CASPER SLEEP 10 YEAR LIMITED MATTRESS WARRANTY

Your new Casper mattress is covered by a 10 year limited warranty (the “Mattress Warranty”).This limited Mattress Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

A. Products Covered by this Limited Mattress Warranty

This limited Mattress Warranty extends to mattresses manufactured by Casper Sleep, Inc. (“Casper”) and purchased directly from Casper or Casper’s authorized retailers (the “Mattresses”). Some parts of this limited Mattress Warranty also extend to covers sold with Mattresses (“Mattress Covers”). Mattresses are designed to work on a firm, solid-surface, on a bed base that is structurally capable of supporting the weight of the Mattress and user(s). This Mattress Warranty does not cover your Product if you use it in a manner incompatible with that intended design.

B. Who this Mattress Warranty Extends To

This limited Mattress Warranty extends to the original purchaser of any Mattress. All Casper warranties, including any implied warranties, are valid only for the period of time the Mattress is owned by the original purchaser of the Mattress. The “original purchaser,” for the purposes of this Mattress Warranty, is the first purchaser of the Mattress from Casper or a Casper authorized retailer. Please retain a copy of your receipt as proof of purchase. All Casper limited warranties are not transferable.

C. Casper's Limited Mattress Warranty and Responsibilities

Casper warrants the Mattress in its original packaging sold to you against the defects in material and workmanship set forth below (“Defects”) for a period of 10 years from the time your Mattress is purchased by you, when the Mattress is used normally for its intended purposes and on a bed base that is structurally capable of supporting the weight of the Mattress and user(s).

D. What this Limited Mattress Warranty Covers

This limited Mattress Warranty applies to the following Defects:

  • Deterioration causing the Mattress to have a visible indentation greater than one (1) inch that is not associated with an indentation or sag which results from use of an improper or unsupportive foundation or adjustable bed base. Normal wear requires that a Mattress be continuously supported by a matching foundation or adjustable bed base with a proper bed frame sufficient to support the collective weight of the Mattress and foundation.
  • Any physical flaw in the Mattress that causes the foam material to split or crack, despite normal usage and proper handling.
  • Any manufacturing defect in the zipper assembly of the Mattress Cover.

This limited Mattress Warranty does not cover the following:

  • A normal increase in softness of the foam pressure-relieving material which does not affect the pressure-relieving qualities of the Mattress.
  • Comfort preference.
  • Physical abuse or damage to the structure and/or cover material, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the defect is caused by such abuse or damage.
  • Replacement of any non-defective pieces in the Casper sleep system (for example, if you purchase a mattress with multiple components and only one component is defective, then we will only replace the defective component).
  • Any mattress (whether manufactured by Casper or not) sold by resellers who are not authorized retailers.
  • Mattresses sold “as-is”, “preconditioned”, “reconditioned”, “used”, “comfort return”, “returned”, “previously owned”, or any other similar wording indicating that the Mattress is not “new” or of “first quality”, or has previously been purchased or used by another consumer.

In the event of a Defect, Casper’s sole and exclusive liability and your sole remedy under this limited Mattress Warranty will be, at Casper’s option, to provide a repaired or replacement Mattress or Mattress Cover, subject to your fulfillment of “Your Responsibilities” below. Replacement Mattress Covers may be provided in a color different from the Mattress Cover you originally purchased.

E. Your Responsibilities

In the event of a Defect and in order to get the benefit of this limited Mattress Warranty, you must return your Mattresses or Mattress Cover to Casper and provide Casper with proof of the original date of purchase. Should shipping costs be required to return your Mattress, you will not be responsible for those costs. Evidence of a Defect and any claims must be sent to the address set forth at the end of this limited Mattress Warranty. If you wish to replace your Mattress with a more expensive Mattress (an “Upgrade Mattress”), then please e-mail Casper at the e-mail address set forth at the end of this limited Mattress Warranty. You will be required to pay the difference between the original purchase price of the Mattress and that of the Upgrade Mattress, plus the cost of any related additional system pieces necessary for such Upgrade Mattress.

