PILLOW 1 YEAR LIMITED WARRANTY

Congratulations for your new device, developed by modern engineering for your relaxation. KEAM Pillows associate comfort, beauty, quality, and durability, aiming to enhance your well-being. Our goal is to provide you with naturally restoring sleep that is healthy for your organism.   

 

WARRANTY COVERAGE TERMS AND CONDITIONS

LIMITED WARRANTY TERMS

As we strongly believe in the quality of our products, your new KEAM pillow is covered by a 1 Year Limited KEAM Warranty™ (the “Warranty”) against manufacturing defects for the full period of the original owner’s (“you”) ownership and use. Kenko Energy Americas, LLC (“KEAM”) undertakes no responsibility for the quality of the goods except as otherwise provided in this contract. This warranty does not include a normal increase in softness of the KEAM Pillow material which does not affect the adaptive qualities of the product. This warranty covers:

• any physical flaw in the product that causes the material to split or crack despite normal usage and proper handling; and
• deterioration of the cell structure of the material that causes the product to not return to its original shape.

During the one (1) year of this warranty, Kenko Energy Americas will at its option, repair or replace the product, at a handling cost to the purchaser. This warranty covers KEAM pillows only.

 

 

WHO IS COVERED:

This warranty is valid only for the original purchaser from the original purchase date of the Pillow and is non-transferable. The “original purchaser,” for the purposes of this Warranty, is the first purchaser (an individual or entity) of the Pillow from KEAM or a KEAM-authorized retailer with the intent to use the product for personal consumer use and not for commercial or industrial use and not with the intent to resell the product. Please retain a copy of your receipt as proof of purchase and owner. If the original purchaser sells or otherwise relinquishes ownership of the pillow to another, this Warranty terminates, and the subsequent owner accepts the product “as is” and “with all faults.” Our mattress warranty is only valid for customers within the continental U.S., except Alaska and Hawaii.

 

WHAT IS WARRANTED:

This Warranty extends to pillows sold by Kenko Energy Americas, LLC (“KEAM”) and purchased directly from KEAM Stores, KEAM website or KEAM’s authorized retailers (the “Pillows”). KEAM warrants the Pillow in its original packaging sold to you against the defects in material and workmanship set forth below (“Defects”) for the full period of ownership by you and use by you commencing from the time your Pillow is purchased by you. Replaced or repaired Pillow are subject to the same Warranty as the original Pillow. For example, if you obtain a replaced or repaired Pillow the warranty term of the replaced or repaired Pillow begins from the date of purchase of the original Mattress.

This Warranty does not apply to floor models or “demos” (except as specifically provided herein) or to products sold by unauthorized resellers, including without limitation, unauthorized resellers on third party websites, including, without limitation, Craigslist, eBay, Amazon, etc. Unauthorized resellers are not “original purchasers” for the purpose of this Limited Warranty. If purchaser is not the original purchaser of this product, purchaser takes the product “AS IS,” “with all faults” and without warranty. IF THE PURCHASE OF THIS PRODUCT WAS NOT DIRECTLY FROM KENKO ENERGY AMERICAS, PROOF OF PURCHASE WILL BE REQUIRED TO DEMONSTRATE THAT PURCHASER IS THE ORIGINAL PURCHASER AND THE PRODUCT WAS PURCHASED FROM AN AUTHORIZED RETAILER, AND ELIGIBLE TO MAKE A VALID CLAIM UNDER THIS LIMITED WARRANTY.

   

THIS MATTRESS WARRANTY DOES NOT COVER:

• A normal increase in softness of the Pillow layers which does not affect the pressure-relieving qualities or any other qualities of the Pillow;
• Reactions, normal impressions of the body on the product;
• Any product that has had the cover removed for any reason–removing the inside Pillow cover will void this warranty (not the outside cover);
• Any damage due to environmental causes;
• Physical abuse or damage to the structure and/or cover material, including but not limited to, burns, cuts, tears, liquid damage, or stains. However, if there is a warranty defect not caused by the abuse or damage then the Pillow would be covered under the warranty;
• Burns or stains on the fabric, dirt, proliferation of fungi and bacteria, caused by inappropriate use by the client, even in case of defect;
• Comfort preference;
• Inadequate transportation.
• Floor models or demonstration samples (“demos”) sold at a discount (See separate warranty for demos and floor models).
• Complaints registered out of the US territory.
• Product sold by resellers who are not authorized retailers.
• Pillows sold “as-is”, “preconditioned”, “reconditioned”, “used”, “returned”, “previously owned”, or any other similar wording indicating that the Pillow is not “new” or of “first quality”, or has previously been purchased or used by another consumer.

 

WARRANTY REMEDY

Except as otherwise provided herein, in the event of a Defect (as defined above), KEAM’s sole liability and your sole remedies under this Warranty will be:

For ONE (1) year of ownership, we will repair or replace your KEAM Pillow, but any transportation costs associated with repairs or replacements are purchaser’s responsibility.

