MATTRESS LIMITED LIFETIME WARRANTY

For all Birch Mattresses purchased after 02/01/2025, your new Birch Mattress is covered by a limited lifetime warranty. This limited lifetime warranty gives you specific legal rights and covers all manufacturing defects. You may also have other rights, which vary from state to state. If you think you need to claim your warranty, please let us know! Please see below for additional details.

For all products purchased prior to 02/01/2025, please click HERE to access the terms of the warranty applicable to your product at the time of purchase.

Products Covered by This Limited Lifetime Warranty.

This limited lifetime warranty (“Limited Lifetime Warranty”) extends to mattresses manufactured by Brooklyn Bedding, LLC d/b/a Birch by Helix ("Birch”, “we”, “us ") and purchased directly from Birch or Birch 's authorized retailers. This Limited Lifetime Warranty includes the Birch Natural Mattress and Birch Kids Natural Mattress (“Standard Mattress”) and the Birch Luxe Natural Mattress (“Luxe Mattress”), which collectively will be referred to as “Mattresses” (plural) or “Mattress” (singular) unless otherwise noted. Some parts of this Limited Lifetime Warranty also extend to covers sold with Mattresses ("Mattress Covers"). Mattresses are designed to work on a firm, solid-surface, on a bed base that is structurally capable of supporting the weight of the Mattress and user(s).

Who This Limited Lifetime Warranty Extends To.

This Limited Lifetime Warranty extends to the original purchaser of any Mattress who is located in the United States (not including US territories) or Canada. This Limited Lifetime Warranty is valid only for the period of time the Mattress is owned by the original purchaser of the Mattress. The "Original Purchaser" or “you”, for the purposes of this Limited Lifetime Warranty, is the first purchaser of the Mattress from Birch or a Birch authorized retailer. PLEASE RETAIN A COPY OF YOUR RECEIPT AS PROOF OF PURCHASE. All Birch warranties are not transferable.

Birch's Limited Lifetime Warranty and Responsibilities.

Birch warrants the Mattress in its original packaging against the defects in material and workmanship set forth below ("Defects") for the full period of the Original Purchaser’s ownership and use, from the time the Mattress is purchased by the Original Purchaser (the “Original Purchase Date”), and when the Mattress is used normally for its intended purposes.

YEARS 1-10: NON-PRORATED COVERAGE

For the first 10 years from the Original Purchase Date, the Mattress is warranted against non-excluded defects in the workmanship or materials. During this time, Birch will repair or replace any defective Mattress at no cost to the Original Purchaser.

YEARS 11-END OF OWNERSHP: PRORATED COVERAGE

From year 11 through the remainder of the period of the Original Purchaser’s ownership and use, Birch will replace the Mattress at a prorated charge to the Original Purchaser. The prorated replacement charge will depend on the year the Mattress is replaced.

During years 11-15 of the Limited Lifetime Warranty, the prorated replacement charge the Original Purchaser will pay will be fifty (50) percent of the then current retail price of the same model and size as the original Mattress purchased.

During years 16-20 of the Limited Lifetime Warranty, the prorated replacement charge the Original Purchaser will pay will be sixty (60) percent of the then current retail price of the same model and size as the original Mattress purchased.

From year 21 through the remainder of the period of the Original Purchaser’s ownership and use of the Mattress, the prorated replacement charge the Original Purchaser will pay will be seventy-five (75) percent of the then current retail price of the same model and size as the original Mattress purchased.

Any replacement will be of the same model and size as the original Mattress purchased. In no event will a substitution model be used as a replacement except in the case of a discontinued Mattress. In this event, a Mattress of like build and design, at Birch’s discretion, will be used as a replacement for the defective Mattress. Replaced or repaired Mattresses are subject to the same Mattress Limited Lifetime Warranty as the original Mattress. If the Original Purchaser obtains a replaced or repaired Mattress, the Limited Lifetime Warranty term of the replaced or repaired Mattress begins from the Original Purchase Date.

Removing the Mattress Cover from a Mattress will automatically void any Limited Lifetime Warranty claim. Please contact Birch in advance or if you have any questions.

What This Limited Lifetime Warranty Covers.

This Limited Lifetime Warranty applies to the following Defects in a Mattress:

• Deterioration causing the Mattress to have a visible indentation greater than one and one-half (1.5) inches that is not associated with an indentation or sag which results from use of an improper or unsupportive foundation or adjustable 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 foundation. Any foundation, box spring, frame, or other base on which the Mattress is placed that has slats greater than 5.5 inches apart will be considered improper and will void the Limited Lifetime Warranty.
• Any physical flaw in the Mattress that causes the foam or spring material to split or crack, despite normal usage and proper handling.
• Any manufacturing defect in the assembly of the Mattress Cover.

This Limited Lifetime Warranty does not cover the following:

• A normal increase in softness of the foam pressure-relieving material which does not affect the pressure-relieving qualities of the Mattress.
• Comfort preference beyond the 100 day risk free trial period.
• Physical abuse or damage to the structure and/or cover material, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the Defect is caused by such abuse or damage.
• For years 1 – 10 of this Limited Lifetime Warranty, replacement of any non-defective pieces in the Birch sleep system (for example, if you purchase a mattress with multiple components and only one component is defective, then we will only replace the defective component).
• Any mattress (whether manufactured by Birch or not) sold by resellers who are not authorized retailers of Birch.
• Mattresses sold "as-is", "preconditioned", "reconditioned", "used", "comfort return", "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.

In the event of a Defect, Birch's sole and exclusive liability and the Original Purchaser’s sole remedy under this Limited Lifetime Warranty will be, at Birch's option, to provide a repaired or replacement Mattress or Mattress Cover of similar or greater value, as applicable, and subject to the Original Purchaser’s fulfillment of "Purchaser Responsibilities" below. 

Purchaser Responsibilities.

In the event of a Defect and in order to get the benefit of this Limited Lifetime Warranty, the Original Purchaser must return the Mattress or Mattress Cover to Birch and provide Birch with proof of the original date of purchase. Mattresses and Mattress Covers must be sent to the address set forth at the end of this Limited Lifetime Warranty.

If Birch deems a claim made under this Limited Lifetime Warranty is valid, Birch will repair or replace (as applicable) and ship the Mattress or replacement Mattress back to the Original Purchaser. Please note Birch takes all efforts to complete these requests as quickly as possible and some cases can take longer than others.

Disclaimer, Limitation on Liability.

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MATTRESS IS PROVIDED "AS IS" AND THIS LIMITED LIFETIME WARRANTY IS YOUR EXCLUSIVE WARRANTY AND REPLACES 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 EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL IMPLIED WARRANTIES ARE HEREBY DISCLAIMED. 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 LIFETIME WARRANTY, IN NO EVENT WILL BIRCH OR ITS SUPPLIERS BE LIABLE FOR OR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE MATTRESS 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 BIRCH HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BIRCH’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.

Arbitration.

In the event a dispute arises between you and Birch arising out of this Limited Lifetime 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 Lifetime 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.

Governing Law.

This Limited Lifetime Warranty will be governed by the laws of the State of New York, without giving effect to its conflict of laws rules.

Warrantor.

Brooklyn Bedding, LLC d/b/a Birch by Helix

30 Irving Place

9th Floor

New York, NY 10003

warranty@birchliving.com

MATTRESS LIMITED LIFETIME WARRANTY

For all Birch Mattresses purchased after 02/01/2025, your new Birch Mattress is covered by a limited lifetime warranty. This limited lifetime warranty gives you specific legal rights and covers all manufacturing defects. You may also have other rights, which vary from state to state. If you think you need to claim your warranty, please let us know! Please see below for additional details.

For all products purchased prior to 02/01/2025, please click HERE to access the terms of the warranty applicable to your product at the time of purchase.

Products Covered by This Limited Lifetime Warranty.

This limited lifetime warranty (“Limited Lifetime Warranty”) extends to mattresses manufactured by Brooklyn Bedding, LLC d/b/a Birch by Helix ("Birch”, “we”, “us ") and purchased directly from Birch or Birch 's authorized retailers. This Limited Lifetime Warranty includes the Birch Natural Mattress and Birch Kids Natural Mattress (“Standard Mattress”) and the Birch Luxe Natural Mattress (“Luxe Mattress”), which collectively will be referred to as “Mattresses” (plural) or “Mattress” (singular) unless otherwise noted. Some parts of this Limited Lifetime Warranty also extend to covers sold with Mattresses ("Mattress Covers"). Mattresses are designed to work on a firm, solid-surface, on a bed base that is structurally capable of supporting the weight of the Mattress and user(s).

Who This Limited Lifetime Warranty Extends To.

This Limited Lifetime Warranty extends to the original purchaser of any Mattress who is located in the United States (not including US territories) or Canada. This Limited Lifetime Warranty is valid only for the period of time the Mattress is owned by the original purchaser of the Mattress. The "Original Purchaser" or “you”, for the purposes of this Limited Lifetime Warranty, is the first purchaser of the Mattress from Birch or a Birch authorized retailer. PLEASE RETAIN A COPY OF YOUR RECEIPT AS PROOF OF PURCHASE. All Birch warranties are not transferable.

Birch's Limited Lifetime Warranty and Responsibilities.

Birch warrants the Mattress in its original packaging against the defects in material and workmanship set forth below ("Defects") for the full period of the Original Purchaser’s ownership and use, from the time the Mattress is purchased by the Original Purchaser (the “Original Purchase Date”), and when the Mattress is used normally for its intended purposes.

YEARS 1-10: NON-PRORATED COVERAGE

For the first 10 years from the Original Purchase Date, the Mattress is warranted against non-excluded defects in the workmanship or materials. During this time, Birch will repair or replace any defective Mattress at no cost to the Original Purchaser.

YEARS 11-END OF OWNERSHP: PRORATED COVERAGE

From year 11 through the remainder of the period of the Original Purchaser’s ownership and use, Birch will replace the Mattress at a prorated charge to the Original Purchaser. The prorated replacement charge will depend on the year the Mattress is replaced.

During years 11-15 of the Limited Lifetime Warranty, the prorated replacement charge the Original Purchaser will pay will be fifty (50) percent of the then current retail price of the same model and size as the original Mattress purchased.

