Warranty

Welcome to the Zotto family and thank you for choosing your Zotto mattress. We've built the Zotto to last and back it up with a 10 year limited warranty.

Note: Zotto reserves the right to make production changes at any time, without incurring any obligation to make the same or similar changes to mattresses previously sold. Moreover, the warranty contained herein is the only and the entire written warranty(ies) given by Zotto for the mattress and no Zotto agent or employee is authorized to extend or enlarge these warranties on behalf of Zotto by any written or oral statement.

ZOTTO, INC. 10 YEAR LIMITED WARRANTY

Your new Zotto, Inc. (“Zotto”) mattress is covered by a ten (10) year limited warranty (“the Warranty”).

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. ZOTTO’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE MATTRESS GIVING RISE TO SUCH LIABILITY. IF IDENTICAL ITEMS ARE NOT AVAILABLE AT THE TIME OF REPAIR OR REPLACEMENT, THE MANUFACTURER RESERVES THE RIGHT TO SUBSTITUTE MATERIALS OF COMPARABLE QUALITY. ZOTTO SHALL NOT BE LIABLE IN ANY CASE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT OR ARISING OUT ANY BREACH OF THIS WARRANTY EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ZOTTO DOES NOT AUTHORIZE ANY PERSON OR ENTITY TO CREATE FOR IT ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH THIS WARRANTY.

These warranties are not intended to limit, modify, or disclaim any statutory warranty which, by law, may not be limited, modified, excluded or disclaimed. To the full extent permitted by law, these warranties are in substitution for and exclude all other representations, warranties or conditions, express or implied, but not limited to, implied warranties or conditions of merchantable quality or fitness for a particular purpose and those arising under statute, in tort, or otherwise in law or in equity or from a course of dealing or usage of trade.

Some states do not allow the exclusion or limitation of incidental or consequential damages or limitations on how an implied warranty lasts, so the above limitation or exclusion may not apply. This Warranty gives you specific legal rights. You may also have other rights, which vary from state to state.

PLEASE BE ADVISED: YOUR NEW MATTRESS IS NOT FIRE-PROOF.

A. Products covered by this Limited Warranty This limited warranty extends to mattresses manufactured by Zotto, Inc. and purchased directly from Zotto or Zotto’s authorized retailers (the “Mattress”). Some parts of this limited warranty also extend to covers sold with Mattresses (“Mattress Covers”).

B. Zotto’s Limited Warranty and Responsibilities Zotto warrants the Mattress in its original packaging sold to you against the defects in material and workmanship set forth below for a period of ten (10) years from the time the mattress is purchased by you, when the Mattress is used normally for its intended purpose and on a bed base that is structurally capable of supporting the weight of the Mattress and its user(s).

C. Who is covered by this Limited Warranty? This limited warranty extends to the original purchaser and current owner of any Mattress. All Zotto limited warranties are not transferable. All Zotto warranties, including any implied warranties, are valid only for the period of time the Mattress is owned by the original purchaser and current owner of the Mattress. The “original purchaser,” for purposes of this warranty, is the first purchaser of the Mattress from Zotto or a Zotto authorized retailer. RETAIN A COPY OF YOUR RECEIPT AS PROOF OF PURCHASE.

D. What is covered under the Limited Warranty The Warranty is limited to material defects caused by Zotto’s use of defective materials or workmanship in the Mattress. Specifically, this Warranty applies to the following Defects, assuming the Defects arise or appear in circumstances in which you have been using the Mattress only for its intended purpose and have not subjected it to other than normal wear and proper handling:

(a) 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 unsupportive foundation or adjustable bed base. This refers to an indentation that is visible when no weight is applied to the top of the Mattress. Please note, 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.

(b) Any physical flaw in the Mattress that causes the foam material to split, crack, despite normal usage and proper handling.