Casper will repair or replace (as applicable) and ship your Mattress or Upgrade Mattress back to you. You will be responsible for any shipping costs associated with shipping replaced or repaired Mattresses.

Replaced or repaired Mattresses that are not Upgrade Mattresses are subject to the same limited Mattress Warranty as the original Mattress. For example, if you obtain a replaced or repaired Mattress that is the same style and price as the original Mattress, then the warranty term of the replaced or repaired Mattress begins from the date of purchase of the original Mattress. If you purchase an Upgrade Mattress, then you obtain a new limited Mattress Warranty, and the warranty term will begin upon the purchase of the Upgrade Mattress.

F. Disclaimer, Limitation on Liability

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MATTRESS 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 MATTRESS WARRANTY, IN NO EVENT WILL CASPER 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 MATTRESS 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 CASPER HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CASPER’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE MATTRESS 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.

G. Arbitration

In the event a dispute arises between you and Casper arising out of this Limited Mattress 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 Mattress 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 New York, New York.

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.

H. Governing Law

This limited Mattress Warranty will be governed by the laws of the State of New York.

I. Warrantor

Casper Sleep, Inc.
230 Park Avenue South, 13th Floor, New York, NY 10003
support@casper.com

CASPER SLEEP 1 YEAR LIMITED SHEETS WARRANTY

Your new Casper Sheets are covered by a 1 year limited warranty (the "Sheets Warranty"). This limited Sheets Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

A. Products Covered by this Limited Sheets Warranty

This limited Sheets Warranty extends to Sheets manufactured by Casper Sleep, Inc. (“Casper”) and purchased directly from Casper or Casper’s authorized retailers (the “Sheets”).

B. Who this Sheets Warranty Extends To

This limited Sheets Warranty extends to the original purchaser of any Sheets. All Casper warranties, including any implied warranties, are valid only for the period of time the Sheets is owned by the original purchaser of the Sheets. The “original purchaser,” for the purposes of this Sheets Warranty, is the first purchaser of the Sheets from Casper or a Casper authorized retailer. Please retain a copy of your receipt as proof of purchase. All Casper limited warranties are not transferable.

C. Casper's Limited Sheets Warranty and Responsibilities

Casper warrants the Sheets in its original packaging sold to you against thedefects in material and workmanship set forth below (“Defects”) for a period of 1 year from the time your Sheets are purchased by you, when the Sheets are used normally for their intended purposes.

D. What this Limited Sheets Warranty Covers

This limited Sheets Warranty applies to Defects due to faulty workmanship or materials, subject to the limitations described in this warranty.

This limited Sheets Warranty does not cover the following:

  • Normal wear and tear as a result of washing and intended use.
  • Comfort preference.
  • Physical abuse or damage to the Sheets, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the defect is caused by such abuse or damage.
  • Any Sheets (whether manufactured by Casper or not) sold by resellers who are not authorized retailers.

In the event of a Defect, Casper’s sole and exclusive liability and your sole remedy under this limited Sheets Warranty will be, at Casper’s option, to provide a replacement Sheets, subject to your fulfillment of “Your Responsibilities” below.

E. Your Responsibilities

In the event of a Defect and in order to get the benefit of this limited Sheets Warranty, you must return your Sheets to Casper and provide Casper with proof of the original date of purchase. Should shipping costs be required to return your Sheets, you will not be responsible for those costs. Evidence of a Defect and any claims must be sent to the address set forth at the end of this limited Sheets Warranty. In the event of a Defect, Casper will ship replacement sheets (if applicable) to you.

Replaced Sheets are subject to the same limited Sheets Warranty as the original Sheets. For example, if you obtain replacement Sheets that are the same style and price as the original Sheets, then the warranty term of the replaced Sheets begins from the date of purchase of the original Sheets.

F. Disclaimer, Limitation on Liability

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SHEETS ARE PROVIDED “AS IS” AND THIS LIMITED SHEETS 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 SHEETS WARRANTY, IN NO EVENT WILL CASPER 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 SHEETS 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 CASPER HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CASPER’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE SHEETS 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.

G. Arbitration

In the event a dispute arises between you and Casper arising out of this Limited Sheets 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 Sheets 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 New York, New York.