During years 16-20 of the Limited Lifetime Warranty, the prorated replacement charge the Original Purchaser will pay will be sixty (60) percent of the then current retail price of the same model and size as the original Mattress purchased.

From year 21 through the remainder of the period of the Original Purchaser’s ownership and use of the Mattress, the prorated replacement charge the Original Purchaser will pay will be seventy-five (75) percent of the then current retail price of the same model and size as the original Mattress purchased.

Any replacement will be of the same model and size as the original Mattress purchased. In no event will a substitution model be used as a replacement except in the case of a discontinued Mattress. In this event, a Mattress of like build and design, at Birch’s discretion, will be used as a replacement for the defective Mattress. Replaced or repaired Mattresses are subject to the same Mattress Limited Lifetime Warranty as the original Mattress. If the Original Purchaser obtains a replaced or repaired Mattress, the Limited Lifetime Warranty term of the replaced or repaired Mattress begins from the Original Purchase Date.

Removing the Mattress Cover from a Mattress will automatically void any Limited Lifetime Warranty claim. Please contact Birch in advance or if you have any questions.

What This Limited Lifetime Warranty Covers.

This Limited Lifetime Warranty applies to the following Defects in a Mattress:

• Deterioration causing the Mattress to have a visible indentation greater than one and one-half (1.5) inches that is not associated with an indentation or sag which results from use of an improper or unsupportive foundation or adjustable 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 foundation. Any foundation, box spring, frame, or other base on which the Mattress is placed that has slats greater than 5.5 inches apart will be considered improper and will void the Limited Lifetime Warranty.
• Any physical flaw in the Mattress that causes the foam or spring material to split or crack, despite normal usage and proper handling.
• Any manufacturing defect in the assembly of the Mattress Cover.

This Limited Lifetime Warranty does not cover the following:

• A normal increase in softness of the foam pressure-relieving material which does not affect the pressure-relieving qualities of the Mattress.
• Comfort preference beyond the 100 day risk free trial period.
• Physical abuse or damage to the structure and/or cover material, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the Defect is caused by such abuse or damage.
• For years 1 – 10 of this Limited Lifetime Warranty, replacement of any non-defective pieces in the Birch sleep system (for example, if you purchase a mattress with multiple components and only one component is defective, then we will only replace the defective component).
• Any mattress (whether manufactured by Birch or not) sold by resellers who are not authorized retailers of Birch.
• Mattresses sold "as-is", "preconditioned", "reconditioned", "used", "comfort return", "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.

In the event of a Defect, Birch's sole and exclusive liability and the Original Purchaser’s sole remedy under this Limited Lifetime Warranty will be, at Birch's option, to provide a repaired or replacement Mattress or Mattress Cover of similar or greater value, as applicable, and subject to the Original Purchaser’s fulfillment of "Purchaser Responsibilities" below. 

Purchaser Responsibilities.

In the event of a Defect and in order to get the benefit of this Limited Lifetime Warranty, the Original Purchaser must return the Mattress or Mattress Cover to Birch and provide Birch with proof of the original date of purchase. Mattresses and Mattress Covers must be sent to the address set forth at the end of this Limited Lifetime Warranty.

If Birch deems a claim made under this Limited Lifetime Warranty is valid, Birch will repair or replace (as applicable) and ship the Mattress or replacement Mattress back to the Original Purchaser. Please note Birch takes all efforts to complete these requests as quickly as possible and some cases can take longer than others.

Disclaimer, Limitation on Liability.

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MATTRESS IS PROVIDED "AS IS" AND THIS LIMITED LIFETIME WARRANTY IS YOUR EXCLUSIVE WARRANTY AND REPLACES 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 EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL IMPLIED WARRANTIES ARE HEREBY DISCLAIMED. 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 LIFETIME WARRANTY, IN NO EVENT WILL BIRCH OR ITS SUPPLIERS BE LIABLE FOR OR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE MATTRESS 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 BIRCH HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BIRCH’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.

Arbitration.

In the event a dispute arises between you and Birch arising out of this Limited Lifetime 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 Lifetime 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.

Governing Law.

This Limited Lifetime Warranty will be governed by the laws of the State of New York, without giving effect to its conflict of laws rules.

Warrantor.

Brooklyn Bedding, LLC d/b/a Birch by Helix

30 Irving Place

9th Floor

New York, NY 10003

warranty@birchliving.com

MATTRESS LIMITED LIFETIME WARRANTY

For all Birch Mattresses purchased after 02/01/2025, your new Birch Mattress is covered by a limited lifetime warranty. This limited lifetime warranty gives you specific legal rights and covers all manufacturing defects. You may also have other rights, which vary from state to state. If you think you need to claim your warranty, please let us know! Please see below for additional details.

For all products purchased prior to 02/01/2025, please click HERE to access the terms of the warranty applicable to your product at the time of purchase.

Products Covered by This Limited Lifetime Warranty.

This limited lifetime warranty (“Limited Lifetime Warranty”) extends to mattresses manufactured by Brooklyn Bedding, LLC d/b/a Birch by Helix ("Birch”, “we”, “us ") and purchased directly from Birch or Birch 's authorized retailers. This Limited Lifetime Warranty includes the Birch Natural Mattress and Birch Kids Natural Mattress (“Standard Mattress”) and the Birch Luxe Natural Mattress (“Luxe Mattress”), which collectively will be referred to as “Mattresses” (plural) or “Mattress” (singular) unless otherwise noted. Some parts of this Limited Lifetime Warranty also extend to covers sold with Mattresses ("Mattress Covers"). Mattresses are designed to work on a firm, solid-surface, on a bed base that is structurally capable of supporting the weight of the Mattress and user(s).

Who This Limited Lifetime Warranty Extends To.

This Limited Lifetime Warranty extends to the original purchaser of any Mattress who is located in the United States (not including US territories) or Canada. This Limited Lifetime Warranty is valid only for the period of time the Mattress is owned by the original purchaser of the Mattress. The "Original Purchaser" or “you”, for the purposes of this Limited Lifetime Warranty, is the first purchaser of the Mattress from Birch or a Birch authorized retailer. PLEASE RETAIN A COPY OF YOUR RECEIPT AS PROOF OF PURCHASE. All Birch warranties are not transferable.

Birch's Limited Lifetime Warranty and Responsibilities.

Birch warrants the Mattress in its original packaging against the defects in material and workmanship set forth below ("Defects") for the full period of the Original Purchaser’s ownership and use, from the time the Mattress is purchased by the Original Purchaser (the “Original Purchase Date”), and when the Mattress is used normally for its intended purposes.

YEARS 1-10: NON-PRORATED COVERAGE

For the first 10 years from the Original Purchase Date, the Mattress is warranted against non-excluded defects in the workmanship or materials. During this time, Birch will repair or replace any defective Mattress at no cost to the Original Purchaser.

YEARS 11-END OF OWNERSHP: PRORATED COVERAGE

From year 11 through the remainder of the period of the Original Purchaser’s ownership and use, Birch will replace the Mattress at a prorated charge to the Original Purchaser. The prorated replacement charge will depend on the year the Mattress is replaced.

During years 11-15 of the Limited Lifetime Warranty, the prorated replacement charge the Original Purchaser will pay will be fifty (50) percent of the then current retail price of the same model and size as the original Mattress purchased.

During years 16-20 of the Limited Lifetime Warranty, the prorated replacement charge the Original Purchaser will pay will be sixty (60) percent of the then current retail price of the same model and size as the original Mattress purchased.

From year 21 through the remainder of the period of the Original Purchaser’s ownership and use of the Mattress, the prorated replacement charge the Original Purchaser will pay will be seventy-five (75) percent of the then current retail price of the same model and size as the original Mattress purchased.

Any replacement will be of the same model and size as the original Mattress purchased. In no event will a substitution model be used as a replacement except in the case of a discontinued Mattress. In this event, a Mattress of like build and design, at Birch’s discretion, will be used as a replacement for the defective Mattress. Replaced or repaired Mattresses are subject to the same Mattress Limited Lifetime Warranty as the original Mattress. If the Original Purchaser obtains a replaced or repaired Mattress, the Limited Lifetime Warranty term of the replaced or repaired Mattress begins from the Original Purchase Date.

Removing the Mattress Cover from a Mattress will automatically void any Limited Lifetime Warranty claim. Please contact Birch in advance or if you have any questions.

What This Limited Lifetime Warranty Covers.

This Limited Lifetime Warranty applies to the following Defects in a Mattress:

• Deterioration causing the Mattress to have a visible indentation greater than one and one-half (1.5) inches that is not associated with an indentation or sag which results from use of an improper or unsupportive foundation or adjustable 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 foundation. Any foundation, box spring, frame, or other base on which the Mattress is placed that has slats greater than 5.5 inches apart will be considered improper and will void the Limited Lifetime Warranty.
• Any physical flaw in the Mattress that causes the foam or spring material to split or crack, despite normal usage and proper handling.
• Any manufacturing defect in the assembly of the Mattress Cover.

This Limited Lifetime Warranty does not cover the following:

• A normal increase in softness of the foam pressure-relieving material which does not affect the pressure-relieving qualities of the Mattress.
• Comfort preference beyond the 100 day risk free trial period.
• Physical abuse or damage to the structure and/or cover material, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the Defect is caused by such abuse or damage.
• For years 1 – 10 of this Limited Lifetime Warranty, replacement of any non-defective pieces in the Birch sleep system (for example, if you purchase a mattress with multiple components and only one component is defective, then we will only replace the defective component).
• Any mattress (whether manufactured by Birch or not) sold by resellers who are not authorized retailers of Birch.
• Mattresses sold "as-is", "preconditioned", "reconditioned", "used", "comfort return", "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.

In the event of a Defect, Birch's sole and exclusive liability and the Original Purchaser’s sole remedy under this Limited Lifetime Warranty will be, at Birch's option, to provide a repaired or replacement Mattress or Mattress Cover of similar or greater value, as applicable, and subject to the Original Purchaser’s fulfillment of "Purchaser Responsibilities" below. 

Purchaser Responsibilities.

