PREMIUM REPLACEMENT LIMITED WARRANTY

Congratulations for your new device, developed by modern engineering for your relaxation. KEAM INFUSION mattresses 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

 

WARRANTY TERMS

As we strongly believe in the quality of our products, your new KEAM INFUSION mattress is covered by 5 Years a Warranty (the “Warranty”) against manufacturing defects for the period of the original owner’s (“you”) ownership and use. The electronic massaging device RelaxTek, a standard feature in our KEAM INFUSION mattresses, has a 2(two)-year warranty. Kenko Energy Americas, LLC (“KEAM”) undertakes no responsibility for the quality of the goods except as otherwise provided in this contract.

This warranty is broken into two halves:

• The first FIVE (5) years is a full replacement limited lifetime warranty.

 

WHO IS COVERED:

This warranty is valid only for the original purchaser from the original purchase date of the Mattress and is non-transferable. The “original purchaser,” for the purposes of this Warranty, is the first purchaser (an individual or entity) of the Mattress 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 mattress 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 mattresses sold by Kenko Energy Americas, LLC (“KEAM”) and purchased directly from KEAM Stores, KEAM website or KEAM’s authorized retailers (the “Mattresses”). KEAM warrants the Mattress 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 Mattress is purchased by you. Replaced or repaired Mattresses are subject to the same Warranty as the original Mattress. For example, if you obtain a replaced or repaired Mattress the warranty term of the replaced or repaired Mattress 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.

 

INFUSION MATTRESSES

Kenko Energy Americas Infusion mattresses are designed to work on a firm, solid-surface, non-spring foundation or adjustable bed base that is structurally capable of supporting the weight of purchaser’s Kenko Energy Americas mattress and user(s). IF PURCHASER USES INAPPROPRIATE FOUNDATIONS, BOX SPRINGS, ADJUSTABLE BED BASES, OR BED FRAMES WITH THE MATTRESS, SUCH USE WILL VOID THIS LIMITED WARRANTY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Kenko Energy Americas may require purchaser to provide proof of the quality of the foundation, adjustable bed base, or bed frame used in conjunction with the mattress if purchaser makes a claim under this Limited Warranty. Kenko Energy Americas makes no representations whatsoever as to the structural integrity or rated load for any frame, foundation, or adjustable base not manufactured by or for Kenko Energy Americas. Kenko Energy Americas reserves the right to invalidate this Limited Warranty if the foundation is determined, in Kenko Energy Americas’ reasonable discretion, to be inadequate or if the mattress is found to be in an unsanitary condition.

 

THE FOLLOWING DEFECTS ARE COVERED:

• Deterioration causing the Mattress to have a visible indentation greater than one and one half inches (1.5”) that is not associated with an indentation or sag which results from use of an improper or unsupportive foundation or bed base. Normal wear requires that a Mattress be continuously supported by a matching foundation or adjustable bed base with a proper bed frame sufficient to support the collective weight of the Mattress and any user(s);
• Any physical flaw in the Mattress that causes the foam material to evidence degradation, split or crack, despite normal usage and proper handling;
• A proper bed frame must provide sturdy support for both the mattress and foundation; including a center support and having at least 5-6 legs for queen, king and cal king and 4 leg support for twin and full mattresses. For queen, king, and cal king slatted style bed frames, it is incumbent upon purchaser to ensure that the frame utilized offers ample structural support for the mattress and foundation in view of that particular slatted style frame. Failure to have a proper bed frame may invalidate the limited warranty. The use of a bed frame is important for the life and protection of your sleep system. Neither mattresses, individually, nor sleep systems (mattress and foundation combination) are intended to sit/lay flat on the floor or on a waterbed frame or platform of untreated wood or untreated wood covered with fabric;
• Any manufacturing defect in the assembly of the Mattress Cover.

 

Please Note: Kenko Energy Americas highly recommends a 3-bed beam support system (available in the market at an additional cost) or a support system of similar quality that is designed specifically to give slatted style bed frames for queen, king and cal king mattresses additional structural support.