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.

H. Governing Law

This limited Sheets Warranty will be governed by the laws of the State of New York.

I. Warrantor

Casper Sleep, Inc.
230 Park Avenue South, 13th Floor, New York, NY 10003
support@casper.com

CASPER SLEEP 3 YEAR LIMITED PILLOW WARRANTY

Your new Casper pillow is covered by a 3 year limited warranty (the “Pillow Warranty”). This limited Pillow Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

A. Products Covered by this Limited Pillow Warranty

This limited Pillow Warranty extends to Pillows manufactured by Casper Sleep, Inc. (“Casper”) and purchased directly from Casper or Casper’s authorized retailers (the “Pillows”).

B. Who this Pillow Warranty Extends To

This limited Pillow Warranty extends to the original purchaser of any Pillow. All Casper warranties, including any implied warranties, are valid only for the period of time the Pillow is owned by the original purchaser of the Pillow. The “original purchaser,” for the purposes of this Pillow Warranty, is the first purchaser of the Pillow from Casper or a Casper authorized retailer. Please retain a copy of your receipt as proof of purchase. All Casper limited warranties are not transferable.

C. Casper's Limited Pillow Warranty and Responsibilities

Casper warrants the Pillow in its original packaging sold to you against thedefects in material and workmanship set forth below (“Defects”) for a period of 3 years from the time your Pillow is purchased by you, when the Pillow is used normally for its intended purposes.

D. What this Limited Pillow Warranty Covers

This limited Pillow Warranty applies to Defects due to faulty workmanship or materials, subject to the limitations described in this warranty.

This limited Pillow Warranty does not cover the following:

  • Normal increases in softening and settling of materials, or any other normal wear and tear.
  • Comfort preference.
  • Physical abuse or damage to the structure and/or cover material, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the defect is caused by such abuse or damage.
  • Any Pillow (whether manufactured by Casper or not) sold by resellers who are not authorized retailers.

In the event of a Defect, Casper’s sole and exclusive liability and your sole remedy under this limited Pillow Warranty will be, at Casper’s option, to provide a repaired or replacement Pillow or Pillow Cover, subject to your fulfillment of “Your Responsibilities” below.

E. Your Responsibilities

In the event of a Defect and in order to get the benefit of this limited Pillow Warranty, you must return your Pillow to Casper and provide Casper with proof of the original date of purchase. Should shipping costs be required to return your Pillow, you will not be responsible for those costs. Evidence of a Defect and any claims must be sent to the address set forth at the end of this limited Pillow Warranty. Casper will repair or replace (as applicable) and ship your Pillow back to you.

Replaced or repaired Pillows are subject to the same limited Pillow Warranty as the original Pillow. For example, if you obtain a replaced or repaired Pillow that is the same style and price as the original Pillow, then the warranty term of the replaced or repaired Pillow begins from the date of purchase of the original Pillow.

F. Disclaimer, Limitation on Liability

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PILLOW 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 PILLOW WARRANTY, IN NO EVENT WILL CASPER 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 PILLOW 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 CASPER HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CASPER’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PILLOW 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.

G. Arbitration

In the event a dispute arises between you and Casper arising out of this Limited Pillow 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 Pillow 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 New York, New York.

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.

H. Governing Law

This limited Pillow Warranty will be governed by the laws of the State of New York.

I. Warrantor

Casper Sleep, Inc.
230 Park Avenue South, 13th Floor, New York, NY 10003
support@casper.com

CASPER SLEEP 1 YEAR LIMITED DOG MATTRESS WARRANTY

Your new Casper Dog Mattress is covered by a 1 year limited warranty (the "Dog Mattress Warranty"). This limited Dog Mattress Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

A. PRODUCTS COVERED BY THIS LIMITED DOG MATTRESS WARRANTY

This limited Dog Mattress Warranty extends to Dog Mattresses manufactured by Casper Sleep, Inc. (“Casper”) and purchased directly from Casper or Casper’s authorized retailers (the “Dog Mattresses”).