In the event of a Defect and in order to get the benefit of this Limited Lifetime Warranty, the Original Purchaser must return the Mattress or Mattress Cover to Birch and provide Birch with proof of the original date of purchase. Mattresses and Mattress Covers must be sent to the address set forth at the end of this Limited Lifetime Warranty.

If Birch deems a claim made under this Limited Lifetime Warranty is valid, Birch will repair or replace (as applicable) and ship the Mattress or replacement Mattress back to the Original Purchaser. Please note Birch takes all efforts to complete these requests as quickly as possible and some cases can take longer than others.

Disclaimer, Limitation on Liability.

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MATTRESS IS PROVIDED "AS IS" AND THIS LIMITED LIFETIME WARRANTY IS YOUR EXCLUSIVE WARRANTY AND REPLACES 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 EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL IMPLIED WARRANTIES ARE HEREBY DISCLAIMED. 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 LIFETIME WARRANTY, IN NO EVENT WILL BIRCH OR ITS SUPPLIERS BE LIABLE FOR OR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE MATTRESS 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 BIRCH HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BIRCH’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.

Arbitration.

In the event a dispute arises between you and Birch arising out of this Limited Lifetime 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 Lifetime 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.

Governing Law.

This Limited Lifetime Warranty will be governed by the laws of the State of New York, without giving effect to its conflict of laws rules.

Warrantor.

Brooklyn Bedding, LLC d/b/a Birch by Helix

30 Irving Place

9th Floor

New York, NY 10003

warranty@birchliving.com

1-Year Limited Pillow Warranty.

Your new Birch Pillow is covered by a 1-year limited warranty. This limited warranty gives you specific legal rights, and covers all manufacturing defects. You may also have other rights, which vary from state to state. 

If you think you need to claim your warranty, please let us know!

Products Covered by This Limited Warranty.

This limited warranty extends to pillows manufactured by Brooklyn Bedding, LLC d/b/a Birch by Helix ("Birch", “we”, “us”) and purchased directly from Birch or Birch's authorized retailers (the "Pillows”). Pillows are designed to work on any mattress.

Who This Warranty Extends To.

This limited Warranty extends to the original purchaser of any Pillow who is located in the United States (not including US territories) or Canada. All Birch warranties, including any implied warranties, are valid only for the period of time the Pillow is owned by the original purchaser of the Pillow. The "original purchaser," for the purposes of this warranty, is the first purchaser of the Pillow from Birch or a Birch authorized retailer. PLEASE RETAIN A COPY OF YOUR RECEIPT AS PROOF OF PURCHASE. All Birch limited warranties are not transferable.

Birch's Limited Warranty and Responsibilities.

Birch warrants the Pillow will at the time of purchase be free from defects in material and workmanship set forth below ("Defects") for a period of 1 years from the time your Pillow is purchased by you, when the Pillow is used normally for its intended purposes.

What This Limited Warranty Covers.

This limited warranty applies to the following Defects:

Any manufacturing defect in the assembly of the Pillow due to faulty workmanship or materials, including rips, tears, or stains.

This limited warranty does not cover the following:

Normal increases in softening and settling of materials in either the outer shell or insert materials, or any other normal wear and tear.

Dipping or depression due to normal wear and tear.

Comfort preferences.

Physical abuse or damage to the structure, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the Defect is caused by such abuse or damage.

Any Pillow (whether manufactured by Birch or not) sold by resellers who are not authorized retailers of Birch.

Pillows sold "as-is", "preconditioned", "reconditioned", "used", "comfort return", "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.

In the event of a Defect, Birch's sole and exclusive liability and your sole remedy under this limited warranty will be, at Birch's option, to provide a replacement Pillow of similar or greater value, subject to your fulfillment of "Your Responsibilities" below.

Your Responsibilities.

In the event of a Defect and in order to get the benefit of this limited warranty, you must return your Pillow to Birch within five (5) days of registering the claim, at your cost, and provide Birch with proof of the original date of purchase. You are responsible for all shipping and transportation costs associated with replacing a Pillow. In the event that the Pillow is proven to have a Defect, Birch will reimburse you for shipping costs up to thirty (30) dollars. Pillow must be sent to the address set forth at the end of this limited warranty. Birch will replace and ship your Pillow back to you.

Replaced Pillows are subject to the same limited warranty as the original Pillow. For example, if your obtain a replaced or repaired Pillow that is the same style and price as the original Pillow, then the warranty term of the replaced or repaired Pillow begins from the date of purchase of the original Pillow.

Disclaimer, Limitation on Liability.

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PILLOW 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 Birch OR ITS SUPPLIERS BE LIABLE FOR OR 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 Birch HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Birch'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.

Arbitration.

In the event a dispute arises between you and Birch 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.

Governing Law.

This limited warranty will be governed by the laws of the State of New York, without giving effect to its conflict of laws rules.

Warrantor.

Brooklyn Bedding, LLC

d/b/a Birch Living

30 Irving Place

9th Floor

New York, NY 10003

warranty@birchliving.com

10-Year Limited Mattress Topper Warranty

Your new Birch Organic Mattress Topper is covered by a 10-year limited warranty. This limited warranty gives you specific legal rights, and covers all manufacturing defects. You may also have other rights, which vary from state to state. 

If you think you need to claim your warranty, please let us know!

Products Covered by This Limited Warranty.

This limited warranty extends to mattress toppers manufactured by Brooklyn Bedding, LLC d/b/a Birch by Helix ("Birch", “we”, “us”) and purchased directly from Birch or Birch's authorized retailers (the "Mattress Toppers”). Mattress Toppers are designed to work on any mattress.

Who This Warranty Extends To.

This limited Warranty extends to the original purchaser of any Mattress Topper who is located in the United States (not including US territories) or Canada. All Birch warranties, including any implied warranties, are valid only for the period of time the Mattress Toppers is owned by the original purchaser of the Mattress Topper. The "original purchaser," for the purposes of this warranty, is the first purchaser of the Mattress Topper from Birch or a Birch authorized retailer. PLEASE RETAIN A COPY OF YOUR RECEIPT AS PROOF OF PURCHASE. All Birch limited warranties are not transferable.

Birch's Limited Warranty and Responsibilities.

Birch warrants the Mattress Topper will at the time of purchase be free from 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 their intended purposes.

What This Limited Warranty Covers.

This limited warranty applies to the following Defects:

Any manufacturing of the Mattress Topper due to faulty workmanship or materials, including rips, tears, or stains.

This limited warranty does not cover the following:

Wear and tear.

Dipping due to normal wear and tear.

Misuse, abuse, or improper maintenance.

Physical abuse or damage to the structure, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the Defect is caused by such abuse or damage.

Alteration or repair by unauthorized representatives.

Damage resulting from transit or handing.

Comfort or feel preferences.

Any Mattress Topper (whether manufactured by Birch or not) sold by resellers who are not authorized retailers of Birch.

Mattress Topper sold "as-is", "preconditioned", "reconditioned", "used", "comfort return", "returned", "previously owned", or any other similar wording indicating that the Mattress Topper is not "new" or of "first quality” or has previously been purchased or used by another consumer.

In the event of a Defect, Birch's sole and exclusive liability and your sole remedy under this limited warranty will be, at Birch's option, to provide replacement Mattress Topper of similar or greater value, subject to your fulfillment of "Your Responsibilities" below.

Your Responsibilities.

In the event of a Defect and in order to get the benefit of this limited warranty, you must return your Mattress Topper to Birch within five (5) days of registering the claim, at your cost, and provide Birch with proof of the original date of purchase. You are responsible for all shipping and transportation costs associated with replacing Mattress Topper. In the event that the Mattress Topper is proven to have a Defect, Birch will reimburse you for shipping costs up to thirty (30) dollars. Mattress Toppers must be sent to the address set forth at the end of this limited warranty. Birch will replace and ship your Mattress Topper back to you.

Replaced Mattress Toppers are subject to the same limited warranty as the original Mattress Topper. For example, if you obtain replaced or repaired Mattress Topper that are the same style and price as the original Mattress Topper, then the warranty term of the replaced or repaired Mattress Topper begins from the date of purchase of the original Mattress Topper.

Disclaimer, Limitation on Liability.

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MATTRESS TOPPERS ARE 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 Birch OR ITS SUPPLIERS BE LIABLE FOR OR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE MATTRESS TOPPERS OR THEIR 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 Birch HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Birch'S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE MATTRESS TOPPERS 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.

Arbitration.

In the event a dispute arises between you and Birch 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.

Governing Law.

This limited warranty will be governed by the laws of the State of New York, without giving effect to its conflict of laws rules.

Warrantor.

Brooklyn Bedding, LLC

d/b/a Birch Living

30 Irving Place

9th Floor

New York, NY 10003

warranty@birchliving.com

1-Year Limited Mattress Pad Warranty.

Your new Birch Organic Cotton Mattress Pad is covered by a 1-year limited warranty. This limited warranty gives you specific legal rights, and covers all manufacturing defects. You may also have other rights, which vary from state to state. 

If you think you need to claim your warranty, please let us know!

Products Covered by This Limited Warranty.

This limited warranty extends to mattress pads manufactured by Brooklyn Bedding, LLC d/b/a Birch by Helix ("Birch", “we”, “us”) and purchased directly from Birch or Birch's authorized retailers (the "Mattress Pads”). Mattress Pads are designed to work on any mattress.

Who This Warranty Extends To.

This limited Warranty extends to the original purchaser of any Mattress Pad who is located in the United States (not including US territories) or Canada. All Birch warranties, including any implied warranties, are valid only for the period of time the Mattress Pad is owned by the original purchaser of the Mattress Pad. The "original purchaser," for the purposes of this warranty, is the first purchaser of the Mattress Pad from Birch or a Birch authorized retailer. PLEASE RETAIN A COPY OF YOUR RECEIPT AS PROOF OF PURCHASE. All Birch limited warranties are not transferable.

Birch's Limited Warranty and Responsibilities.

Birch warrants the Mattress Pad will at the time of purchase be free from defects in material and workmanship set forth below ("Defects") for a period of 1 years from the time your Mattress Pad is purchased by you, when the Mattress Pad is used normally for its intended purposes.

What This Limited Warranty Covers.

