Neck-Relief™ Limited Warranty Information
At CerviPedic™ we are dedicated to making products of uncompromising quality and craftsmanship. The CerviPedic Neck-Relief™ support comes with a Limited 1 Year Warranty. CerviPedic guarantees the original purchaser that the CerviPedic Neck-Relief™ support will be replaced or repaired, at our option, without cost to you, should it be deemed defective because of faulty workmanship or structural defects during this 1 year limited warranty period, excluding the specific limitations contained herein.
- Defects in materials and workmanship in this product.
- This limited warranty does not cover any damage, deterioration or malfunction resulting from any alteration, modification, improper or unreasonable use or maintenance, misuse, abuse, accident, neglect, exposure to excess moisture, fire, sunlight, steam, improper packing and shipping (such claims must be presented to the carrier), lightning, power surges, or other acts of nature, damage directly or indirectly caused by people, animal or things, due to non-compliance with the recommended use and care instructions.
- This limited warranty does not cover any damage, deterioration or malfunction resulting from any unauthorized tampering with this product, any repairs attempted by anyone unauthorized by CerviPedic to make such repairs, or any other cause which does not relate directly to a defect in materials and/or workmanship of this product.
- This limited warranty does not apply to normal wear and tear of the cover, fabric or internal foam structure. Nor does it apply to changes in softness (which takes place over the years), which is natural and does not affect the characteristics of the Neck-Relief™ support.
Important information regarding this warranty:
- Register your product with CerviPedic within 30 days of purchase for this warranty to be valid. To do so visit cervipedic.com/warranty
- In order to pursue any remedy under this limited warranty, you must possess an original, dated receipt as proof of purchase from an authorized CerviPedic reseller. If this product is returned under this limited warranty, a return authorization number, obtained from CerviPedic, will be required. You may also be directed to an authorized reseller or a person authorized by CerviPedic to repair or exchange the Neck-Relief™ support. If it is decided that this product should be returned directly to CerviPedic, this product should be properly packed, preferably in the original carton, for shipping. Cartons not bearing a return authorization number will be refused.
- All warranties contained herein shall not apply if the product or cover has been physically damaged, burned, cut, torn or is abnormally soiled or unsanitary.
Disclaimer, limitation on liability
To the extent permissible by applicable law, the neck-Relief™ support 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 warranty, in no event will CerviPedic 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 Neck-Relief™ support 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 CerviPedic has been advised of such damages and notwithstanding the failure of essential purpose of any limited remedy. CerviPedic’s total liability will not exceed the purchase price paid for the Neck-Relief™ support 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.
In the event a dispute arises between you and CerviPedic arising out of this Limited Warranty, such dispute will be determined and settled by binding arbitration between the parties, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). More information about the AAA is located at www.adr.org, or you can call the AAA at 1-800-778-7879.
You must seek arbitration for disputes arising out of this Limited Warranty prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act. If you choose to pursue any rights and remedies that are not created by Title I of the Magnuson Moss Warranty Act, then arbitration is not required.
Arbitration will take place in Santa Ana, California.
The arbitration will not be combined with any other proceeding or arbitration against one of the parties. Each party will designate one arbitrator and the two designated arbitrators will select a third arbitrator, who will serve as the chair of the arbitration panel. If the two arbitrators cannot agree on the third arbitrator, then the AAA will appoint the third arbitrator. Barring extraordinary circumstances, the arbitrators will issue their decision within 120 days from the date the third arbitrator is selected by the two designated arbitrators or appointed by the AAA. The arbitrators may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all related records will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The decision and the arbitrators’ award will be in writing and will include a statement setting forth the reasons for the disposition of any claim. A dissenting decision will also be set forth in writing. The arbitrators’ award will be final and binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction.
This limited Warranty will be governed by the laws of the State of California.
2210 S. Huron Dr. Santa Ana, CA 92704