Your new Maiden Home Furniture is covered by a Limited Warranty (the “Furniture Warranty”). This limited Furniture Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
PRODUCTS COVERED BY THIS LIMITED FURNITURE WARRANTY
This limited Furniture Warranty extends to furniture, including all upholstered products (sofas and chairs), (the “Furniture”), manufactured by Maiden Home, Inc. (“Maiden Home”) and purchased directly from Maiden Home. The Furniture Warranty does not apply to furniture that has been abused or used in a business environment and/or for commercial purposes. The Furniture Warranty only applies to furniture used for normal residential purposes. The Furniture Warranty does not cover products sold in “distressed” or “as is” condition, products sold “second hand” or as “floor samples”, or any other form of reseller not authorized by Maiden Home to sell our products.
WHO THIS WARRANTY EXTENDS TO
The Maiden Home Furniture Warranty is limited in that it is provided to you, the original purchaser and owner. All Maiden Home warranties, including any implied warranties, are valid only for the period of time the Furniture is owned by the original purchaser of the Furniture. The “original purchaser,” for the purposes of this Furniture Warranty, is the first purchaser of the Furniture from Maiden Home. Please retain a copy of your receipt as proof of purchase. All Maiden Home limited warranties are not transferable.
MAIDEN HOME’S LIMITED FURNITURE WARRANTY AND RESPONSIBILITIES
Maiden Home warrants the Furniture in its original packaging sold to you against manufacturing defects set forth below (“Defects”) for a period from the time your Furniture is purchased by you as defined below, when the Furniture is used normally for its intended purposes and without misuse, abuse, incorrect or inadequate installation, maintenance, cleaning or care.
Lifetime Limited Warranty
All frames and spring systems, including joints, bases, legs and hardware are under warranty to be free from manufacturing defects for the useful life of the product. Maiden Home will pay reasonable and customary labor rates to inspect the Furniture and validate any supposed manufacturing defects. Maiden Home will then pay reasonable and customary labor rates to repair or replace the defective parts and all related shipping costs from the customer to the repair center designated by Maiden Home at no charge to the original purchaser. The term Lifetime refers to the normal useful life of the product.
5-Year Limited Warranty
Foam cores (not polyester fiber or down/feather blend wrap) in all cushions are under warranty to be free from manufacturing defects and against the loss of foam resiliency for five (5) years, with validation of normal wear and tear and confirmation by Maiden Home of resiliency loss.
This limited Furniture Warranty does not cover the following:
In the event of a Defect, Maiden Home’s sole and exclusive liability and your sole remedy under this limited Furniture Warranty will be, at Maiden Home’s option, to provide a repaired or replacement Furniture product, subject to your fulfillment of “Your Responsibilities” below. Replacement Furniture may be provided in a fabric or finish different from the Furniture you originally purchased, depending on fabric and finish availability at the time of replacement.
In the event of a Defect and in order to get the benefit of this limited Furniture Warranty, you must contact Maiden Home and provide Maiden Home with proof of the original date of purchase. Evidence of a Defect and any claims must be sent to the address set forth at the end of this limited Furniture Warranty. Certain Defects may be repaired in your home with our authorization. Should shipping costs be required to return your Furniture, you will not be responsible for those costs. If you wish to replace your Furniture with a more expensive Furniture product ( “Upgrade Furniture”), then please e-mail Maiden Home at the e-mail address set forth at the end of this limited Furniture Warranty. You will be required to pay the difference between the original purchase price of the Furniture and that of the Upgrade Furniture, plus the cost of any related additional system pieces necessary for such Upgrade Furniture.
Maiden Home will repair or replace (as applicable) your Furniture or Upgrade Furniture. Repairs may happen in your home or a third party repair center, at Maiden Home’s sole discretion. You will be responsible for any shipping costs associated with shipping replaced or repaired Furniture Products back to you.
Replaced or repaired Furniture that are not Upgrade Furniture are subject to the same limited Furniture Warranty as the original Furniture. For example, if you obtain a replaced or repaired Furniture that is the same style and price as the original Furniture, then the warranty term of the replaced or repaired Furniture begins from the date of purchase of the original Furniture. If you purchase Upgrade Furniture, then you obtain a new limited Furniture Warranty, and the warranty term will begin upon the purchase of the Upgrade Furniture.
DISCLAIMER, LIMITATION ON LIABILITY
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE FURNITURE 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 FURNITURE WARRANTY, IN NO EVENT WILL MAIDEN HOME 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 FURNITURE 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 MAIDEN HOME HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. MAIDEN HOME’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE FURNITURE 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.
In the event a dispute arises between you and Maiden Home arising out of this Limited Furniture 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 Furniture 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.
This limited Furniture Warranty will be governed by the laws of the State of New York.
Maiden Home, Inc.
175 Varick Street New York NY 10014