This limited warranty applies to the following Defects:

Any manufacturing defect in the assembly of the Mattress Pad due to faulty workmanship or materials, including rips, tears, or stains.

This limited warranty does not cover the following:

The Mattress Pad is meant to help absorb spills and stains, but is not 100% spill and stain proof as the product is completely natural and does not have a plastic backing. As such, any damage to your mattress is not covered by our warranty.

Normal increases in softening and settling of materials, or any other normal wear and tear.

Dipping or depression due to normal wear and tear.

Comfort preferences.

Physical abuse or damage to the structure, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the Defect is caused by such abuse or damage.

Any Mattress Pad (whether manufactured by Birch or not) sold by resellers who are not authorized retailers of Birch.

Mattress Pads sold "as-is", "preconditioned", "reconditioned", "used", "comfort return", "returned", "previously owned", or any other similar wording indicating that the Mattress Pad is not "new" or of "first quality", or has previously been purchased or used by another consumer.

In the event of a Defect, Birch's sole and exclusive liability and your sole remedy under this limited warranty will be, at Birch's option, to provide a replacement Mattress Pad of similar or greater value, subject to your fulfillment of "Your Responsibilities" below.

Your Responsibilities.

In the event of a Defect and in order to get the benefit of this limited warranty, you must return your Mattress Pad to Birch within five (5) days of registering the claim, at your cost, and provide Birch with proof of the original date of purchase. You are responsible for all shipping and transportation costs associated with replacing a Mattress Pad. In the event that the Mattress Pad is proven to have a Defect, Birch will reimburse you for shipping costs up to thirty (30) dollars. Mattress Pad must be sent to the address set forth at the end of this limited warranty. Birch will replace and ship your Mattress Pad back to you.

Replaced Mattress Pads are subject to the same limited warranty as the original Mattress Pad. For example, if you obtain a replaced or repaired Mattress Pad that is the same style and price as the original Mattress Pad, then the warranty term of the replaced or repaired Mattress Pad begins from the date of purchase of the original Mattress Pad.

Disclaimer, Limitation on Liability.

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MATTRESS PAD 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 Birch OR ITS SUPPLIERS BE LIABLE FOR OR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE MATTRESS PAD 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 Birch HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Birch'S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE MATTRESS PAD 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.

Arbitration.

In the event a dispute arises between you and Birch 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.

Governing Law.

This limited warranty will be governed by the laws of the State of New York, without giving effect to its conflict of laws rules.

Warrantor.

Brooklyn Bedding, LLC

d/b/a Birch Living

30 Irving Place

9th Floor

New York, NY 10003

warranty@birchliving.com

1-Year Limited Mattress Protector Warranty.

Your new Birch Waterproof Mattress Protector is covered by a 1-year limited warranty. This limited warranty gives you specific legal rights, and covers all manufacturing defects. You may also have other rights, which vary from state to state. 

If you think you need to claim your warranty, please let us know!

Products Covered by This Limited Warranty.

This limited warranty extends to mattress protectors manufactured by Brooklyn Bedding, LLC d/b/a Birch by Helix ("Birch", “we”, “us”) and purchased directly from Birch or Birch's authorized retailers (the "Mattress Protectors”). Mattress Protectors are designed to work on any mattress.

Who This Warranty Extends To.

This limited Warranty extends to the original purchaser of any Mattress Protector who is located in the United States (not including US territories) or Canada. All Birch warranties, including any implied warranties, are valid only for the period of time the Mattress Protector is owned by the original purchaser of the Mattress Protector. The "original purchaser," for the purposes of this warranty, is the first purchaser of the Mattress Protector from Birch or a Birch authorized retailer. PLEASE RETAIN A COPY OF YOUR RECEIPT AS PROOF OF PURCHASE. All Birch limited warranties are not transferable.

Birch's Limited Warranty and Responsibilities.

Birch warrants the Mattress Protector will at the time of purchase be free from defects in material and workmanship set forth below ("Defects") for a period of 1 years from the time your Mattress Protector is purchased by you, when the Mattress Protector is used normally for its intended purposes.

What This Limited Warranty Covers.

This limited warranty applies to the following Defects:

Any manufacturing defect in the assembly of the Mattress Protector due to faulty workmanship or materials, including rips, tears, stains, or waterproofing not working within normal use.

This limited warranty does not cover the following:

Normal increases in softening and settling of materials, or any other normal wear and tear.

Dipping or depression due to normal wear and tear.

Comfort preferences.

Gradual soiling, defined as gradual buildup of dirt, dust, body oils, and perspiration which cannot be attributed to a single occurrence.

Physical abuse or damage to the structure, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the Defect is caused by such abuse or damage.

Any Mattress Protector (whether manufactured by Birch or not) sold by resellers who are not authorized retailers of Birch.

Mattress Protectors sold "as-is", "preconditioned", "reconditioned", "used", "comfort return", "returned", "previously owned", or any other similar wording indicating that the Mattress Protector is not "new" or of "first quality", or has previously been purchased or used by another consumer.

In the event of a Defect, Birch's sole and exclusive liability and your sole remedy under this limited warranty will be, at Birch's option, to provide a replacement Mattress Protector of similar or greater value, subject to your fulfillment of "Your Responsibilities" below.

Your Responsibilities.

In the event of a Defect and in order to get the benefit of this limited warranty, you must return your Mattress Protector to Birch within five (5) days of registering the claim, at your cost, and provide Birch with proof of the original date of purchase. You are responsible for all shipping and transportation costs associated with replacing a Mattress Protector. In the event that the Mattress Protector is proven to have a Defect, Birch will reimburse you for shipping costs up to thirty (30) dollars. Mattress Protector must be sent to the address set forth at the end of this limited warranty. Birch will replace and ship your Mattress Protector back to you.

Replaced Mattress Protectors are subject to the same limited warranty as the original Mattress Protector. For example, if you obtain a replaced or repaired Mattress Protector that is the same style and price as the original Mattress Protector, then the warranty term of the replaced or repaired Mattress Protector begins from the date of purchase of the original Mattress Protector.

Disclaimer, Limitation on Liability.

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MATTRESS PROTECTOR 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 Birch OR ITS SUPPLIERS BE LIABLE FOR OR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE MATTRESS PROTECTOR 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 BIRCH HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BIRCH’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE MATTRESS PROTECTOR 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.

Arbitration.

In the event a dispute arises between you and Birch 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.

Governing Law.

This limited warranty will be governed by the laws of the State of New York, without giving effect to its conflict of laws rules.

Warrantor.

Brooklyn Bedding, LLC

d/b/a Birch Living

30 Irving Place

9th Floor

New York, NY 10003

warranty@birchliving.com

1-Year Limited Pillow Protector Warranty.

Your new Birch Waterproof Pillow Protector is covered by a 1-year limited warranty. This limited warranty gives you specific legal rights, and covers all manufacturing defects. You may also have other rights, which vary from state to state. 

If you think you need to claim your warranty, please let us know!

Products Covered by This Limited Warranty.

This limited warranty extends to pillow protectors manufactured by Brooklyn Bedding, LLC d/b/a Birch by Helix ("Birch", “we”, “us”) and purchased directly from Birch or Birch's authorized retailers (the "Pillow Protectors”). Pillow Protectors are designed to work on any mattress.

Who This Warranty Extends To.

This limited Warranty extends to the original purchaser of any Pillow Protector who is located in the United States (not including US territories) or Canada. All Birch warranties, including any implied warranties, are valid only for the period of time the Pillow Protector is owned by the original purchaser of the Pillow Protector. The "original purchaser," for the purposes of this warranty, is the first purchaser of the Pillow Protector from Birch or a Birch authorized retailer. PLEASE RETAIN A COPY OF YOUR RECEIPT AS PROOF OF PURCHASE. All Birch limited warranties are not transferable.

Birch's Limited Warranty and Responsibilities.

Birch warrants the Pillow Protector will at the time of purchase be free from defects in material and workmanship set forth below ("Defects") for a period of 1 years from the time your Pillow Protector is purchased by you, when the Pillow Protector is used normally for its intended purposes.

What This Limited Warranty Covers.

This limited warranty applies to the following Defects:

Any manufacturing defect in the assembly of the Pillow Protector due to faulty workmanship or materials, including rips, tears, stains, or waterproofing not working within normal use.

This limited warranty does not cover the following:

Normal increases in softening and settling of materials, or any other normal wear and tear.

Dipping or depression due to normal wear and tear.

Comfort preferences.

Gradual soiling, defined as gradual buildup of dirt, dust, body oils, and perspiration which cannot be attributed to a single occurrence.

Physical abuse or damage to the structure, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the Defect is caused by such abuse or damage.

Any Pillow Protector (whether manufactured by Birch or not) sold by resellers who are not authorized retailers of Birch.

Pillow Protectors sold "as-is", "preconditioned", "reconditioned", "used", "comfort return", "returned", "previously owned", or any other similar wording indicating that the Pillow Protector is not "new" or of "first quality", or has previously been purchased or used by another consumer.

In the event of a Defect, Birch's sole and exclusive liability and your sole remedy under this limited warranty will be, at Birch's option, to provide a replacement Pillow Protector of similar or greater value, subject to your fulfillment of "Your Responsibilities" below.

Your Responsibilities.

In the event of a Defect and in order to get the benefit of this limited warranty, you must return your Pillow Protector to Birch within five (5) days of registering the claim, at your cost, and provide Birch with proof of the original date of purchase. You are responsible for all shipping and transportation costs associated with replacing a Pillow Protector. In the event that the Pillow Protector is proven to have a Defect, Birch will reimburse you for shipping costs up to thirty (30) dollars. Pillow Protector must be sent to the address set forth at the end of this limited warranty. Birch will replace and ship your Pillow Protector back to you.

Replaced Pillow Protectors are subject to the same limited warranty as the original Pillow Protector. For example, if you obtain a replaced or repaired Pillow Protector that is the same style and price as the original Pillow Protector, then the warranty term of the replaced or repaired Pillow Protector begins from the date of purchase of the original Pillow Protector.

Disclaimer, Limitation on Liability.

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PILLOW PROTECTOR 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 Birch OR ITS SUPPLIERS BE LIABLE FOR OR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE PILLOW PROTECTOR 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 BIRCH HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BIRCH’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PILLOW PROTECTOR 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.