E. What is not covered under the Limited Warranty

(a) A normal increase in softness of the foam pressure-relieving material which does not affect the pressure-relieving qualities of the Mattress;

(b) Bedding used in hotels, motels, institutional facilities, or any other commercial-type setting;

(d) Minor imperfections and cosmetic flaws;

(e) Individual or personalized preferences relating to firmness, texture, comfort, et cetera;

(f) Individual or personalized allergies and sensitivities;

(g) Naturally occurring cotton or foam aromas;

(h) Mattress handles;

(i) Damage caused by misuse or mishandling;

(j) Physical abuse or damage to the structure and/or cover material, including but not limited to, burns, cuts, tears, liquid damage, or stains, dampness or mold; provided, that the defect is caused by such abuse or damage;

(k) Replacement of any non-defective pieces to ensure a matched set (for example, if you purchase a mattress with multiple components and only one component is defective, then only the defective component is covered);

(l) Any mattress (whether manufactured by Zotto or not) sold by resellers who are not authorized retailers;

(m) 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 addition, this limited warranty does not cover conditions resulting from the abusive mishandling, misuse, or neglect of your Mattress. As such, Zotto reserves the right to refuse inspection and invalidate the warranty when the Mattress, even if defective, is used in the following circumstances:

(a) Use of the product on an improper frame or with improper support;

(b) Use of the Mattress in any unsanitary condition (due to blood or bodily fluid stains or soiling, infestation, or other abuse);

(d) Improper storage of the Mattress (e.g. storage in damp locations, areas infested with pests or rodents, or any other unprotected storage areas);

(e) Cleaning or the use of cleaning fluids (the use of cleaning fluids may damage the fabric and materials in your mattress);

(f) Purchase from resellers who are not Zotto authorized retailers.

F. How do I File a Warranty Claim In the event of a Defect, Zotto’s sole and exclusive liability and your sole remedy under this limited warranty will be, at Zotto’s sole and absolute discretion in compliance with this written warranty, to provide a repaired or replacement Mattress or Mattress Cover, subject to your fulfillment of your responsibilities detailed below. Colors may be provided in a color different from what you originally purchased.

To make a claim under this Warranty, you must contact our Customer Service department at support@zottosleep.com and you may be asked to undertake certain steps to troubleshoot the product or part for which a claim is being made.

If Zotto determines a Defect is present based upon this warranty, you must return your Mattress or Mattress Cover to Zotto and provide Zotto with proof of the original date of purchase to the address set forth at the end of this limited warranty.

Zotto will repair or replace, at Zotto’s option, and ship your Mattress back to you within ninety (90) days of receiving your original Mattress. If it is found that your Mattress did not qualify under any warranty contained herein, you will be responsible for any shipping costs associated with shipping replaced or repaired Mattresses.

G. Length of Limited Warranty Your new or repaired Zotto mattress is covered by the same ten (10) year limited warranty. In the event Zotto replaces or repairs your Mattress, this warranty continues your protection from the original date of purchase. Mattresses are subject to the same limited warranty as the original Mattress.

H. Other Terms and Conditions Zotto makes no medical or health claims regarding its mattresses. Allergies, discomfort, or other conditions are not covered under this Warranty. Please contact a licensed physician for any questions or concern regarding your medical or health conditions.

I. Arbitration In the event a dispute arises between you and Zotto arising out of this Warranty, such dispute will be determined and settled by binding arbitration between the two 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. Arbitration will take place in Orange County, California

The arbitration will not be combined with any other proceeding or arbitration against one of the parties.

Barring extraordinary circumstances, the arbitrator will issue their decision within 120 days from the date the arbitrator is selected by the Parties or appointed by the AAA. The arbitrator may extend the time limit for an additional thirty (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 arbitrator’s award will be in writing and will include a statement setting forth the reasons for the disposition of any claims. The arbitrator’s award will be final and binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction.

J. Governing Law This Limited warranty will be governed by the laws of the State of California

K. Submit Claims:
Zotto, Inc. 43 Corporate Park, Suite #102
Irvine, CA 92606
support@zottosleep.com