Warranty

Updated: 05-03-2019

MATTRESS - 25 YEAR LIMITED WARRANTY

Because we at Fern Earth believe in our Fern Green Mattress, and we want to provide our customers with high quality, long lasting products, we are hereby extending this twenty-five (25) year promise.

Please retain this paperwork for future reference.

What this Limited Warranty Covers:


YEARS 1-10: FULL COVERAGE — NON-PRORATED


During the first ten (10) years of the Mattress Warranty, Fern Earth will not charge purchaser to repair or replace purchaser’s mattress if it qualifies under the Mattress Warranty. This period is non-prorated which means that Fern Earth does not charge a percentage of the repair costs or replacement product based on the amount of time you slept on the mattress prior to noticing a defect. Proof of direct, authorized purchase is required with all warranty claims. This warranty applies only to The Fern Green Latex Mattress and is not extended to other products in the Fern Earth product line.


YEARS 11-25: LIMITED COVERAGE — PRORATED


During years 11-25 of the Mattress Warranty, Fern Earth will, at its option, replace the mattress at a prorated charge to the purchaser in addition to transportation and/or shipping charges. The prorated replacement charged will be dependent on the year that the Mattress is replaced.

If the Mattress is replaced during the eleventh (11th) year, the prorated replacement charge the purchaser pays will be fifty (50) percent of the original purchase price. If the Mattress is replaced after the eleventh (11th) year, but before the twenty-first (21st) year, the prorated replacement charge the purchaser pays will increase by five (5) percent for each subsequent year of the prorated period (i.e. 55% of the original purchase price if replaced during year twelve (12); 60% of the original purchase price if replaced during year thirteen (13), etc. If the mattress is replaced in year twenty-one (21) or any point thereafter prior to expiration of the Mattress Warranty the prorated replacement charge will be 95% of the original purchase price.


YOUR RESPONSIBILITIES:


The Mattress Warranty begins at the time the Mattress is purchased by you, when the Mattress is used normally for its intended purposes and on a rigid, solid surface or slatted bed base that is structurally capable of supporting the weight of the Mattress and user(s). The Mattress must be kept away from direct sunlight and kept out of close proximity with any heating devices.

A proper bed frame is defined, for the purpose of this Mattress Warranty, as having at least five to six (5-6) leg supports for a Queen or King Mattress, and four (4) leg support for all other Mattresses. For Queen and King, slatted style bed frames, there cannot be greater than five (5) inches between each slat in order to provide ample structural support for the foundation and user(s).

In the case of a Mattress that is packaged in a compressed and rolled manner, also referred to as a “bed-in-a-box,” your Mattress Warranty is valid if your product was opened within two (2) weeks of receiving the Mattress to prevent compression for an extended period of time. A Mattress that is compressed for a prolonged period will have structural damage and/or condensation from being packaged for an extended period of time.

Fern Earth makes no medical or health claims regarding its Mattresses. Allergies, discomfort, or other conditions, are not covered under this Mattress Warranty. Any questions or concerns regarding medical or health conditions should be addressed by a licensed physician.
It is recommended that users rotate their Mattress head-to-toe, once a month for the first six months, then every other month for the life of the Mattress, to ensure even wear. Failure to do so may void the Mattress Warranty.

In the event of the issuance of a replacement Mattress, Fern Earth may ask you to donate the used Mattress to charity to help repurpose the Mattress for someone in need. In that case, you will be required to provide a written receipt or proof of return, disposal or donation of the original, defective Mattress, from a legitimate organisation, before any replacement mattress or refunds will be issued. This Mattress Warranty is not transferable and applies only to a mattress purchased from Fern Earth by the original purchaser.


WHO THIS LIMITED WARRANTY IS EXTENDED TO:

This Limited Warranty extends to the initial, “original” purchaser of this product only and not to any possible future owner(s) of the product. For purposes of this Limited Warranty, an “original” purchaser is the individual or entity who purchased this mattress from Fern Earth directly or, as the case may be, from an authorized retailer, distributor or dealer.


DEFECTS COVERED UNDER THE MATTRESS WARRANTY:

Any VISIBLE indentation equal or greater than one (1) inch that is NOT associated with or resulting from a faulty, improper or unsupportive foundation, box spring or platform that is not designed or constructed so that it is capable of handling the combined weight of the Mattress and its intended users. The indentation must be visible to the naked eye when no weight is applied to the top of the Mattress. If the purchaser uses an inappropriate foundation, box spring or base as determined by Fern Earth, the Mattress Warranty, without limitation, will be void. Fern Earth may require the purchaser to provide proof of the quality of the foundation, box spring or base used. Any physical flaw in the natural latex foam that causes it to split or crack under conditions of normal use and proper handling.