B. WHO THIS DOG MATTRESS WARRANTY EXTENDS TO

This limited Dog Mattress Warranty extends to the original purchaser of any Dog Mattress. All Casper warranties, including any implied warranties, are valid only for the period of time the Dog Mattress is owned by the original purchaser of the Dog Mattress. The “original purchaser,” for the purposes of this Dog Mattress Warranty, is the first purchaser of the Dog Mattress from Casper or a Casper authorized retailer. Please retain a copy of your receipt as proof of purchase. All Casper limited warranties are not transferable. All Casper limited warranties are not transferable.

C. CASPER'S LIMITED DOG MATTRESS WARRANTY AND RESPONSIBILITIES

Casper warrants the Dog Mattress in its original packaging sold to you against the defects in material and workmanship set forth below (“Defects”) for a period of 1 year from the time your Dog Mattress is purchased by you, when the Dog Mattress is used normally for its intended purposes.

D. WHAT THIS LIMITED DOG MATTRESS WARRANTY COVERS

This limited Dog Mattress Warranty applies to Defects due to faulty workmanship or materials, subject to the limitations described in this warranty. This limited Dog Mattress Warranty does not cover the following:

  • Normal wear and tear as a result of washing and intended use.
  • Comfort preference.
  • Physical abuse or damage to the Dog Mattress, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the defect is caused by such abuse or damage.
  • Any Dog Mattress (whether manufactured by Casper or not) sold by resellers who are not authorized retailers.

In the event of a Defect, Casper’s sole and exclusive liability and your sole remedy under this limited Dog Mattress Warranty will be, at Casper’s option, to provide a replacement Dog Mattress, subject to your fulfillment of “Your Responsibilities” below.

E. YOUR RESPONSIBILITIES

In the event of a Defect and in order to get the benefit of this limited Dog Mattress Warranty, you must return your Dog Mattress to Casper and provide Casper with proof of the original date of purchase. Should shipping costs be required to return your Dog Mattress, you will not be responsible for those costs. Evidence of a Defect and any claims must be sent to the address set forth at the end of this limited Dog Mattress Warranty. In the event of a Defect, Casper will ship replacement Dog Mattress (if applicable) to you.

Replaced Dog Mattress are subject to the same limited Dog Mattress Warranty as the original Dog Mattress. For example, if you obtain replacement Dog Mattress that are the same style and price as the original Dog Mattress, then the warranty term of the replaced Dog Mattress begins from the date of purchase of the original Dog Mattress.

F. DISCLAIMER, LIMITATION ON LIABILITY

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE DOG MATTRESS IS PROVIDED “AS IS” AND THIS LIMITED DOG MATTRESS 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 DOG MATTRESS WARRANTY, IN NO EVENT WILL CASPER 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 DOG MATTRESS 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 CASPER HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CASPER’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE DOG MATTRESS 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.

G. ARBITRATION

In the event a dispute arises between you and Casper arising out of this Limited Dog Mattress 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 Dog Mattress 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 New York, New York.

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.

H. GOVERNING LAW

This limited Dog Mattress Warranty will be governed by the laws of the State of New York.

I. WARRANTOR

Casper Sleep, Inc.
230 Park Avenue South, 13th Floor, New York, NY 10003
support@casper.com

CASPER SLEEP 5 YEAR LIMITED FOUNDATION WARRANTY

Your new Casper foundation is covered by a 5 year limited warranty (the “Foundation Warranty”).This limited Foundation Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

A. Products Covered by this Limited Foundation Warranty

This limited Foundation Warranty extends to Foundations manufactured by Casper Sleep, Inc. (“Casper”) and purchased directly from Casper or Casper’s authorized retailers (the “Foundations”).

B. Who this Foundation Warranty Extends To

This limited Foundation Warranty extends to the original purchaser of any Foundation. All Casper warranties, including any implied warranties, are valid only for the period of time the Foundation is owned by the original purchaser of the Foundation. The “original purchaser,” for the purposes of this Foundation Warranty, is the first purchaser of the Foundation from Casper or a Casper authorized retailer. Please retain a copy of your receipt as proof of purchase. All Casper limited warranties are not transferable.