Any manufacturing defect in the zipper assembly of the mattress cover. Kenko Energy Americas may, at its own option, repair or replace the cover provided on the mattress. In the event that Kenko Energy Americas replaces the mattress cover, Kenko Energy Americas will replace it with the current style of cover available for the mattress, which may be of a different color or material than the original cover provided.

 

THIS MATTRESS WARRANTY DOES NOT COVER:

• A normal increase in softness of the Intelli Density® layers which does not affect the pressure-relieving qualities or any other qualities of the mattress;
• Reactions, normal impressions of the body on the product;
• Any product that has had the cover removed for any reason–removing the mattress cover will void this warranty;
• 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 mattress 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;
• Damage associated with an improper bed frame, foundation, or adjustable base. See above description and illustrations for a proper bed frame;
• Any product which has been subject to misuse, neglect, accident or used in violation of instructions, including instructions to place mattress on proper bed frame;
• Comfort preference;
• Inadequate transportation.
• Replacement of the accompanying piece in the Kenko Energy Americas sleep system where only one piece is defective unless that accompanying piece is also defective.
• 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.
• Mattresses sold “as-is”, “preconditioned”, “reconditioned”, “used”, “returned”, “previously owned”, or any other similar wording indicating that the Mattress 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 the first FIVE (5) years of ownership, we will repair or replace your KEAM INFUSION mattress, but any transportation costs associated with repairs or replacements are purchaser’s responsibility. Be it noted that any electronic massaging device system or remote provided with, or contained with, a Kenko Energy Americas INFUSION mattress is warranted for two (2) years, such period commencing from the time of purchase of the product except if the product is a demonstration or floor model, which in such case the warranty period commences with the manufacturing date of the product as provided on the product’s law tag. In the event that such electronic massaging device system or remote is deemed defective, Kenko Energy Americas may, at Kenko Energy Americas’ choice, repair or replace such component. In the event that repair is necessary, such repair will be at no charge to the Purchaser except for transportation costs associated with such repair or replacement.

In connection with the replacement of a product in compliance with the terms of this 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.

 

 

DEMONSTRATION SAMPLES AND FLOOR MODELS

Except as otherwise provided herein regarding the electronic massaging device system or remote provided with, or contained within, a Kenko Energy Americas product, demonstration samples (“demo(s)”) and floor model(s) are sold “as is” and “with all faults” and covers on demos and floor models (whether removable or not) are not warranted or guaranteed.

 

FOLLOWING THESE INSTRUCTIONS HELPS MAINTAIN THE WARRANTY OF YOUR PRODUCT

 

WHAT TO DO

• When receiving the mattress, unpack it and leave it in a ventilated place for 24 hours prior to use.
• Use a strong, even, rigid base that withstands the weight, in perfect conditions for you to rest your Infusion Energy mattress. If the base of your mattress does not offer enough support, it may damage your product and the warranty will not be valid.
• Pack your Infusion Energy mattress whenever you transport it.
• Brush, vacuum and ventilate your mattress whenever possible, taking off your sheets and maintaining the room ventilated.

                                                                                                

WHAT NOT TO DO

• Do not use any material between the base and the mattress, such as cardboard or plastic, in order to allow for the ventilation between the products.
• Do not use a slatted bed base to rest your mattress (for example: a platform where your mattress lies directly over slats with gaps of 2 (two) inches). In this case, you can place a solid platform on the slats and then place your Infusion Energy mattress on it.
• 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 mattress and avoid always sitting on the same place, as these actions may cause deformations and damage to the product; . Do not use cleaning products on your mattress, as this may damage some of the materials.
• 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 mattress.
• 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 and vibrator massagers (motors containing 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 INFUSION MATTRESSES 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 MATTRESS 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 Mattress 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 5 YEARS FROM YOUR DATE OF PURCHASE.