable and it applies only to Pillows purchased from Morgan & Ives by the original purchaser. Morgan & Ives guarantees against any defects in material and workmanship of the Pillow for a duration of two years when the Pillow is used as intended for two years by the original purchaser.
This Pillow Warranty extends to you only if you are the original purchaser of the Pillow and have not used it for commercial purposes.
In order to benefit from Morgan & Ives’s Pillow Warranty, you must return the defective Pillow to Morgan & Ives or to the product manufacturer. You must provide a proof of purchase and proof of return. Additionally, you must be the original purchaser of the Pillow and not have used it for commercial purposes. Repackaging costs are not covered under this warranty and Morgan & Ives is not responsible for any costs associated with it. If the Pillow is found to be defective in any way, Morgan & Ives’s exclusive liability and your sole remedy will be to receive a replacement, subject to the aforementioned requirements.
THE PILLOW WARRANTY EXCLUSIONS
This limited warranty does not cover the following: any imperfections in the components, mold, preference for comfort or temperature, transportation charges (if applicable), abuse or unsanitary product conditions, damage caused by improper use or care, or if the pillow is no longer within the 48 contiguous states of the USA. The warranty also does not include reimbursement for any inconvenience, removal, installation, setup time, loss of use, shipping, or any other costs or expenses. Neglecting to follow the manufacturer's care instructions may void this warranty.
Morgan & Ives does not guarantee that this product is suitable for any individual's medical condition, or that it will protect against bacteria, viruses, or other disease organisms. In no case will Morgan & Ives be held responsible for any indirect, special, incidental, or punitive damages arising from the use or inability to use the product. Some states do not allow the exclusion of incidental or consequential damages, so this limitation may not apply.
If the product is found to be in an unsanitary condition or the product failure is due to reasons other than defective material and/or workmanship, Morgan & Ives reserves the right to refuse service and invalidate the warranty. Any warranties provided here are void if the product has been tampered with, misused by the buyer, physically damaged, or is abnormally soiled, abused, or unsanitary due to intentional harm, accidents, or neglect, including mold, damage from burns, cuts, water, stains, or bodily fluids.
This warranty does not cover normal changes in the softness of the memory foam material or decreases in the slow recovery feature (elasticity), as these do not affect the pressure-relieving properties of the foam. In the event of product failure during the warranty period, the consumer's sole and exclusive remedy is the service terms stated in this warranty. Morgan & Ives makes no additional warranties beyond what is outlined in this warranty and does not authorize anyone to create any other obligations or responsibilities on its behalf.
MAKING A CLAIM
To file a warranty claim, please email email@example.com with evidence of the defect and proof of purchase. You must complete and submit a simple claim form along with a clear copy of your original sales receipt to verify your purchase date, and any relevant tags or packaging material.
You may be required to provide transportation or accept freight charges for the product to be inspected or returned to the nearest Morgan & Ives facility. In some cases, Morgan & Ives may request photographs of the claimed defect before accepting the return.
If your claim is approved, Morgan & Ives will repair or replace the product or its components at its discretion. If a replacement is required, Morgan & Ives reserves the right to substitute materials of equal or higher quality if the original product is unavailable. You will receive a replacement product once Morgan & Ives has confirmed that you have returned the defective pillow. Please note that this warranty only covers one (1) replacement during the original warranty period, which begins on your purchase date.
Repairs or replacements made under this warranty will not extend the warranty period. This warranty only covers addresses within the 48 contiguous states of the United States, excluding Alaska and Hawaii. If your product is located outside of these states, you are responsible for any associated costs, including pick-up and return. Morgan & Ives will not reimburse customers for replacement boxes or packaging services.
LIMITATIONS ON LIABILITY
This Pillow Warranty and any implied warranties are your only warranties and replace all other warranties or conditions, express or implied, as permitted by applicable law. The pillow is provided "as is." Some states may not allow limitations on the duration of implied warranties, so this limitation may not apply to you. Some states or jurisdictions may not allow the exclusion of implied warranties, so these exclusions may not apply to you. You may have additional rights that vary from state to state and jurisdiction to jurisdiction. To the extent allowed by applicable law and except as stated in this Pillow Warranty, Morgan & Ives and its suppliers will not be liable for procurement of substitute products or any other special, incidental, consequential, or indirect damages arising from or related to the use of the pillow by you or any third party, whether under a contract, tort (including negligence), indemnity, product liability, or otherwise. This limitation will apply even if Morgan & Ives has been advised of such damages and despite the failure of any essential purpose of a limited remedy. Morgan & Ives's total liability will not exceed the purchase price paid for the pillow that gives rise to such liability. Some states may not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
If a dispute arises between you and Morgan & Ives relating to this Pillow Warranty, it will be resolved in accordance with the general dispute resolution provisions of the Morgan & Ives terms of service. The arbitration conducted under this provision will be deemed final and binding and will not be subject to appeal except in extraordinary circumstances. You must seek arbitration for disputes arising from this Pillow Warranty before exercising any rights or seeking any remedies created by the Magnuson Moss Warranty Act or any state law relating to consumer product warranties. As with all other dispute situations under the Morgan & Ives terms of service, an arbitration relating to a dispute arising from or relating to the Pillow Warranty will not be combined with any other proceeding or arbitration against one of the parties. To the extent allowed by applicable law, you will only be able to assert your own claim and may not appear as a representative of any other person, entity, or class of consumers, including as a private attorney general or otherwise. Some states may not allow the exclusion or limitation of incidental or consequential damages in connection with the sale of consumer products, so the above limitation or exclusion of incidental or consequential damages may not apply to you.
This limited Pillow Warranty will be governed by the laws of the Commonwealth of Massachusetts
Morgan & Ives, LLC. firstname.lastname@example.org
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