SLEEPYHEAD PROTECTOR WARRANTY

This product warranty applies to a Sleepyhead branded mattress protector (“Protector”) marketed by New Zealand Comfort Group Limited (“Sleepyhead®”) and purchased in New Zealand for household domestic use (i.e. non-commercial use) from an authorised retailer. Sleepyhead® warrants to the original purchaser of the Protector (“Purchaser”) that if either the laminate or fabric of the Protector fails in the course of normal use during the Warranty Period (as defined below) due to a manufacturing defect, Sleepyhead® will, subject to the terms and conditions of this warranty (including the disclaimers, limitations and exclusions), replace the Protector. This warranty applies only to the mattress protector and not to the pillow protectors supplied with the mattress protector.

SLEEPYHEAD PROTECTOR AND MATTRESS WARRANTY

If the Protector was purchased together with a new mattress made by New Zealand Comfort Group Limited (“Mattress”) and both items are shown on the same proof of purchase, Sleepyhead® warrants to the Purchaser that if either the laminate or fabric of the Protector fails in the course of normal use during the Warranty Period (as defined below) due to a manufacturing defect, Sleepyhead® will, subject to the terms and conditions of this warranty (including the disclaimers, limitations and exclusions), provide the following remedies under this warranty:

• replace the Protector; and
• if the Protector was properly fitted to the Mattress at the relevant time and the Mattress sleep surface was stained as a result of the failure, then Sleepyhead® will either:
  where it considers that the Mattress can feasibly be cleaned or repaired:

a) have the affected area spot cleaned by an authorised professional technician appointed by Sleepyhead®; or, at its option,
b) repair the Mattress at its cost,

• where it considers that the Mattress cannot feasibly be cleaned or repaired, replace the Mattress with a mattress made by Sleepyhead® that Sleepyhead® considers to be of comparable value and quality.

The warranty does not extend to any damage caused to the Mattress’s sides, foundation, base, carpet, bed frame or to bedding or other associated items.

CONDITIONS TO COMFORT GROUP PROTECTOR AND MATTRESS WARRANTY

Sleepyhead®’s obligations under this warranty are subject to, and conditional upon, the Purchaser’s compliance with the following conditions:

1. The Purchaser may only claim under this warranty for defects that occur during the Warranty Period. The “Warranty Period” will be the period commencing upon the date of purchase of the Protector by the Purchaser for household domestic use (i.e. non-commercial use) and continue thereafter for a period of 10 years. For the warranty to extend to the Mattress, the Protector and the Mattress need to have been purchased in the same transaction from a retailer authorised by Sleepyhead® and have been used together at all times from that date.

2. The Protector must have been laundered in accordance with the following laundering instructions and any other laundering instructions accompanying the Protector:
a. the Protector must only be machine washed on a warm cycle and must not be dry cleaned;
b. no bleach or bleach alternative is to be used in the washing cycle for the Protector;
c. the Protector must be line dried in the shade or warm tumble dried;
d. the Protector must not be soaked or ironed;
e. the Protector must be dried thoroughly before re-use or storage; and
f. the Protector must be washed regularly, being at least once every one month.

3. The Protector must be inspected by the Purchaser for damage after laundering.

4. The Protector must not be subjected to abuse and must be properly fitted to the Mattress.

5. Use of the Protector must be discontinued if damage is apparent.

6. Any warranty claim must be notified to Sleepyhead® by the Purchaser within 3 days after damage is detected by following Sleepyhead®’s warranty claim procedure as noted on Sleepyhead®’s website: https://trex.staging.overdose.digital/care-maintenance/after-purchase-enquiry.

7. If required by Sleepyhead®, the Protector (and, as applicable, the Protector and the Mattress) must be returned to Sleepyhead®’s Auckland or Christchurch premises, by post or courier at Sleepyhead®’s cost, for inspection and validation in accordance with the instructions provided by Sleepyhead® when a claim is lodged – FOR THE PURPOSES OF A CLAIM UNDER THIS WARRANTY DO NOT RETURN A DEFECTIVE PROTECTOR (OR, AS APPLICABLE, PROTECTOR AND MATTRESS) TO THE SELLING RETAILER.

8. A purchase invoice/receipt/proof of purchase from an authorised distributor/reseller and this warranty certificate must be presented by the Purchaser to make a warranty claim.

DISCLAIMERS, LIMITATIONS AND EXCLUSIONS

This warranty specifically extends to damage and stains caused by the following substances:

• food and beverage spills;
• human bodily fluids; and
• accidental damage that may occur (including, without limitation, rips, tears and burns).

This warranty does not extend to any damage or stains caused by:

• general soiling or built up stains on the Mattress and / or Protector due to lack of laundering;
• Natural Disaster eg flooding, earthquakes etc;
• mould damage;
• willful damage (such as cutting with knives or scissors).

To the extent permitted by law (and without derogating from a consumer’s rights under the Consumer Guarantees Act 1993):

• All implied warranties, including but not limited to any implied warranty of merchantability or fitness for a particular purpose or use or similar, are excluded from this express warranty;
• This warranty will be void (as regards Sleepyhead®’s obligations in relation to a mattress) if any attempt is made to clean the Mattress other than by wiping away the material soiling the Mattress;
• The Purchaser will not be entitled to claim under this warranty (as regards Sleepyhead®’s obligations in relation to a mattress) if the cost of the damage is covered under household contents insurance;
• Sleepyhead® shall not be liable for incidental, consequential, punitive or other indirect damages under this warranty; and
• A Purchaser may have a maximum of 2 replacement protectors in the first 5 years of the Warranty Period and a maximum of 1 replacement protector in the second 5 years of the Warranty Period.

GENERAL

This warranty gives you specific legal rights and you may have other rights at law. This warranty is non-transferable. This warranty shall be interpreted in accordance with the laws of New Zealand. The warranty in this certificate applies only to the Protector (and, as applicable, Protector and Mattress) accompanied by this warranty certificate.
For warranty information please contact our Customer Services Team on 0800 SLEEPS (0800 753 377) or 09 276 9300 or by email at ccare@thecomfortgroup.co.