Arbitration.

In the event a dispute arises between you and Birch 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.

Governing Law.

This limited warranty will be governed by the laws of the State of New York, without giving effect to its conflict of laws rules.

Warrantor.

Brooklyn Bedding, LLC

d/b/a Birch Living

30 Irving Place

9th Floor

New York, NY 10003

warranty@birchliving.com

1-Year Limited Organic Sheets Warranty.

Your new Birch Organic Sheets are covered by a 1-year limited warranty. This limited warranty gives you specific legal rights, and covers all manufacturing defects. You may also have other rights, which vary from state to state. 

If you think you need to claim your warranty, please let us know!

Products Covered by This Limited Warranty.

This limited warranty extends to organic sheets manufactured by Brooklyn Bedding, LLC d/b/a Birch by Helix ("Birch", “we”, “us”) and purchased directly from Birch or Birch's authorized retailers (the "Organic Sheets”). Organic Sheets are designed to work on any mattress.

Who This Warranty Extends To.

This limited Warranty extends to the original purchaser of any Organic Sheets who is located in the United States (not including US territories) or Canada. All Birch warranties, including any implied warranties, are valid only for the period of time the Organic Sheets are owned by the original purchaser of the Organic Sheets. The "original purchaser," for the purposes of this warranty, is the first purchaser of the Organic Sheets from Birch or a Birch authorized retailer. PLEASE RETAIN A COPY OF YOUR RECEIPT AS PROOF OF PURCHASE. All Birch limited warranties are not transferable.

Birch's Limited Warranty and Responsibilities.

Birch warrants the Organic Sheets will at the time of purchase be free from defects in material and workmanship set forth below ("Defects") for a period of 1 years from the time your Organic Sheets are purchased by you, when the Organic Sheets are used normally for its intended purposes.

What This Limited Warranty Covers.

This limited warranty applies to the following Defects:

Any manufacturing defect in the assembly of the Organic Sheets due to faulty workmanship or materials, including rips, tears, stains, or waterproofing not working within normal use.

This limited warranty does not cover the following:

Normal wear and tear.

Misuses, abuse, or improper maintenance.

Feel preferences.

Physical abuse or damage to the structure, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the Defect is caused by such abuse or damage.

Gradual soiling, defined as gradual buildup of dirt, dust, body oils, and perspiration which cannot be attributed to a single occurrence.

Alteration or repair by unauthorized representatives.

Any Organic Sheets (whether manufactured by Birch or not) sold by resellers who are not authorized retailers of Birch.

Organic Sheets sold "as-is", "preconditioned", "reconditioned", "used", "comfort return", "returned", "previously owned", or any other similar wording indicating that the Organic Sheets are not "new" or of "first quality", or has previously been purchased or used by another consumer.

In the event of a Defect, Birch's sole and exclusive liability and your sole remedy under this limited warranty will be, at Birch's option, to provide a replacement Organic Sheets of similar or greater value, subject to your fulfillment of "Your Responsibilities" below.

Your Responsibilities.

In the event of a Defect and in order to get the benefit of this limited warranty, you must return your Organic Sheets to Birch within five (5) days of registering the claim, at your cost, and provide Birch with proof of the original date of purchase. You are responsible for all shipping and transportation costs associated with replacing an Organic Sheets. In the event that the Organic Sheets are proven to have a Defect, Birch will reimburse you for shipping costs up to thirty (30) dollars. Organic Sheets must be sent to the address set forth at the end of this limited warranty. Birch will replace and ship your Organic Sheets back to you.

Replaced Organic Sheets are subject to the same limited warranty as the original Organic Sheets. For example, if you obtain a replaced or repaired Organic Sheets that are the same style and price as the original Organic Sheets, then the warranty term of the replaced or repaired Organic Sheets begins from the date of purchase of the original Organic Sheets.

Disclaimer, Limitation on Liability.

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE ORGANIC SHEETS ARE 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 Birch OR ITS SUPPLIERS BE LIABLE FOR OR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE ORGANIC SHEETS 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 BIRCH HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BIRCH’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE ORGANIC SHEETS 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.

Arbitration.

In the event a dispute arises between you and Birch 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.

Governing Law.

This limited warranty will be governed by the laws of the State of New York, without giving effect to its conflict of laws rules.

Warrantor.

Brooklyn Bedding, LLC

d/b/a Birch Living

30 Irving Place

9th Floor

New York, NY 10003

warranty@birchliving.com

1-Year Limited Organic Pillowcase Warranty.

Your new Birch Organic Pillowcases are covered by a 1-year limited warranty. This limited warranty gives you specific legal rights, and covers all manufacturing defects. You may also have other rights, which vary from state to state. 

If you think you need to claim your warranty, please let us know!

Products Covered by This Limited Warranty.

This limited warranty extends to organic pillowcases manufactured by Brooklyn Bedding, LLC d/b/a Birch by Helix ("Birch", “we”, “us”) and purchased directly from Birch or Birch's authorized retailers (the "Organic Pillowcase Set”). Organic Pillowcases are designed to work on any pillow.

Who This Warranty Extends To.

This limited Warranty extends to the original purchaser of any Organic Pillowcase who is located in the United States (not including US territories) or Canada. All Birch warranties, including any implied warranties, are valid only for the period of time the Organic Pillowcases are owned by the original purchaser of the Organic Pillowcases. The "original purchaser," for the purposes of this warranty, is the first purchaser of the Organic Pillowcases from Birch or a Birch authorized retailer. PLEASE RETAIN A COPY OF YOUR RECEIPT AS PROOF OF PURCHASE. All Birch limited warranties are not transferable.

Birch's Limited Warranty and Responsibilities.

Birch warrants the Organic Pillowcases will at the time of purchase be free from defects in material and workmanship set forth below ("Defects") for a period of 1 years from the time your Organic Pillowcases are purchased by you, when the Organic Pillowcases are used normally for its intended purposes.

What This Limited Warranty Covers.

This limited warranty applies to the following Defects:

Any manufacturing defect in the assembly of the Organic Pillowcases due to faulty workmanship or materials, including rips, tears, stains, or waterproofing not working within normal use.

This limited warranty does not cover the following:

Normal wear and tear.

Misuses, abuse, or improper maintenance.

Feel preferences.

Physical abuse or damage to the structure, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the Defect is caused by such abuse or damage.

Gradual soiling, defined as gradual buildup of dirt, dust, body oils, and perspiration which cannot be attributed to a single occurrence.

Alteration or repair by unauthorized representatives.

Any Organic Pillowcases (whether manufactured by Birch or not) sold by resellers who are not authorized retailers of Birch.

Organic Pillowcases sold "as-is", "preconditioned", "reconditioned", "used", "comfort return", "returned", "previously owned", or any other similar wording indicating that the Organic Pillowcases are not "new" or of "first quality", or has previously been purchased or used by another consumer.

In the event of a Defect, Birch's sole and exclusive liability and your sole remedy under this limited warranty will be, at Birch's option, to provide a replacement Organic Pillowcases of similar or greater value, subject to your fulfillment of "Your Responsibilities" below.

Your Responsibilities.

In the event of a Defect and in order to get the benefit of this limited warranty, you must return your Organic Pillowcases to Birch within five (5) days of registering the claim, at your cost, and provide Birch with proof of the original date of purchase. You are responsible for all shipping and transportation costs associated with replacing an Organic Pillowcase. In the event that the Organic Pillowcases are proven to have a Defect, Birch will reimburse you for shipping costs up to thirty (30) dollars. Organic Pillowcases must be sent to the address set forth at the end of this limited warranty. Birch will replace and ship your Organic Pillowcases back to you.

Replaced Organic Pillowcases are subject to the same limited warranty as the original Organic Pillowcases. For example, if you obtain a replaced or repaired Organic Pillowcases that are the same style and price as the original Organic Pillowcases, then the warranty term of the replaced or repaired Organic Pillowcases begins from the date of purchase of the original Organic Pillowcases.

Disclaimer, Limitation on Liability.

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE ORGANIC PILLOWCASES ARE 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 BIRCH OR ITS SUPPLIERS BE LIABLE FOR OR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE ORGANIC PILLOWCASES 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 BIRCH HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BIRCH’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE ORGANIC PILLOWCASE 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.

Arbitration.

In the event a dispute arises between you and Birch 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.

Governing Law.

This limited warranty will be governed by the laws of the State of New York, without giving effect to its conflict of laws rules.

Warrantor.

Brooklyn Bedding, LLC

d/b/a Birch Living

30 Irving Place

9th Floor

New York, NY 10003

warranty@birchliving.com

2-Year Limited Organic Duvet Insert Warranty.

Your new Birch Organic Duvet Insert is covered by a 2-year limited warranty. This limited warranty gives you specific legal rights, and covers all manufacturing defects. You may also have other rights, which vary from state to state. 

If you think you need to claim your warranty, please let us know!

Products Covered by This Limited Warranty.

This limited warranty extends to organic duvet inserts manufactured by Brooklyn Bedding, LLC d/b/a Birch by Helix ("Birch", “we”, “us”) and purchased directly from Birch or Birch's authorized retailers (the "Organic Duvet Insert”). Organic Duvet Inserts are designed to work on any mattress.

Who This Warranty Extends To.

This limited Warranty extends to the original purchaser of any Organic Duvet Insert who is located in the United States (not including US territories) or Canada. All Birch warranties, including any implied warranties, are valid only for the period of time the Organic Duvet Insert is owned by the original purchaser of the Organic Duvet Insert. The "original purchaser," for the purposes of this warranty, is the first purchaser of the Organic Duvet Insert from Birch or a Birch authorized retailer. PLEASE RETAIN A COPY OF YOUR RECEIPT AS PROOF OF PURCHASE. All Birch limited warranties are not transferable.

Birch's Limited Warranty and Responsibilities.

Birch warrants the Organic Duvet Insert will at the time of purchase be free from defects in material and workmanship set forth below ("Defects") for a period of 2 years from the time your Organic Duvet Insert is purchased by you, when the Organic Duvet Insert is used normally for its intended purposes.

What This Limited Warranty Covers.