THIS MATTRESS WARRANTY DOES NOT COVER:

Normal wear and tear or any condition resulting from misuse or abuse of the Mattress or failure to keep the Mattress clean and free of stains and potentially unsanitary conditions.

A normal increase in softness due to normal usage.

Comfort preference. Any comfort level description of any Mattress is solely provided as a guideline and Fern Earth does not guarantee the firmness or softness quality of any Mattress, nor does it warrant that a particular comfort preference will be to your liking.

Mould, odours, and/or discolouration caused by abnormal care including, but not limited to liquid spills, improper ventilation including, but not limited to humid climates and/or areas where the Mattress is exposed to excessive water or humidity.

Damage associated with an improper bed frame, foundation, box spring, or base as determined by Fern Earth.

Imperfections that do not prevent ordinary use and enjoyment of the Mattress by a reasonable person are not considered to be defects. For example, surfaces may not be perfectly even, and corners may not be perfectly shaped or symmetrical. These are not defects for which you can seek a remedy under this Mattress Warranty. More specifically, this Mattress Warranty excludes: (a) minor imperfections and slight cosmetic flaws; (b) normal wear and tear; (c) tears, stains, soiling, burns, and discolouration that occur over time; (d) dampness or mould; (e) individual or personalised preferences relating to firmness, texture, comfort, etc.; (f) normal body impressions not greater than one (1) inch in the Mattress as measured below the quilt level — in other words, some settling of the fibre in the quilt should be expected and is not considered a defect); (g) individual or personalised allergies and sensitivities; and (h) naturally occurring cotton, wool, or latex foam aromas.

In addition, this Mattress Warranty does not cover conditions resulting from abusive handling, misuse, or neglect. Accordingly, the following circumstances, if discovered upon inspection, will void your Warranty: (a) any unsanitary condition; (b) burns; (c) use of the Product on an improper bed frame; (d) physically abusing the Mattress; (e) attempting to clean the Mattress in an inappropriate manner; and (f) improper storage of the Mattress (including storage in damp locations, areas infested with insects or rodents, or any other unprotected storage areas); and (g) purchase from resellers who are not authorised retailers.


FERN EARTH SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT OR ARISING OUT OF ANY BREACH OF THIS LIMITED 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. IN ANY CASE, THE EXTENT OF LIABILITY ON THE PART OF FERN EARTH WILL BE LIMITED TO THAT OF THE PURCHASE PRICE OF THE PRODUCT.

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.



HOW TO FILE A CLAIM UNDER THIS WARRANTY:

To file a claim under the terms of this Limited Warranty, please contact Fern Earth by emailing us at info@fernearth.com.au. Please have your proof of purchase documentation ready and available. In the event that a warranty claim is filed and a product replacement is deemed necessary, purchaser must surrender the original product to Fern Earth.

In the event that you, the purchaser, makes a claim under this Limited Warranty, Fern Earth will, within thirty days of its receipt of your returned mattress, repair or replace it, if it is found to abide by the Warranty conditions and be defective. While Fern Earth will pay for shipping costs associated with the replacement product to the original purchaser, any shipping costs incurred with the return of a mattress from the purchaser to Fern Earth will be borne by the purchaser.



PLEASE RETAIN THIS LIMITED WARRANTY AND YOUR ORIGINAL PROOF OF PURCHASE FOR AT LEAST 25 YEARS FROM YOUR DATE OF PURCHASE.

 

 

MATTRESS TOPPER - 10 YEAR LIMITED WARRANTY


Beginning on the date of purchase, your new Fern Green Mattress Topper (the “Mattress Topper”) is covered by a 10-year limited warranty (the “Mattress Topper Warranty”). This Mattress Topper Warranty extends to the original purchaser of the Mattress Topper and extends to all Mattress Toppers purchased directly from Fern Earth. The “original purchaser” for the purposes of this Mattress Topper Warranty is the first purchaser of the Mattress Topper from Fern Earth. This Mattress Topper Warranty is not transferable and applies only to a Mattress Topper purchased from Fern Earth by the original purchaser.

Fern Earth warrants the Mattress Topper against the defects in material and workmanship set forth below (“Defects”) for a period of 10 years from the time your Mattress Topper is purchased by you when the Mattress Topper is used normally for its intended purposes on top of an existing mattress.