C. Casper's Limited Foundation Warranty and Responsibilities

Casper warrants the Foundation in its original packaging sold to you against the defects in material and workmanship set forth below (“Defects”) for a period of five (5) years from the time your Foundation is purchased by you, when the Foundation is used normally for its intended purposes.

D. What this Limited Foundation Warranty Covers

This limited Foundation Warranty applies to Defects due to faulty workmanship or materials, subject to the limitations described in this warranty.

This limited Foundation Warranty does not cover the following:

  • Structural or visual damage from using an improper bed frame or placing Foundation on the floor;
  • Physical abuse or damage to the Foundation structure and/or cover material, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the defect is caused by such abuse or damage.
  • Replacement of any non-defective pieces in the Casper sleep system (for example, if you purchase a Foundation with multiple components and only one component is defective, then we will only replace the defective component)
  • Any Foundation (whether manufactured by Casper or not) sold by resellers who are not authorized retailers.

In the event of a Defect, Casper’s sole and exclusive liability and your sole remedy under this limited Foundation Warranty will be, at Casper’s option, to provide a replacement Foundation, subject to your fulfillment of “Your Responsibilities” below.

E. Your Responsibilities

In the event of a Defect and in order to get the benefit of this limited Foundation Warranty, you must return your Foundation to Casper and provide Casper with proof of the original date of purchase. Should shipping costs be required to return your Foundation, you will not be responsible for those costs. Evidence of a Defect and any claims must be sent to the address set forth at the end of this limited Foundation Warranty. In the event of a Defect, Casper will ship a replacement Foundation (if applicable) to you.

Replaced Foundations are subject to the same limited Foundation Warranty as the original Foundation. For example, if you obtain a replacement Foundation that is the same style and price as the original Foundation, then the warranty term of the replaced Foundation begins from the date of purchase of the original Foundation.

F. Disclaimer, Limitation on Liability

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE FOUNDATION IS PROVIDED “AS IS” AND THIS LIMITED FOUNDATION 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 FOUNDATION WARRANTY, IN NO EVENT WILL CASPER 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 FOUNDATION 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 CASPER HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CASPER’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE FOUNDATION 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.

G. Arbitration

In the event a dispute arises between you and Casper arising out of this Limited Foundation 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 Foundation 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 New York, New York.

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.

H. Governing Law

This limited Foundation Warranty will be governed by the laws of the State of New York.

I. Warrantor

Casper Sleep, Inc.
230 Park Avenue South, 13th Floor, New York, NY 10003
support@casper.com

CASPER SLEEP 1 YEAR LIMITED PROTECTOR WARRANTY

Your new Casper Protector is covered by a 1 year limited warranty (the “Protector Warranty”). This limited Protector Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

A. Products Covered by this Limited Protector Warranty

This limited Protector Warranty extends to Protectors manufactured by Casper Sleep, Inc. (“Casper”) and purchased directly from Casper or Casper’s authorized retailers (the “Protectors”).

B. Who this Protector Warranty Extends To

This limited Protector Warranty extends to the original purchaser of any Protector. All Casper warranties, including any implied warranties, are valid only for the period of time the Protector is owned by the original purchaser of the Protector. The “original purchaser,” for the purposes of this Protector Warranty, is the first purchaser of the Protector from Casper or a Casper authorized retailer. Please retain a copy of your receipt as proof of purchase. All Casper limited warranties are not transferable.

C. Casper's Limited Protector Warranty and Responsibilities

Casper warrants the Protector in its original packaging sold to you against the defects in material and workmanship set forth below (“Defects”) for a period of 1 year from the time your Protector are purchased by you, when the Protector are used normally for their intended purposes.

D. What this Limited Protector Warranty Covers

This limited Protector Warranty applies to Defects due to faulty workmanship or materials, subject to the limitations described in this warranty.

This limited Protector Warranty does not cover the following:

  • Normal wear and tear as a result of washing and intended use.
  • Comfort preference.
  • Physical abuse or damage to the Protector, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the defect is caused by such abuse or damage.
  • Any Protector (whether manufactured by Casper or not) sold by resellers who are not authorized retailers.