This limited warranty applies to the following Defects:

Any manufacturing defect in the assembly of the Organic Duvet Insert due to faulty workmanship or materials, including rips, tears, stains, or waterproofing not working within normal use.

This limited warranty does not Cover the following:

Normal wear and tear.

Misuses, abuse, or improper maintenance.

Feel preferences.

Physical abuse or damage to the structure, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided that the Defect is caused by such abuse or damage.

Gradual soiling, defined as gradual buildup of dirt, dust, body oils, and perspiration which cannot be attributed to a single occurrence.

Alteration or repair by unauthorized representatives.

Any Organic Duvet Insert (whether manufactured by Birch or not) sold by resellers who are not authorized retailers of Birch.

Organic Duvet Insert sold "as-is", "preconditioned", "reconditioned", "used", "comfort return", "returned", "previously owned", or any other similar wording indicating that the Organic Duvet Insert are not "new" or of "first quality", or has previously been purchased or used by another consumer.

In the event of a Defect, Birch's sole and exclusive liability and your sole remedy under this limited warranty will be, at Birch's option, to provide a replacement Organic Duvet Insert of similar or greater value, subject to your fulfillment of "Your Responsibilities" below.

Your Responsibilities.

In the event of a Defect and in order to get the benefit of this limited warranty, you must return your Organic Duvet Insert to Birch within five (5) days of registering the claim, at your cost, and provide Birch with proof of the original date of purchase. You are responsible for all shipping and transportation costs associated with replacing an Organic Duvet Insert. In the event that the Organic Duvet Insert is proven to have a Defect, Birch will reimburse you for shipping costs up to thirty (30) dollars. Organic Duvet Insert must be sent to the address set forth at the end of this limited warranty. Birch will replace and ship your Organic Duvet Insert back to you.

Replaced Organic Duvet Inserts are subject to the same limited warranty as the original Organic Duvet Insert. For example, if you obtain a replaced or repaired Organic Duvet Insert that is the same style and price as the original Organic Duvet Insert, then the warranty term of the replaced or repaired Organic Duvet Insert begins from the date of purchase of the original Organic Duvet Insert.

Disclaimer, Limitation on Liability.

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE ORGANIC DUVET INSERT 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 BIRCH OR ITS SUPPLIERS BE LIABLE FOR OR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE ORGANIC DUVET INSERT 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 BIRCH HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BIRCH’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE ORGANIC DUVET INSERT 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.

Arbitration.

In the event a dispute arises between you and Birch 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.

Governing Law.

This limited warranty will be governed by the laws of the State of New York, without giving effect to its conflict of laws rules.

Warrantor.

Brooklyn Bedding, LLC

d/b/a Birch Living

30 Irving Place

9th Floor

New York, NY 10003

warranty@birchliving.com

1-Year Limited Organic Duvet Cover Warranty.

Your new Birch Organic Duvet Cover is covered by a 1-year limited warranty. This limited warranty gives you specific legal rights, and covers all manufacturing defects. You may also have other rights, which vary from state to state. 

If you think you need to claim your warranty, please let us know!

Products Covered by This Limited Warranty.

This limited warranty extends to organic duvet covers manufactured by Brooklyn Bedding, LLC d/b/a Birch by Helix ("Birch", “we”, “us”) and purchased directly from Birch or Birch's authorized retailers (the "Organic Duvet Cover”). Organic Duvet Covers are designed to work on any mattress.

Who This Warranty Extends To.

This limited Warranty extends to the original purchaser of any Organic Duvet Cover who is located in the United States (not including US territories) or Canada. All Birch warranties, including any implied warranties, are valid only for the period of time the Organic Duvet Cover is owned by the original purchaser of the Organic Duvet Cover. The "original purchaser," for the purposes of this warranty, is the first purchaser of the Organic Duvet Cover from Birch or a Birch authorized retailer. PLEASE RETAIN A COPY OF YOUR RECEIPT AS PROOF OF PURCHASE. All Birch limited warranties are not transferable.

Birch's Limited Warranty and Responsibilities.

Birch warrants the Organic Duvet Cover will at the time of purchase be free from defects in material and workmanship set forth below ("Defects") for a period of 1 year from the time your Organic Duvet Cover are purchased by you, when the Organic Duvet Cover are used normally for its intended purposes.

What This Limited Warranty Covers.

This limited warranty applies to the following Defects:

Any manufacturing defect in the assembly of the Organic Duvet Cover due to faulty workmanship or materials, including rips, tears, stains, or waterproofing not working within normal use.

This limited warranty does not cover the following:

Normal wear and tear.

Misuses, abuse, or improper maintenance.

Feel preferences.

Buttons detaching due to consumer use.

Physical abuse or damage to the structure, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided that the Defect is caused by such abuse or damage.

Gradual soiling, defined as gradual buildup of dirt, dust, body oils, and perspiration which cannot be attributed to a single occurrence.

Alteration or repair by unauthorized representatives.

Any Organic Duvet Cover (whether manufactured by Birch or not) sold by resellers who are not authorized retailers of Birch.

Organic Duvet Cover sold "as-is", "preconditioned", "reconditioned", "used", "comfort return", "returned", "previously owned", or any other similar wording indicating that the Organic Duvet Cover are not "new" or of "first quality", or has previously been purchased or used by another consumer.

In the event of a Defect, Birch's sole and exclusive liability and your sole remedy under this limited warranty will be, at Birch's option, to provide a replacement Organic Duvet Cover of similar or greater value, subject to your fulfillment of "Your Responsibilities" below.

Your Responsibilities.

In the event of a Defect and in order to get the benefit of this limited warranty, you must return your Organic Duvet Cover to Birch within five (5) days of registering the claim, at your cost, and provide Birch with proof of the original date of purchase. You are responsible for all shipping and transportation costs associated with replacing an Organic Duvet Cover. In the event that the Organic Duvet Cover is proven to have a Defect, Birch will reimburse you for shipping costs up to thirty (30) dollars. Organic Duvet Cover must be sent to the address set forth at the end of this limited warranty. Birch will replace and ship your Organic Duvet Cover back to you.

Replaced Organic Duvet Covers are subject to the same limited warranty as the original Organic Duvet Cover. For example, if you obtain a replaced or repaired Organic Duvet Cover that is the same style and price as the original Organic Duvet Cover, then the warranty term of the replaced or repaired Organic Duvet Cover begins from the date of purchase of the original Organic Duvet Cover.

Disclaimer, Limitation on Liability.

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE ORGANIC DUVET COVER 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 BIRCH OR ITS SUPPLIERS BE LIABLE FOR OR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE ORGANIC DUVET COVER 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 BIRCH HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BIRCH’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE ORGANIC DUVET COVER 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.

Arbitration.

In the event a dispute arises between you and Birch 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.

Governing Law.

This limited warranty will be governed by the laws of the State of New York, without giving effect to its conflict of laws rules.

Warrantor.

Brooklyn Bedding, LLC

d/b/a Birch Living

30 Irving Place

9th Floor

New York, NY 10003

warranty@birchliving.com

10 Year Limited Adjustable Base Warranty.

Your new Birch Adjustable Base is covered by a limited warranty. This limited warranty gives you specific legal rights and covers all manufacturing defects. You may also have other rights, which vary from state to state.

If you think you need to claim your warranty, please let us know!

Products Covered by This Limited Warranty.

This limited warranty extends to adjustable bases sold by Helix Sleep, Inc. ("Helix") d/b/a Birch Living (“Birch”, “we”, “us”) and purchased directly from Birch or Birch’s authorized retailers (the "Adjustable Bases"). The Birch Adjustable Bases are manufactured by our partner, Ergomotion, Inc. (“Ergomotion). This warranty DOES NOT include the mattress. A “replacement part” is a new or used part selected at the sole discretion of the manufacturer, including a refurbished or re-inspected part, provided in replacement of a part previously incorporated in the Adjustable Base.

Who This Warranty Extends To.

This limited warranty extends to the original purchaser of any Adjustable Base who is located in the United States (not including US territories) or Canada. All Birch warranties, including any implied warranties, are valid only for the period of time the Adjustable Base is owned by the original purchaser of the Adjustable Base. The "original purchaser," (“Purchaser”) for the purposes of this warranty, is the first purchaser of the Adjustable Base from Birch or a Birch authorized retailer. PLEASE RETAIN A COPY OF YOUR RECEIPT AS PROOF OF PURCHASE. All Birch limited warranties are not transferable. The Warranty Commencement Date (“Warranty Commencement Date”) means the date at which the Adjustable Base was purchased.

Birch’s Limited Warranty and Responsibilities.

Birch warrants this Adjustable Base on the terms and over the reducing periods of time set out below, according to our manufacturing partner Ergomotion:

2-YEAR HASSLE FREE WARRANTY

Your adjustable base is warranted by the manufacturer against defects in materials or workmanship for a period of two years from the date of delivery to the original Purchaser. During such time, the manufacturer will repair or replace, at no cost to the original Purchaser, any warranted part(s)* found to be defective by the manufacturer, in its sole discretion. This includes all pre- authorized labor and transportation costs incurred with the repair or replacement of any part found to be defective.

5-YEAR WARRANTY ON PARTS

During year 3 through 5 from the original delivery date, the manufacturer will replace any part on the adjustable base found to be defective by the manufacturer, to the original Purchaser. The manufacturer’s liability is limited to the replacement of the defective electrical/mechanical part(s)* ONLY, with the Purchaser responsible for all service, installation, and transportation cost of said part(s).

10-YEAR LIMITED WARRANTY

Notwithstanding the above, the manufacturer extends a 10-year warranty on mechanical base parts found to be defective on a limited basis as defined herein. Specifically, the manufacturer warrants that for a full 10 years from the commencement date of this warranty, any defect in the workmanship or the materials used shall be covered. For purposes of this 10-year warranty, it specifically excludes the cover, shroud, platform, legs, actuator lift motors, massage motors, control box, remote controls, power supply, and all power supply cords. The purchaser shall pay

1/5 of the current MSRP of the replacement part, or the entire adjustable base if deemed irreparable at the sole discretion of the manufacturer, multiplied by the number of years after the fifth year from the original delivery date. The manufacturer’s liability shall be limited to the replacement of the defective part(s) ONLY with the purchaser responsible for all service, installation and freight costs for said part.

