1. Limited Product Warranty
Subject to the terms of these Warranty Terms and Conditions (the “Conditions”), MM Rubber Company Limited (the “Company”) hereby offers to its customers (the “Customer”), the following limited warranty in respect of MM Foam Acu Care Mattresses (hereinafter referred to as a “Mattress”) sold by the Company or its authorised dealers, against defects in manufacture (“ManufacturingDefect”), for a period of 5 years commencing from the date of purchase of the Mattress from the Company or its authorised dealers (the “Warranty Period”): -
- If a Manufacturing Defect occurs and is reported to the Company (in accordance with the procedure and requirements laid down in Clause 5 of these Conditions) during the first year of the Warranty Period, the Company will, at its sole discretion, either repair or replace the defective Mattress;
If a Manufacturing Defect occurs and is reported to the Company (in accordance with the procedure and requirements laid down in Clause 5 of these Conditions) after the 1st year of purchase, the Company will, at its sole discretion either, repair or replace the mattress for a warranty fee (for material, labour and transportation) payable by the Customer on Pro Rata basis. Where the Company opts to repair the Mattress, the warranty fee payable by the Customer shall be the cost of material and labour involved in effecting the repairs as detailed in the invoice raised by the Company on the Customer for the same.
Where the Mattresses replaced by the Company, the usage charges payable by the Customer to the Company shall be calculated in the following manner: -
Please Note: No. of Years used is calculated from the date of purchase. Six months or more will be calculated as 1 year. Less than six months will be ignored.
2. Exclusions and Limitation of Liability
The Warranty in respect of the Mattress will not be applicable in the following circumstances: -
- Fabric Colour may vary from what is shown in the picture;
- Where the defect complained of, was caused in the opinion of the Company, by misuse, abuse, improper storage, improper maintenance and/or repair by any person not duly authorised by the Company;
- If the mattress is altered or modified in anyway, the Warranty becomes void. This includes, but is not limited to, the cutting of any labels, removing of the inner stitched cover, adding of any layers above or below the Mattress by the Customer;
- Damage associated with the Mattress being placed on an improper bed frame, foundation, box spring, or base as determined by the Company;
- Use of the Mattress for any purpose other than its intended use. The intended use of the Mattress is for a human being to sleep, rest, and lay on it while the Mattress is placed flat on a uniformly flat and firm surface. Any other use of the Mattress shall be considered misuse of the Mattress and will not be covered by the Warranty;
- Normal wear and tear of the Mattress including its fabric, cover and stitching;
- Damage as a result of Customer’s failure to keep the Mattress clean and free of tears, stains including those from bodily Fluids, burns, pilling, insect infestations etc.;
- Softening in some areas: When a new mattress is being used slight depression is a normal occurrence, as the mattress conforms to the person’s body shape. Hence, softening in some areas of the mattress is normal, especially areas where higher pressure on the mattress is being applied such as the area where you rest your hip, and hence, will not be considered and accepted as a defect.
- Where reduction in the Mattress thickness is less than 20% of the original thickness as given in the invoice of purchase;
- The tolerance Limit on Dimensions (Length, Width & Thickness) of Acu Care mattress is +/-15mm in length, width & Thickness which are permissible limits as per Company’s QAD Standards.
- Comfort /firmness preference of the product: The Company does not guarantee the firmness or softness quality of any Mattress, nor does it warrant that a particular comfort preference will be to the Purchaser’s liking. The QAD Department of the Company provides the firmness values based on internal studies, R & D of the Company. These firmness values may vary from the purchaser’s understanding of firmness values. Thus, the Company cannot guarantee that the mattress may meet the purchaser’s understanding of mattress firmness.
- Damage due to exposure of the Mattress to excessive moisture/humidity, temperature or other extreme environmental conditions which may cause the material to tear or permanently deform;
- Mattresses kept in unhygienic or unsanitary conditions may damage the Mattress and invalidate the Warranty. For health and safety reasons of workers, the Company may refuse to inspect such Mattress and deny the Warranty claim.