In connection with the replacement of a product in compliance with the terms of this Limited Warranty, if a purchaser elects to upgrade to a more expensive product, it may do so by paying the difference between the cost of the original product being replaced and the cost of the upgraded product plus the cost of any related additional sleep system pieces not being replaced as part of the warranty exchange. In the event of an upgrade as described in this paragraph, a new warranty will be provided for the upgraded pieces only. In case there is no identical material available at the moment of repairing or replacement, KEAM has the right to provide another material of equal quality. Replacing a certain material does not imply replacing another. KEAM has the right to replace comparable materials or models and does not guarantee that the replacement will coincide with the existing part.

 

 

FOLLOWING THESE INSTRUCTIONS HELPS MAINTAIN THE WARRANTY OF YOUR PRODUCT

                                                                                              

WHAT NOT TO DO

• Do not remove the white label or the label with the name of the product. These labels are a means of identification that establishes your rights to the warranty
• Do not allow anyone to jump on your Pillow as this action may cause deformations and damage to the product;
• Do not use any kind of fabric spray or apply chemicals on this product.
• Do not smoke in bed or use inflammable products near the Pillow.
• Products with magnets form a constant magnetic field, so avoid placing on the mattress electronic appliances, magnetic cards, battery-run watches, cell phones, CDs, DVDs, etc.

 

WARNING

Magnets have a magnetic field, therefore they are prohibited for people with:

• Pacemakers and defibrillators
• Neurostimulators, insulin pumps or cochlear implants
• Implants that use batteries
• Other additional conditions prohibiting the use of products that emit a magnetic field
• People with chronic and/or severe heart diseases should consult a doctor before using devices with magnets and magnetic fields.
• Vibro-massager, as it is a mechanical stimulus, is not recommended for newborns and pregnant women, advanced cases of osteoarticular diseases (osteoporosis), severe circulatory diseases (thrombosis), hemorrhagic processes, post-surgery recovery period.

 

WARRANTY LIMITATIONS, DISCLAIMERS, AND LIMITATION OF LIABILITY

IN THE EVENT A WARRANTY CLAIM IS FILED AND A WARRANTY REPLACEMENT IS DEEMED NECESSARY, PURCHASER WILL BE REQUIRED TO SURRENDER THE ORIGINAL PRODUCT TO KENKO ENERGY AMERICAS AT THE TIME OF REPLACEMENT. KENKO ENERGY AMERICAS SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT OR ARISING OUT OF ANY BREACH OF THIS WARRANTY; THE EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY SHALL BE REPLACEMENT OR CREDIT TOWARDS REPLACEMENT AS SET FORTH HEREIN. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THE WARRANTY DESCRIBED ON THE FACE OF THIS LIMITED WARRANTY.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, KEAM LIMITS THE DURATION OF SUCH WARRANTIES TO THE SHORTER OF EITHER A) THE DURATION OF THIS WRITTEN WARRANTY, OR B) ANY MAXIMUM DURATION FOR IMPLIED OR STATUTORY WARRANTIES PROVIDED BY STATUTE. SOME STATES DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

KEAM LIMITS THE REMEDIES FOR SUCH WARRANTIES TO, AT KEAM’S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED HEREIN.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, IN NO EVENT WILL KEAM OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO KEAM PILLOWS 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 KEAM HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. KEAM’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PILLOW 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.

 

TERMINATION OF WARRANTY COVERAGE

• Having the product repaired at repair shops unauthorized by the manufacturer.
• Products purchased from persons unauthorized by Kenko Energy Americas.
• This warranty is not applicable to products used in hotels, motels and hospitals.
• This product has been designed for home use.
• When the original purchaser is deceased.

 

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, Kenko Energy Americas’, or any of our licensors’ intellectual property rights. “Dispute” means any dispute, action, or other controversy between you and Kenko Energy Americas concerning your KENKO ENERGY AMERICAS 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 Kenko Energy Americas 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 Kenko Energy Americas LLC, ATTN: Office of General Counsel, 7429 Riviera Blvd Unit 5, Miramar, FL 33023. Kenko Energy Americas will send any Notice of Dispute to You by U.S. Mail to Your address if we have it or to your e-mail address if we have it. You and Kenko Energy Americas 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 Kenko Energy Americas may commence arbitration.

(c) You may also litigate any dispute in small claims court in your county of residence or Broward County, Florida 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 Kenko Energy Americas 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 Kenko Energy Americas 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) In the event a dispute arises between you and KEAM arising out of this Warranty or the previous items (a) to (e) above, 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. Arbitration will take place in Broward County, FL. 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. The AAA may require information related to your product including purchase information. 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. Any 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.

(g) This warranty governs to the extent it conflicts with AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes.

(h) 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.

(i) 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.

You must seek arbitration for disputes arising out of this Limited Pillow 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 by the Magnuson-Moss Warranty Act.

 

GOVERNING LAW

This Limited Warranty will be governed by the laws of the State of Florida.

 

WARRANTOR

Kenko Energy Americas, LLC

7429 Riviera Blvd Unit 5

Miramar, FL 33023

 

You may contact Kenko Energy Americas’ Customer Service Department by calling toll-free 844-469-5326.

 

PLEASE RETAIN THIS LIMITED WARRANTY AND ORIGINAL PROOF OF PURCHASE FOR AT LEAST 2 YEARS FROM YOUR DATE OF PURCHASE.