If your Mattress Topper has a defect covered under this Mattress Topper Warranty, Fern Earth’s sole and exclusive liability (and your sole remedy under this Mattress Topper Warranty) will be, at Fern Earth’s option, to provide a replacement Mattress Topper, subject to the fulfilment of your obligations as set forth herein.

In the event Fern Earth chooses to replace the Mattress Topper, the replacement will be of the same model and size as the original Mattress Topper purchased. In no event will a substitution model be used as a replacement except in the case of a discontinued Mattress Topper, in this event a Mattress Topper of like build and design, at Fern Earth's discretion will be used as a replacement for the defective Mattress Topper.

 

YOUR RESPONSIBILITIES:

The Mattress Topper Warranty begins at the time the Mattress is purchased by you, when the Mattress Topper is used normally for its intended purposes and on a mattress that is structurally capable of supporting the Mattress Topper and user(s). The Mattress Topper must be kept away from direct sunlight and kept out of close proximity with any heating devices.

In the case of a Mattress Topper that is packaged in a compressed and rolled manner, your Mattress Topper Warranty is valid if your product was opened within two (2) weeks of receiving the Mattress Topper to prevent compression for an extended period of time. A Mattress Topper that is compressed for a prolonged period may have structural damage and/or condensation from being packaged for an extended period of time.

Fern Earth makes no medical or health claims regarding its Mattress Toppers. Allergies, discomfort, or other conditions, are not covered under this Mattress Topper Warranty. Any questions or concerns regarding medical or health conditions should be addressed by a licensed physician.

It is recommended that users rotate their Mattress Topper head-to-toe, once a month for the first six months, then every other month for the life of their mattress, to ensure even wear.
In the event of the issuance of a replacement Mattress Topper, Fern Earth may ask you to donate the used Mattress Topper to charity to help repurpose the Mattress Topper to someone in need. In that case, you will be required to provide a written receipt or proof of return, disposal or donation of the original, defective mattress, from a legitimate organisation, before any replacement mattress or refunds will be issued. This Mattress Topper Warranty is not transferable and applies only to a Mattress Topper purchased from Fern Earth by the original purchaser.

DEFECTS COVERED UNDER THE MATTRESS TOPPER WARRANTY:

Any VISIBLE indentation equal to or greater than one (1) inch that is NOT associated with or resulting from faulty or improper usage. The indentation must be visible to the naked eye when no weight is applied to the top of the Mattress Topper.
Any physical flaw in the natural latex foam that causes it to split or crack under conditions of normal use and proper handling.

 

THIS MATTRESS TOPPER WARRANTY DOES NOT COVER:

Using the Mattress Topper on any other surface other than an existing mattress.
Normal wear and tear or any condition resulting from misuse or abuse of the Mattress Topper or failure to keep the Mattress Topper clean and free of stains and potentially unsanitary conditions.
A normal increase in softness due to normal usage.
Comfort preference. Any comfort level description of any mattress is solely provided as a guideline and Fern Earth does not guarantee the firmness or softness quality of any Mattress Topper, nor does it warrant that a particular comfort preference will be to your liking.
Physical abuse or damage to the structure and/or materials, including, but not limited to burns, cuts, tears, and/or liquid damage.
Mould, odours, and/or discolouration caused by abnormal care including, but not limited to liquid spills, improper ventilation, including, but not limited to humid climates and/or areas where the Mattress Topper is exposed to excessive water or humidity.
Imperfections that do not prevent ordinary use and enjoyment of the Mattress Topper by a reasonable person are not considered to be defects. For example, surfaces may not be perfectly even, and corners may not be perfectly shaped or symmetrical. These are not defects for which you can seek a remedy under this Mattress Topper Warranty. More specifically, this Mattress Topper Warranty excludes: (a) minor imperfections and slight cosmetic flaws; (b) normal wear and tear; (c) tears, stains, soiling, burns, and discolouration that occur over time; (d) dampness or mould; (e) individual or personalised preferences relating to firmness, texture, comfort, etc.; (f) normal body impressions not greater than one (1) inch in the Mattress Topper as measured below the quilt level – in other words, some settling of the fibre in the quilt should be expected and is not considered a defect); (g) individual or personalised allergies and sensitivities; and (h) naturally occurring cotton, wool, or latex foam aromas.
In addition, this Mattress Topper Warranty does not cover conditions resulting from abusive handling, misuse, or neglect. Accordingly, the following circumstances, if discovered upon inspection, will void your Mattress Topper Warranty: (a) any unsanitary condition; (b) burns; (c) use of the Mattress Topper on an improper bed frame; (d) physically abusing the Mattress Topper; (e) attempting to clean the Mattress Topper in an inappropriate manner; and (f) improper storage of the Mattress Topper (including storage in damp locations, areas infested with insects or rodents, or any other unprotected storage areas); and (g) purchase from resellers who are not authorised retailers.