3. The Warranty is limited to the value of the mattress as shown in the original invoice of purchase and the Company will not be responsible for the damage/injury or any hardship faced by the Customer under any circumstances.
4. The Company makes no medical or health claims with respect to the Mattress or any other products. Allergies, back ache, discomfort or any other physiological conditions of the Customer are not covered under this Warranty. Any questions or concerns regarding medical or health conditions of the user should be addressed and dealt by a Licensed Physician and not by the Company.
5. Claim Procedure
- In order for a Customer to raise a claim under the abovementioned Warranty, the Customer email the Company at firstname.lastname@example.org, with a clear description of the problem with the Mattress, pictures of the defect taken at various angles and a copy of the original invoice under which the Mattress was purchased and the original Warranty Card in respect of the Mattress.
- The Company reserves the right, in its sole discretion, to (i) require the Customer to submit further photographs, information and/or descriptions; and/or to (ii) either through the Company’s officials or authorised agents, physically inspect the Mattress prior to accepting a particular claim under this Warranty
- Failure on the part of the Customer to comply with the above instructions shall result in the Customer’s Warranty claim being treated as invalid.
- Once the claim has been verified to the satisfaction of the Company, the Company will, at its own discretion, repair or replace the Mattress subject to the provisions of clause 1 of these Conditions
- Warranty card and invoice of purchase is to be produced for any Warranty claim and in the absence of these documents, the Warranty claim will not be admissible.
- This Warranty is valid only if it bears the stamp and signature of an authorized dealer of the Company from whom the Customer purchased the Mattress.
- In the event of a defect and in order to obtain the benefit of this Warranty, the Customer must return the Mattress to the Company at the Customer’s cost along with the copies of the invoice of purchase and Warranty card. The to and fro transportation cost of the Mattress will be borne by the Customer in the event of replacing/repairing the Mattress. In case the Mattress is to be inspected by the Company’s personnel and the Mattress is located 100 Kilometres or more from a branch office of the Company, the costs incurred towards the visit of the inspection will be borne by the Customer. If the Company acknowledges that the claim is genuine, the Company will reimburse the costs incurred by the Customer towards such visit by its personnel.
Notwithstanding the provisions of clause 1(a) above, in case of occurrence of any Manufacturing Defect covered by the warranty within 1 years of purchase of the Mattress, in the event of unavailability of the same model of mattress, the Company reserves the right to substitute the mattress with another mattress model, which in the Company’s opinion, is a comparable and compatible model of the same dimensions. Where no such substitute is available, the Company may provide credit to the Customer on Pro Rata Basis as per the formula below, which the Customer shall be entitled to adjust against the purchase of any other model of the company’s products.
- The Warranty Period on a replaced/repaired product shall be automatically reduced to the balance period, as computed from the date of first sale of the Mattress.
- This limited warranty is provided only to the original Customer.
In case there is any discrepancy in the mattress ordered and what was delivered on account of Size/Dimension/Hardness, the same has to be reported at email@example.com within 15 days after receipt of the mattress. Any subsequent claim will not be covered under warranty.
6. Any dispute arising from, or related to, this Warranty shall be subject to the exclusive jurisdiction of the courts at Bengaluru, Karnataka.
7. Use and Care Instructions
- Always use the Mattress with its protective cover or bedspread to avoid stains & soiling;
- Do not tear off any labels which are present on your Mattress;
- Do not fold and store the Mattress. Bending, folding, dragging, standing or jumping on the Mattress can damage your Mattress;
- Avoid exposure to excessive moisture/humidity, temperature or other extreme environmental conditions;
- Rotate the mattress every three months from head to toe side.
- Avoid sitting on the edges of the Mattress and avoid prolonged habitual sitting on the same part of the Mattress for longer durability of your Mattress.