Additional terms and conditions apply. See below for details.

What This Limited Warranty Does Not Cover.

ADDITIONAL TERMS & CONDITIONS

This warranty does not include reimbursement/replacement for inconvenience, removal, part(s) installation, bed set up, loss of use, normal wear and tear, shipping or any other costs or expenses not expressly covered in this warranty. In addition, this warranty shall be void in the following circumstances:

A. Damage resulting from misuse or abuse caused by the Purchaser or any third party.

B. Damage caused by repairs or parts replacement by an unauthorized person.

C. Damage caused if the adjustable base has been mishandled (including during shipping), subject to physical abuse or an improper power supply, or by failing to adhere to the Owner’s Manual and this warranty.

D. Damaged mattresses, foundation cover(s), fabric(s), bedding cables, electrical cords or accessories supplied by dealers or any third party. Contact your dealer for warranty information on these items.

E. Modification of the adjustable base without prior written consent by the manufacturer.

F. Costs for unauthorized service calls for the purpose of educating the consumer about the adjustable base or locating proper functioning power outlets.

G. Damage if the recommended weight restrictions are exceeded.

H. Damage if used in any environment or a commercial setting which was not intended.

I. This warranty requires notice to be given to Ergomotion of any claim for repairs or replacement parts.

J. Damage to foam shroud by improper handling or misuse. *Parts include the following:

a) Head/Foot Actuator

b) Massage Motors and Housing

c) Control Box

d) Remote Control

e) Power Cord, Power Supply, and Input Cord f) Mounting Brackets

g) Support Struts

OTHER THAN AS EXPRESSLY SET OUT HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS WARRANTY IS EXCLUSIVE

AND IN LIEU OF ALL OTHER ORAL OR WRITTEN WARRANTIES, REPRESENTATIONS, CONDITIONS OR PROMISES, WHETHER EXPRESS OR IMPLIED, AND WHETHER ARISING BY LAW, STATUTE, COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, ANY IMPLIED WARRANTIES (IF APPLICABLE) ARE LIMITED IN DURATION TO THE DURATION OF THIS WARRANTY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MANUFACTURER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, LIQUIDATED OR SIMILAR DAMAGES, WHETHER OR NOT FORESEEABLE.

Note: The exclusion directly above is inapplicable to consumers residing in Québec.

To the extent permitted by law, this warranty is not transferable and will automatically terminate if the original Purchaser sells or otherwise disposes of the adjustable base.

This warranty gives the Purchaser specific legal rights. Other rights, which vary from jurisdiction to jurisdiction, may exist. In addition, some jurisdictions do not allow (i) the exclusion of certain warranties, (ii) limitations on how long an implied warranty lasts and/or (iii) the exclusion or limitation of certain types of costs and/or damages, so the above limitations may not apply.

This warranty is only valid in The United States, Canada and Puerto Rico. For all other jurisdictions, this Limited Product Warranty is valid only in the jurisdictions where the Products are sold by an Ergomotion authorized reseller or agent and is valid to the extent permitted by the applicable laws of such jurisdictions.

Weight Limits

This product is not rated to support weights exceeding 750 pounds (340kg). This product is not rated to support weights in excess of

750 pounds inclusive of the mattress and bedding. The base will structurally support this weight, provided it is evenly distributed across the bed base. The adjustable base is not designed to support or lift this amount in the head or foot sections alone. Exceeding this weight restriction could damage the bed and/or cause injury and will void the warranty.

For warranty claims, call Customer Service:

1-888-550-3746

info@ergomotion.com www.ergomotion.com

This limited warranty does not cover the following:  

Any damage caused by you.

Any repair or replacement of Adjustable Base parts by unauthorized persons. 

If the Adjustable Base has been mishandled (whether in transit or by other means), subjected to physical or electrical abuse or misuse, or otherwise operated in any manner inconsistent with the operation and maintenance procedure outlined in the owner's manual and this warranty.

Damage caused to mattresses, foundation cover, fabric, bedding cables, electrical cords or other items.

If there has been any modification of the Adjustable Base without prior written consent.

The cost for unnecessary service calls, including costs for in-home service calls solely for the purpose of educating you about the Adjustable Base or finding a satisfactory power connection.

This warranty will be void if you exceed the recommended weight restriction of 850lbs including the mattress.

Damage if used in any environment or a commercial setting which was not intended. 

Comfort preferences.

Physical abuse or damage to the structure, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the Defect is caused by such abuse or damage.

Any Adjustable Base (whether manufactured by Birch or not) sold by resellers who are not authorized retailers of Birch.

Adjustable Bases sold "as-is", "preconditioned", "reconditioned", "used", "comfort return", "returned", "previously owned", or any other similar wording indicating that the Adjustable Base is not "new" or of "first quality", or has previously been purchased or used by another consumer.

In the event of a Defect, Birch’s sole and exclusive liability described above and your sole remedy under this limited warranty will be subject to your fulfillment of "Your Responsibilities" below.

Please note, any replacement part does not extend the lifespan of your warranty.

Your Responsibilities.

In the event of a Defect and in order to get the benefit of this limited warranty, you must return your Adjustable Base to Birch within five (5) days of registering the claim, at your cost, and provide Birch with proof of the original date of purchase. You are responsible for all shipping and transportation costs associated with replacing an Adjustable Base. In the event that the Adjustable Base is proven to have a Defect, Birch will reimburse you for shipping costs up to thirty (30) dollars. Adjustable Base must be sent to the address set forth at the end of this limited warranty. Birch will replace and ship your Adjustable Base back to you.

Replaced Adjustable Bases are subject to the same limited warranty as the original Adjustable Base. For example, if you obtain a replaced or repaired Adjustable Base that is the same style and price as the original Adjustable Base, then the warranty term of the replaced or repaired Adjustable Base begins from the date of purchase of the original Adjustable Base.

Disclaimer, Limitation on Liability.

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE ADJUSTABLE BASE 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 BIRCH OR ITS SUPPLIERS BE LIABLE FOR OR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE ADJUSTABLE BASE 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 BIRCH HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BIRCH’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE ADJUSTABLE BASE 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.

Arbitration.

In the event a dispute arises between you and Birch 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.

Governing Law.

This limited warranty will be governed by the laws of the State of New York, without giving effect to its conflict of laws rules.

Warrantor. 

Brooklyn Bedding, LLC

d/b/a Birch Living

30 Irving Place

9th Floor

New York, NY 10003

warranty@birchliving.com 

25 Year Limited Foundation Warranty.

Your new Birch Foundation is covered by a 25 year limited warranty. This limited warranty gives you specific legal rights, and covers all manufacturing defects. You may also have other rights, which vary from state to state. 

If you think you need to claim your warranty, please let us know!

Products Covered by This Limited Warranty.

This limited warranty extends to foundations manufactured by Brooklyn Bedding, LLC d/b/a Birch by Helix ("Birch", “we”, “us”) and purchased directly from Birch or Birch's authorized retailers (the "Foundations”). 

Who This Warranty Extends To.

This limited Warranty extends to the original purchaser of any Foundation who is located in the United States (not including US territories) or Canada. All Birch warranties, including any implied warranties, are valid only for the period of time the Foundation is owned by the original purchaser of the Foundation. The "original purchaser," for the purposes of this warranty, is the first purchaser of the Foundation from Birch or a Birch authorized retailer. PLEASE RETAIN A COPY OF YOUR RECEIPT AS PROOF OF PURCHASE. All Birch limited warranties are not transferable. The Warranty Commencement Date (“Warranty Commencement Date”) means the date at which the Foundation was purchased.

Birch’s Limited Warranty and Responsibilities.

Birch warrants the Foundation in its original packaging sold to you against the defects in material and workmanship set forth below ("Defects") when your Foundation is purchased by you and the Foundation is used normally for its intended purposes.

YEARS 1-10: FULL COVERAGE

For the first 10 years from the Warranty Commencement Date, your Foundation is warranted against non-excluded defects in the workmanship or materials. During this time, Birch will organize to repair or replace at no cost to you any defective Foundation and pay all authorized labor and transportation costs associated with the repair of replacement.

YEARS 11-25: LIMITED COVERAGE - PRORATED

During years 11-25, Birch will, at its opinion, replace the Foundation at a prorated charge to the purchaser in addition to transportation and/or shipping charges.

If the Foundation 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 Foundation 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 Foundation is replaced in year twenty-one (21) or any point thereafter prior to expiration of the Foundation Warranty the prorated replacement charge will be 95% of the original purchase price.

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

What This Limited Warranty Covers.

This limited warranty applies to the following Defects

Any manufacturing defect in the assembly of the Foundation, including warped wood, missing components, large rips, or broken hinges. Birch reserves the sole final decision if a perceived manufacturing defect falls under this warranty policy.

This limited warranty does not cover the following:

Comfort preference beyond the 100 day risk free trial period.

Physical abuse or damage to the structure and/or cover material, including but not limited to, burns, cuts, tears, warping, liquid damage, or stains; provided, that the Defect is caused by such abuse or damage.

Replacement of any non-defective pieces in the Birch sleep system (for example, if you purchase a Foundation with multiple components and only one component is defective, then we will only replace the defective component).

Any Foundation (whether manufactured by Birch or not) sold by resellers who are not authorized retailers of Birch.

Foundations sold "as-is", "preconditioned", "reconditioned", "used", "comfort return", "returned", "previously owned", or any other similar wording indicating that the Foundation is not "new" or of "first quality", or has previously been purchased or used by another consumer.

In the event of a Defect, Birch’s sole and exclusive liability and your sole remedy under this limited warranty will be, at Birch’s option, to provide a repaired or replacement Foundation of similar or greater value, subject to your fulfillment of "Your Responsibilities" below.

Your Responsibilities.

In the event of a Defect and in order to get the benefit of this limited warranty, you must return your Foundation to Birch at your cost and provide Birch with proof of the original date of purchase. You are responsible for all shipping and transportation costs associated with replacing or repairing a Foundation. In the event that the Foundation is proven to have a Defect, Birch will reimburse you for shipping costs up to one hundred (100) dollars. Foundations must be sent to the address set forth at the end of this limited warranty.

