American CottonTM 10-Year Limited Warranty
Your new American CottonTM sheet set, pillowcase pair, duvet-comforter cover, memory foam fitted sheet, towel, or robe (the “Product”) is covered by a 10-year limited warranty (the “Warranty”). This Limited Warranty gives you certain legal rights, and you may also have other rights which differ from state to state.
Products covered by this Limited Warranty
This Limited Warranty extends to sheet sets, pillowcase pairs, duvet-comforter covers, memory foam fitted sheets, towels, and/or robes manufactured by American Cotton LLC. (“American CottonTM”) and purchased directly from American CottonTM.
Who this Warranty extends to
This Limited Warranty extends to the original purchaser of any Product. All American CottonTM warranties, including any implied warranties, are valid only for the period of time the Product is owned by the original purchaser of the Product. The “original purchaser,” for the purposes of this Warranty, is the first purchaser of the Product from American CottonTM. Please retain a copy of your receipt as proof of purchase. All American CottonTM limited warranties are not transferable.
American Cotton's limited Warranty and responsibilities
American CottonTM warrants the Product in its original packaging sold to you against the defects in material and workmanship set forth below (“Defects”) for a period of 10 years from the time your Product is purchased by you when the Product is used normally for its intended purposes.
What this Limited Warranty covers
This Limited Warranty does not cover the following:
- Normal wear and tear as a result of washing and intended use.
- Comfort preference.
- Physical abuse or damage to the Products, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the defect is caused by such abuse or damage.
- Damage caused by physical abuse, negligence, improper installation or misuse.
- Damage caused by institutional or commercial use.
- Damage caused by Acts of God or other natural forces.
- Replacement of any non-defective pieces of the Products (for example, if one component of the Product is defective, then we will replace the defective component only).
- Any Products by resellers who are not authorized retailers.
In the event of a Defect, American Cotton’s sole and exclusive liability and your sole remedy under this Limited Warranty will be, at American Cotton’s option, to provide a repaired or replacement Product, subject to your fulfillment of “Your Responsibilities” below. The replacement Product may be provided in a color different from the Product you originally purchased.
In the event of a Defect and in order to get the benefit of this Limited Warranty, you must return your Product to American CottonTM and provide American CottonTM with proof of the original date of purchase. Should shipping costs be required to return your Product, you will not be responsible for those costs. Evidence of a Defect and any claims must be sent to the address set forth at the end of this Limited Warranty. In the event of a Defect, American CottonTM will ship a replacement Product (if applicable) to you.
The replaced Product is subject to the same limited Warranty as the original Product. For example, if you obtain replacement Towels that are the same style and price as the original Towels, then the warranty term of the replaced Towels begins from the date of purchase of the original Towels.
Disclaimer, limitation on liability
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PRODUCT IS PROVIDED “AS IS” AND THIS 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.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, IN NO EVENT WILL AMERICAN COTTONTM BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE PRODUCT 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 AMERICAN COTTONTM HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. AMERICAN COTTON’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT 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.
In the event a dispute arises between you and American CottonTM arising out of this Limited Warranty, 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, or you can call the AAA at 1-800-778-7879.
You must seek arbitration for disputes arising out of this Limited 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.
Arbitration will take place in New York, New York.
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. 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. A 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.
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