If a dispute arises between you and Wolf Mattress arising out of or relating to this Mattress Warranty, that dispute will be resolved in accordance with the general dispute resolution provisions of the Wolf Mattress 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. You must seek arbitration for disputes arising out of this Mattress Warranty prior to exercising any rights or seeking any remedies created by Title I of the Magnuson Moss Warranty Act or any state law relating to consumer product warranties. As in all other dispute situations under the Wolf Mattress terms of service, an arbitration concerning a dispute arising out of or relating to this 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). Some states do 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.
THE WARRANTIES AND REMEDIES SET FORTH HEREIN AND THE OBLIGATIONS AND LIABILITIES OF THE SELLER AS STATED ABOVE ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO THE PURCHASER AND THE PURCHASER HEREBY WAIVES ALL OTHER REMEDIES, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR PARTICULAR PURPOSE. PURCHASER ACKNOWLEDGES THAT NO OTHER REPRESENTATIONS WERE MADE TO PURCHASER OR RELIED UPON BY PURCHASER WITH RESPECT TO THE QUALITY AND FUNCTION OF THE PRODUCTS HEREIN SOLD.
In the event Wolf Mattress chooses to replace the Mattress, the replacement will be of the same model and size as the original Mattress purchased. In no event will a substitution model be used as a replacement except in the case of a discontinued mattress, in this event a Mattress of like build and design, at Wolf Mattress’ discretion, will be used as a replacement for the defective Mattress.
Disclaimer: Limitations on Liability
To the maximum extent permitted by applicable law, Wolf Mattress and its authorized 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 Wolf Mattress 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 Wolf Mattress 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 Wolf Mattress 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, or (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 Wolf Mattress’ liability exceed the purchase price paid for the mattress giving rise to any such liability.