In the event of a Defect, Casper’s sole and exclusive liability and your sole remedy under this limited Protector Warranty will be, at Casper’s option, to provide a replacement Protector, subject to your fulfillment of “Your Responsibilities” below.

E. Your Responsibilities

In the event of a Defect and in order to get the benefit of this limited Protector Warranty, you must return your Protector to Casper and provide Casper with proof of the original date of purchase. Should shipping costs be required to return your Protector, you will not be responsible for those costs. Evidence of a Defect and any claims must be sent to the address set forth at the end of this limited Protector Warranty. In the event of a Defect, Casper will ship a replacement Protector to you.

A replaced Protector is subject to the same limited Protector Warranty as the original Protector. For example, if you obtain replacement Protector that are the same style and price as the original Protector, then the warranty term of the replaced Protector begins from the date of purchase of the original Protector.

F. Disclaimer, Limitation on Liability

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PROTECTOR ARE PROVIDED “AS IS” AND THIS LIMITED PROTECTOR 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 PROTECTOR WARRANTY, IN NO EVENT WILL CASPER 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 PROTECTOR 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 CASPER HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CASPER’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PROTECTOR 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.

G. Arbitration

In the event a dispute arises between you and Casper arising out of this Limited Protector 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 Protector 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 New York, New York.

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.

H. Governing Law

This limited Protector Warranty will be governed by the laws of the State of New York.

I. Warrantor

Casper Sleep, Inc.
230 Park Avenue South, 13th Floor, New York, NY 10003
support@casper.com

CASPER SLEEP 10 YEAR LIMITED BED FRAME WARRANTY

Your new Casper bed frame is covered by a 10 year limited warranty (the “Bed Frame Warranty”). This limited Bed Frame Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

A. Products covered by this limited bed frame warranty

This limited Bed Frame Warranty extends to bed frames manufactured by Casper Sleep Inc. (“Casper”) and purchased directly from Casper or Casper’s authorized retailers (each, a “Bed Frame”).

B. Who this bed frame warranty extends To

This limited Bed Frame Warranty extends to the original purchaser of a Bed Frame. All Casper warranties, including any implied warranties, are valid only for the period of time the Bed Frame is owned by the original purchaser. The “original purchaser,” for the purposes of this Bed Frame Warranty, is the first purchaser of the Bed Frame from Casper or a Casper authorized retailer. Please retain a copy of your receipt as proof of purchase. All Casper limited warranties are not transferable.

C. Casper's limited bed frame warranty and responsibilities

Casper warrants the Bed Frame in its original packaging sold to you against the defects in material and workmanship set forth below (“Defects”) for a period of 10 years from the time you purchased your Bed Frame, provided that during that time the Bed Frame is used normally for its intended purposes.

D. What this limited bed frame warranty covers

This limited Bed Frame Warranty applies to Defects due to faulty workmanship or materials, subject to the limitations described in this warranty.

This limited Bed Frame Warranty does not cover the following:

  • Damages cause by physical abuse, negligence, improper installation or misuse.
  • Damage caused by institutional or commercial use.
  • Damage cause by Acts of God or other natural forces.
  • Replacement of any non-defective pieces of the Bed Frame (for example, if you one component of the Bed Frame is defective, then we will replace the defective component only).
  • Any Bed Frame sold by resellers who are not authorized retailers of Casper Bed Frames.

In the event of a Defect, Casper’s sole and exclusive liability and your sole remedy under this limited Bed Frame Warranty will be, at Casper’s option, to provide a replacement Bed Frame, subject to your fulfillment of “Your Responsibilities” below.

E. Your Responsibilities

In the event of a Defect and in order to get the benefit of this limited Bed Frame Warranty, you must return your Bed Frame to Casper and provide Casper with proof of the original date of purchase. Should shipping costs be required to return your Bed Frame, you will not be responsible for those costs. Evidence of a Defect and any claims must be sent to the address set forth at the end of this limited Bed Frame Warranty. In the event of a Defect, Casper will ship a replacement Bed Frame to you.

A replaced Bed Frame is subject to the same limited Bed Frame Warranty as the original Bed Frame. For example, if you obtain replacement Bed Frame that are the same style and price as the original Bed Frame, then the warranty term of the replaced Bed Frame begins from the date of purchase of the original Bed Frame.

