Sealy Easy Twin 82001-38.74-040 Manuel Du Propriétaire page 18

warranty information
Reseller of Sealy, Inc. If you are not the original purchaser of this product, you take it "as is" and "with all
faults. " If you did not purchase this Ease™ by Sealy adjustable base system directly from Sealy, Inc., we will
require proof of purchase from you demonstrating that you are the original purchaser and eligible to make
a valid claim under this warranty. This warranty begins on the "warranty commencement date" which is the
date of purchase for new unused units, and the date of manufacture for units that have been used as floor
or display models. Thus, on a floor model unit, the warranty is a portion of the limited 15-year warranty. If
original proof of purchase is not provided by purchaser, Sealy reserves the right to determine if the unit is
not covered by this warranty or to use the manufacturing date as the warranty commencement date. This
limited warranty gives you specific legal rights. You may also have other rights that vary from state to state.
BINDING ARBITRATION AND CLASS ACTION WAIVER
FOR U.S. RESIDENTS
A) this section applies to any dispute except it does not include a Dispute relating to the enforcement or
validity of your, Sealy' s , or any of our licensors' intellectual property rights. "Dispute" means any dispute,
action, or other controversy between you and Sealy concerning your Sealy mattress or this warranty,
whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis.
"Dispute" will be given the broadest possible meaning allowable under law.
B) in the event of a dispute, you or Sealy must give the other a Notice of Dispute, which is a written
statement that sets forth the name, address and contact information of the party giving it, the facts
giving rise to the dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail
to Sealy, Inc., ATTN: Legal Department, 1000 Tempur Way, Lexington, KY 40511. Sealy will send any
Notice of Dispute to You by U.S. Mail to Your address if we have it or to your email address if we have
it. You and Sealy will attempt to resolve any dispute through informal negotiation within 60 days from
the date the Notice of Dispute is sent. After 60 days, you or Sealy may commence arbitration.
C) you may also litigate any dispute in small claims court in your county of residence or Fayette County,
Kentucky if the dispute meets all requirements to be heard in the small claims court. You may litigate in
small claims court whether or not you negotiated informally first.
D) if you and Sealy do not resolve any dispute by informal negotiation or in small claims court, any other
effort to resolve the dispute will be conducted exclusively by binding arbitration. You are giving up the
right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury.
Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for
a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties
may enforce the arbitrator' s award.
E) any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an
individual basis. Neither You nor Sealy will seek to have any dispute heard as a class action, private
attorney general action, or in any other proceeding in which either party acts or proposes to act in a
representative capacity. No arbitration or proceeding will be combined with another without the prior
written consent of all parties to all affected arbitrations or proceedings.
F) any arbitration will be conducted by the American Arbitration Association (the "AAA") under its
Commercial Arbitration Rules applying U.S. Federal Rules of Procedure and U.S. Federal Rules of
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Evidence. The AAA Supplementary Procedures for Consumer-Related Disputes will also apply. For
more information, see www.adr.org or call 1-800-778-7879. You agree to commence arbitration only
in your county of residence or in Fayette County, Kentucky. Sealy agrees to commence arbitration
only in your county of residence. You may request a telephonic or in-person hearing by following the
AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator
finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to
you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you
individually, and only to the extent required to satisfy your individual claim.
G) Sealy will promptly reimburse your filing fees and pay the AAA' s and arbitrator' s fees and expenses
as provided below. If you reject Sealy' s last written settlement offer made before the arbitrator was
appointed ("Sealy' s last written offer"), your dispute goes all the way to an arbitrator' s decision (called
an "award"), and the arbitrator awards you more than Sealy' s last written offer, Sealy will give you three
incentives: (i) pay the greater of the award or $5,000; (ii) pay twice your reasonable attorney' s fees,
if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney
reasonably accrues for investigating, preparing, and pursuing your claim in arbitration. The arbitrator
will determine the amount of fees, costs, and expenses unless you and Sealy agree on them. For
purposes of this limited warranty, an email shall be considered a written communication.
H) in any arbitration you commence, Sealy will seek its AAA or arbitrator' s fees and expenses, or your
filing fees it reimbursed, only if the arbitrator finds the arbitration frivolous or brought for an improper
purpose. In any arbitration Sealy commences, Sealy will pay all filing, AAA, and arbitrator' s fees and
expenses. Sealy may also seek its attorney' s fees or expenses from you in any arbitration. Fees and
expenses are not counted in determining how much a dispute involves.
I) this warranty governs to the extent it conflicts with AAA' s Commercial Arbitration Rules and
Supplementary Procedures for Consumer-Related Disputes.
J) to the extent permitted by law, any claim or dispute under this Limited Warranty must be filed within
one year in small claims court, an arbitration proceeding, or in court, if so permitted herein. The one-
year period begins when the claim or Notice of Dispute first could be filed. If a claim or dispute is not
filed within one year, it is permanently barred.
K) if the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then
it will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with
the remaining parts proceeding in arbitration. If any other provision of this section is found to be illegal
or unenforceable, that provision will be severed with the remainder of this section remaining in full
force and effect.
All parts of this Limited Warranty apply to the maximum extent permitted by law or unless prohibited by
law.
This Limited Warranty gives the purchaser specific legal rights, and the purchaser may also have other rights,
which may vary from state to state.
If you experience any trouble with your Ease™ by Sealy adjustable base system during the warranty period,
please consult the troubleshooting section of your Reference Guide. If problems persist after following
these instructions, please call: 1-800-499-1965 or in Canada 1-800-268-4414.