 

YEARS 1-5: FULL COVERAGE — NON-PRORATED

During the first five (5) years of the Mattress Topper Warranty, Fern Earth will not charge purchaser to repair or replace purchaser’s Mattress Topper if it qualifies under the Mattress Topper Warranty. This period is non-prorated which means that Fern Earth does not charge a percentage of the repair costs or replacement product based on the amount of time you slept on the Mattress Topper prior to noticing a defect.

 

YEARS 6-10: LIMITED COVERAGE — PRORATED

During years 6-10 of this Mattress Topper Warranty, Fern Earth will, at its option, replace the Mattress Topper at a prorated charge to the purchaser plus transportation and/or shipping charges. The prorated replacement charged will be dependent on the year that the Mattress Topper is replaced.

If the Mattress Topper is replaced during the sixth (6th) year, the prorated replacement charge the purchaser pays will be fifty (50) percent of the original purchase price. If the Mattress Topper is replaced after the seventh (7th) year, the prorated replacement charge the purchaser pays will increase by ten (10) percent for each subsequent year of the prorated period. If the Mattress Topper is replaced in year ten (10) or any point thereafter prior to expiration of the Mattress Topper Warranty the prorated replacement charge will be 90% of the original purchase price.

The replacement will be of the same model and size as the original Mattress Topper purchased. In no event will a substitution model be used as a replacement except in the case of a discontinued Mattress Topper. In this event, a Mattress Topper of like build and design, at Fern Earth's discretion, will be used as a replacement for the defective Mattress Topper. Replaced or repaired Mattress Toppers are subject to the same Mattress Topper Warranty as the original Mattress Topper. If you obtain a replaced or repaired Mattress Topper, the warranty term of the replaced or repaired Mattress Topper begins from the date of purchase of the original Mattress Topper.

 

MAKING A CLAIM:

To make a valid claim under this Mattress Topper Warranty, you must: Fill out a warranty ticket supplied when you contact info@fernearth.com.au. This should include a brief narrative describing the defect and how it is affecting the performance of the Mattress Topper.

 

YOU MUST ALSO PROVIDE:

Valid original proof of purchase demonstrating date of purchase and that the claimant is the original purchaser and still has the Mattress Topper.
Photos of the defect if you believe it would help Fern Earth understand the nature of the defect, or if Fern Earth requests them.
Please send all requested documentation to info@fernearth.com.au. You are responsible for submitting your claim with sufficient supporting documentation for Fern Earth to provide a remedy if necessary. Fern Earth reserves the right, in Fern Earth's sole discretion, to require photographs, further information or descriptions, or to send a representative or independent mattress inspector to physically inspect the Mattress Topper prior to accepting your claim under this Mattress Topper Warranty. Your Mattress Topper Warranty may be voided if you refuse to cooperate with an investigation, provide adequate responses to requests, or comply with any provision of this Mattress Topper Warranty.

The serviceable area for all Fern Earth products is addressed within all states of Australia only. If your Fern Earth product is located outside of Australia, you are responsible for any costs associated with pick-up and return.

 

DISCLAIMER (LIMITATIONS ON LIABILITY):

To the maximum extent permitted by applicable law, Fern Earth and its authorised resellers, distributors, and/or suppliers make no representations, warranties or conditions, express or implied, beyond those set forth in this warranty and non-puffery claims in Fern Earth marketing materials. each of those parties disclaims any and all warranties or conditions, express, statutory and implied. Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you. There are no warranties that extend beyond the face of this document.

In no event will Fern Earth or its resellers, distributors, and/or suppliers be liable for any damages, including without limitation any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from your or any third party’s purchase and/or use of the product, even if Fern Earth or such other party has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) negligence, or (4) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. Some jurisdictions do not allow the limitation or exclusion of certain damages, warranties or conditions, so some of the above limitations may not apply to you. In no case shall Fern Earth’s liability exceed the purchase price paid for the Mattress Topper giving rise to any such liability.

