For a Gotcha Covered mattress protector/encasement (the “Product”) purchased in the USA and Canada, Sweet Dreams Inc.
Please retain this warranty and original proof of purchase for at least FIVE years from your purchase date.
In addition, in the event that the Product and a NEW mattress are purchased by an individual consumer for HOUSEHOLD use at the same time from the same authorized retailer, Gotcha Covered also warrants to the Purchaser that if the Product fails to protect (due to manufacturing defects in the Product) the mattress sleeping surface against staining while properly covered by the Product during shorter of the Warranty Period (defined above) or the warranty period offered on the mattress by the mattress manufacturer, then Gotcha Covered will, in its sole discretion, either a) have the mattress professionally cleaned (by a 3rd party), b) reimburse the original purchaser a 60 month pro-rated amount for the purchase price of the mattress, or c) replace the mattress with one of comparable quality and value, in each case provided the Purchaser complies with the conditions identified below: The warranty in this paragraph shall terminate in the event that Gotcha Covered satisfies its warranty obligations under this paragraph with respect to a claim; no subsequent claims will be covered for either the replacement Product or mattress in question. Installing (or reinstalling after laundering) an obviously damaged Product voids the warranty in this paragraph. For the avoidance of doubt, the warranty in this paragraph does not apply to mattresses used commercially, the sides of the mattress or
CONDITIONS TO WARRANTIES:
In addition, Gotcha Covered’s obligations under the foregoing warranties are subject to, and conditioned upon, the Purchaser’s compliance with the following conditions: 1. The Product must be inspected for leakage before EVERY washings by laying the Product on a suitable floor and pouring water on the sleeping surface to check for leaks. If the Product leaks discontinue use and contact Gotcha Covered. Failure to inspect for
DISCLAIMERS, LIMITATIONS AND EXCLUSIONS:
The foregoing express warranties are the sole warranties given by Gotcha Covered, and shall extend only to the Purchaser. FOR SALES TO ANY PURCHASER OTHER THAN A CONSUMER PURCHASING FOR HOUSEHOLD USE, ALL IMPIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIUED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTUCULAR PURPOSE OR USE, ARE EXCLUDED AND DISCLAIMED. IN NO EVENT SHALL GOTCHA COVERED BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, EVEN IF GOTCHA COVERED IS ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. The remedies provided herein are the sole and exclusive remedies of the Purchaser and no one is authorized to assume or undertake for Gotcha Covered any other liability in connection with the sale of the Product. Some jurisdictions do not allow for the disclaimers of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. IN the event that the disclaimer of implied warranties is not applicable to you, then such implied warranties shall only remain in effect during the applicable Warranty Period. This warranty gives you specific legal rights and you may have other rights which vary state to state. This warranty is non-transferable. This warranty shall be interpreted in accordance with the internal laws of the state of Texas, without regard to the provisions concerning the conflict of laws. Gotcha Covered reserves the right to revise the warranty it offers in connection with the sales of products from time to time. Accordingly, the warranties set forth in this certificate apply only to the Product accompanied by this warranty certificate. For the latest warranty information for any products offered or sold in the future, please refer to Gotcha Covered’s website: www.gotchacoveredusa.com