F. Disclaimer, Limitation on Liability

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE BED FRAME ARE PROVIDED “AS IS” AND THIS LIMITED BED FRAME 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 BED FRAME WARRANTY, IN NO EVENT WILL CASPER 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 BED FRAME 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 CASPER HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CASPER’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE BED FRAME 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.

G. Arbitration

In the event a dispute arises between you and Casper arising out of this Limited Bed Frame 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 Bed Frame 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 New York, New York.

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.

H. Governing Law

This limited Bed Frame Warranty will be governed by the laws of the State of New York.

I. Warrantor

Casper Sleep, Inc.
230 Park Avenue South, 13th Floor, New York, NY 10003
support@casper.com

CASPER SLEEP 1 YEAR LIMITED DUVET WARRANTY

Your Casper duvet is covered by a 1 year limited warranty (the “Duvet Warranty”). This limited Duvet Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

A. Products covered by this limited duvet warranty

This limited Duvet Warranty extends to duvet inserts manufactured by Casper and purchased directly from Casper or Casper’s authorized retailers (each, a “Duvet”).

B. Who this duvet warranty extends to

This limited Duvet Warranty extends to the original purchaser of a Duvet. All Casper warranties, including any implied warranties, are valid only for the period of time the Duvet is owned by the original purchaser. The “original purchaser,” for the purposes of this Duvet Warranty, is the first purchaser of the Duvet from Casper or a Casper authorized retailer. Please retain a copy of your receipt as proof of purchase. All Casper limited warranties are not transferable.

C. Casper's limited duvet warranty and responsibilities

Casper warrants the Duvet in its original packaging sold to you against the defects in material and workmanship set forth below (“Defects”) for a period of 1 years from the time you purchased your Duvet, provided that during that time the Duvet is used normally for its intended purposes.

D. What this limited duvet warranty covers

This limited Duvet Warranty applies to Defects due to faulty workmanship or materials, subject to the limitations described in this warranty.

This limited Duvet Warranty does not cover the following:

  • Normal wear and tear as a result of washing and intended use.
  • Comfort preference.
  • Damage cause by physical abuse, negligence, improper installation or misuse.
  • Damage caused by institutional or commercial use.
  • Damage cause by Acts of God or other natural forces.
  • Replacement of any non-defective pieces of the Duvet (for example, if you one component of the Duvet is defective, then we will replace the defective component only).
  • Any Duvet sold by resellers who are not authorized retailers of Casper Duvets.

In the event of a Defect, Casper’s sole and exclusive liability and your sole remedy under this limited Duvet Warranty will be, at Casper’s option, to provide a replacement Duvet, subject to your fulfillment of “Your Responsibilities” below.

E. Your Responsibilities

In the event of a Defect and in order to get the benefit of this limited Duvet Warranty, you must return your Duvet to Casper and provide Casper with proof of the original date of purchase. Should shipping costs be required to return your Duvet, you will not be responsible for those costs. Evidence of a Defect and any claims must be sent to the address set forth at the end of this limited Duvet Warranty. In the event of a Defect, Casper will ship a replacement Duvet to you.

A replaced Duvet is subject to the same limited Duvet Warranty as the original Duvet. For example, if you obtain replacement Duvet that are the same style and price as the original Duvet, then the warranty term of the replaced Duvet begins from the date of purchase of the original Duvet.

F. Disclaimer, Limitation on Liability

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE DUVET ARE PROVIDED “AS IS” AND THIS LIMITED DUVET 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 DUVET WARRANTY, IN NO EVENT WILL CASPER 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 DUVET 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 CASPER HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CASPER’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE DUVET 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.

G. Arbitration

In the event a dispute arises between you and Casper arising out of this Limited Duvet 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 Duvet 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 New York, New York.

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.

H. Governing Law

This limited Duvet Warranty will be governed by the laws of the State of New York.

I. Warrantor

Casper Sleep, Inc.
230 Park Avenue South, 13th Floor, New York, NY 10003
support@casper.com