 

ARBITRATION:

If a dispute arises between you and Fern Earth arising out of or relating to this Mattress Topper Warranty, that dispute will be resolved in accordance with the general dispute resolution provisions of the Fern Earth terms of service. The arbitration conducted pursuant to this provision will be deemed final and binding and will not be subject appeal absent extraordinary circumstances.

As in all other dispute situations under the Fern Earth terms of service, an arbitration concerning a dispute arising out of or relating to the Mattress Topper Warranty will not be combined with any other proceeding or arbitration against one of the parties. In addition, to the maximum extent permitted by applicable law, you will only be permitted to assert your own claim, and may not appear as a representative of the interests of any other person, entity or class of consumers (including a private attorney general or otherwise).

GOVERNING LAW:

This limited Mattress Topper Warranty will be governed by the laws of Australia.

WARRANTOR:

Fern Earth
info@fernearth.com.au

 

 

PILLOW - 1 YEAR LIMITED WARRANTY


Beginning on the date of purchase, your new Fern Green Pillow (the “Pillow”) is covered by a one-year limited warranty (the “Pillow Warranty”). This Pillow Warranty extends to the original purchaser of the Fern Green Pillows (“Pillows”), and extends to all Pillows purchased directly from Fern Earth. The “original purchaser” for the purposes of this Pillow Warranty is the first purchaser of the Pillow from Fern Earth. This Pillow Warranty is not transferable and applies only to a Pillow purchased from Fern Earth by the original purchaser.

Fern Earth warrants the Pillow against the defects in material and workmanship for a period of one year from the time your Pillow is purchased by you, when the Pillow is used normally for its intended purposes.


YOUR RESPONSIBILITIES:

In the event of a defect, Fern Earth's sole and exclusive liability and your sole remedy under this Pillow Warranty will be, at Fern Earth's option, to provide a replacement, subject to your fulfilment of the requirements set forth below.

To get the benefit of this Pillow Warranty, you must return your Pillow to Fern Earth or the product manufacturer and provide Fern Earth with proof of the original date of purchase as well as proof that the Pillow was in fact returned.


THE PILLOW WARRANTY DOES NOT COVER:

Normal wear and tear as a result of washing and intended use.
Comfort preference.
Physical abuse or damage to the Product, including but not limited to: burns, cuts, tears, liquid damage, or stains; provided, that the defect is caused by such abuse or damage.


MAKING A CLAIM:

To file a claim under this warranty, please submit a request to info@fernearth.com.au. Evidence of a defect and proof of purchase must be included. The address for returns will vary depending on the Pillow and will be provided to you once Fern Earth has reviewed your submissions and determine that there is in fact a defect covered by this Pillow Warranty. In the event of a defect, Fern Earth will ship a replacement to you upon proof that you returned the defective Pillow.

Replaced Pillows are subject to the same Pillow Warranty as the original. For example, if you obtain replacement that are the same style and price as the original, then the Pillow Warranty term of the replaced Pillow begins from the date of purchase of the original.

The serviceable area for all Fern Earth products is addressed within all states of Australia. If your Fern Earth product is located outside of Australia, you are responsible for any costs associated with pick-up and return.


DISCLAIMER (LIMITATIONS ON LIABILITY):

To the extent permissible by applicable law, the Pillow is provided “as is” and this Pillow 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.

To the maximum extent permitted by applicable law and except as set forth in this Pillow Warranty, in no event will Fern Earth 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 Pillow 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 Fern Earth has been advised of such damages and notwithstanding the failure of essential purpose of any limited remedy. Fern Earth's total liability will not exceed the purchase price paid for the pillow giving rise to such liability.


ARBITRATION:

If a dispute arises between you and Fern Earth arising out of or relating to this Pillow Warranty, that dispute will be resolved in accordance with the general dispute resolution provisions of the Fern Earth terms of service. The arbitration conducted pursuant to this provision will be deemed final and binding and will not be subject appeal absent extraordinary circumstances.

As in all other dispute situations under the Fern Earth terms of service, an arbitration concerning a dispute arising out of or relating to the Pillow Warranty will not be combined with any other proceeding or arbitration against one of the parties. In addition, to the maximum extent permitted by applicable law, you will only be permitted to assert your own claim, and may not appear as a representative of the interests of any other person, entity or class of consumers (including a private attorney general or otherwise).


GOVERNING LAW:

This limited Pillow Warranty will be governed by the laws of Australia.


WARRANTOR:

Fern Earth
info@fernearth.com.au