Birch will repair or replace (as applicable) and ship your Foundation back to you within 90 days of receiving your original Foundation.

Replaced or repaired Foundations are subject to the same limited warranty as the original Foundation. For example, if you obtain a replaced or repaired Foundation that is the same style and price as the original Foundation, then the warranty term of the replaced or repaired Foundation begins from the date of purchase of the original Foundation. 

Disclaimer, Limitation on Liability.

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE FOUNDATION 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 BIRCH OR ITS SUPPLIERS BE LIABLE FOR OR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE FOUNDATION 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 BIRCH HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BIRCH’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE FOUNDATION 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.

Arbitration.

In the event a dispute arises between you and Birch 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.

Governing Law.

This limited warranty will be governed by the laws of the State of New York, without giving effect to its conflict of laws rules.

Warrantor.

Brooklyn Bedding, LLC

d/b/a Birch Living

30 Irving Place

9th Floor

New York, NY 10003

warranty@birchliving.com 

5 Year Limited Wood Frame Warranty.

Your new Birch Wood Frame is covered by a 5 year limited warranty. This limited warranty gives you specific legal rights, and covers all manufacturing defects. You may also have other rights, which vary from state to state. 

If you think you need to claim your warranty, please let us know!

Products Covered by This Limited Warranty.

This limited warranty extends to wood frames manufactured by Brooklyn Bedding, LLC d/b/a Birch by Helix ("Birch", “we”, “us”) and purchased directly from Birch or Birch's authorized retailers (the "Wood Frames”). 

Who This Warranty Extends To.

This limited Warranty extends to the original purchaser of any Wood Frame who is located in the United States (not including US territories) or Canada. All Birch warranties, including any implied warranties, are valid only for the period of time the Wood Frame is owned by the original purchaser of the Wood Frame. The "original purchaser," for the purposes of this warranty, is the first purchaser of the Wood Frame from Birch or a Birch authorized retailer. PLEASE RETAIN A COPY OF YOUR RECEIPT AS PROOF OF PURCHASE. All Birch limited warranties are not transferable. The Warranty Commencement Date (“Warranty Commencement Date”) means the date at which the Wood Frame was purchased.

Birch’s Limited Warranty and Responsibilities.

Birch warrants the Wood Frame in its original packaging sold to you against the defects in material and workmanship set forth below ("Defects") when your Wood Frame is purchased by you and the Wood Frame is used normally for its intended purposes.

What This Limited Warranty Covers.

This limited warranty applies to the following Defects

Any manufacturing defect in the assembly and materials of the Wood Frame, including warped wood, missing components, large cracks, or broken hinges. Birch reserves the sole final decision if a perceived manufacturing defect falls under this warranty policy.

This limited warranty does not cover the following:

Comfort preference beyond the 100 day risk free trial period.

Physical abuse or damage to the structure, including but not limited to, burns, cuts, tears, warping, liquid damage, or stains; provided that the Defect is caused by such abuse or damage.

Wood Frames that are deemed to be used improperly, including exceeding the maximum weight capacity (Twin/Twin XL - 500 lbs, Full/Queen/King/CA King - 1,500 lbs) and/or use on an uneven surface.

Replacement of any non-defective pieces in the Birch sleep system (for example, if you purchase a Wood Frame with multiple components and only one component is defective, then we will only replace the defective component).

Any Wood Frame (whether manufactured by Birch or not) sold by resellers who are not authorized retailers of Birch.

Wood Frames sold "as-is", "preconditioned", "reconditioned", "used", "comfort return", "returned", "previously owned", or any other similar wording indicating that the Wood Frame is not "new" or of "first quality", or has previously been purchased or used by another consumer.

In the event of a Defect, Birch’s sole and exclusive liability and your sole remedy under this limited warranty will be, at Birch’s option, to provide a repaired or replacement Wood Frame of similar or greater value, subject to your fulfillment of "Your Responsibilities" below.

Your Responsibilities.

In the event of a Defect and in order to get the benefit of this limited warranty, you must return your Wood Frame to Birch at your cost and provide Birch with proof of the original date of purchase. You are responsible for all shipping and transportation costs associated with replacing or repairing a Wood Frame. In the event that the Wood Frame is proven to have a Defect, Birch will reimburse you for shipping costs up to one hundred (100) dollars. Wood Frames must be sent to the address set forth at the end of this limited warranty.

Birch will repair or replace (as applicable) and ship your Wood Frame back to you within 90 days of receiving your original Wood Frame.

Replaced or repaired Wood Frames are subject to the same limited warranty as the original Wood Frame. For example, if you obtain a replaced or repaired Wood Frame that is the same style and price as the original Wood Frame, then the warranty term of the replaced or repaired Wood Frame begins from the date of purchase of the original Wood Frame. 

Disclaimer, Limitation on Liability.

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE WOOD FRAME 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 BIRCH OR ITS SUPPLIERS BE LIABLE FOR OR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE WOOD FRAME 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 BIRCH HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BIRCH’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE WOOD FRAME 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.

Arbitration.

In the event a dispute arises between you and Birch 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.

Governing Law.

This limited warranty will be governed by the laws of the State of New York, without giving effect to its conflict of laws rules.

Warrantor.

Brooklyn Bedding, LLC

d/b/a Birch Living

30 Irving Place

9th Floor

New York, NY 10003

warranty@birchliving.com

Our partner Dorel warrants this product to be free from defects in material and workmanship and agrees to remedy any such defect. This warranty covers one year from the date of original purchase from authorized retailers. This is solely limited to the repair or replacement of defective parts and assembly labor is not included.

This warranty does not apply to any product which has been improperly assembled, subjected to misuse or abuse or which has been altered or repaired in any way. The warranty does not cover wearing, tearing, fading or splitting of the fabric (where applicable). Liability for consequential damages is excluded to the extent exclusion is permitted by law. This warranty gives you specific legal rights and you may also have other rights which vary from state to state or province to province.

To obtain warranty service, purchaser must present original bill of sale. Components repaired or replaced are warranted through the remainder of the original warranty period only. The defective components will be repaired or replaced without charge, subject to the terms and conditions described above.

Visit dhpfurniture.com to view the limited warranty valid in the U.S.

5 Year Bed Frame Warranty.

Your new Metal Bed Frame is covered by a 5 year limited warranty. This limited warranty gives you specific legal rights, and covers all manufacturing defects. You may also have other rights, which vary from state to state.

If you think you need to claim your warranty, please let us know!

Products Covered by This Limited Warranty.

This limited warranty extends to bed frames manufactured by Brooklyn Bedding, LLC d/b/a Birch by Helix ("Birch", “we”, “us”) and purchased directly from Birch or Birch's authorized retailers (the "Bed Frame"). Bed Frames are designed to work with Birch mattresses.

Who This Warranty Extends To.

This limited warranty extends to the original purchaser of any Bed Frame who is located in the United States (not including US territories) or Canada. All Birch warranties, including any implied warranties, are valid only for the period of time the Bed Frame is owned by the original purchaser of the Bed Frame. The "original purchaser," for the purposes of this warranty, is the first purchaser of the Bed Frame from Birch or a Birch authorized retailer. PLEASE RETAIN A COPY OF YOUR RECEIPT AS PROOF OF PURCHASE. All Birch limited warranties are not transferable.

Birch's Limited Warranty and Responsibilities.

Birch warrants the Bed Frame will at the time of purchase be free from defects in material and workmanship set forth below ("Defects") for a period of 5 years from the time your Bed Frame is purchased by you, when the Bed Frame is used normally for its intended purposes.

What This Limited Warranty Covers.

This limited warranty applies to the following Defects:

Any manufacturing defect in the assembly of the Bed Frame, including rips, tears, pre-existing warping, missing components, or broken hinges.

This limited warranty does not cover the following:

Abuse, negligence, improper installation, or misuse.

Comfort preferences.

Physical abuse or damage to the structure, including but not limited to, burns, cuts, tears, warping, liquid damage, or stains; provided, that the Defect is caused by such abuse or damage.

Replacement of any non-defective pieces in the Birch sleep system (for example, if you purchase a Bed Frame with multiple components and only one component is defective, then we will only replace the defective component).

Any Bed Frame (whether manufactured by Birch or not) sold by resellers who are not authorized retailers of Birch.

Bed Frames sold "as-is", "preconditioned", "reconditioned", "used", "comfort return", "returned", "previously owned", or any other similar wording indicating that the Bed Frame is not "new" or of "first quality", or has previously been purchased or used by another consumer.

In the event of a Defect, Birch's sole and exclusive liability and your sole remedy under this limited warranty will be, at Birch's option, to provide a replacement Bed Frame of similar or greater value, subject to your fulfillment of "Your Responsibilities" below.

Your Responsibilities.

In the event of a Defect and in order to get the benefit of this limited warranty, you must return your Bed Frame to Birch within five (5) days of registering the claim, at your cost, and provide Birch with proof of the original date of purchase. You are responsible for all shipping and transportation costs associated with replacing or repairing a Bed Frame. In the event that the Bed Frame is proven to have a Defect, Birch will reimburse you for shipping costs up to thirty (30) dollars. Bed Frame must be sent to the address set forth at the end of this limited warranty. Birch will replace and ship your Bed Frame back to you. 

Replaced or repaired Bed Frames are subject to the same limited warranty as the original Bed Frame. For example, if your obtain a replaced or repaired Bed Frame that is the same style and price as the original Bed Frame, then the warranty term of the replaced or repaired Bed Frame begins from the date of purchase of the original Bed Frame.

Disclaimer, Limitation on Liability.

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE BED FRAME 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 BIRCH OR ITS SUPPLIERS BE LIABLE FOR OR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE BED FRAME 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 BIRCH HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BIRCH'S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE BED FRAME 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.

Arbitration.

In the event a dispute arises between you and Birch 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.

Governing Law.

This limited warranty will be governed by the laws of the State of New York, without giving effect to its conflict of laws rules.

Warrantor.

Brooklyn Bedding, LLC

d/b/a Birch Living

30 Irving Place

9th Floor

New York, NY 10003

warranty@birchliving.com