Blvd Co 8 Year Limited Sofa Warranty
Effective Date of Current Policy: January 29, 2019
Your new Blvd Co Sofa is covered by an 8 year limited warranty (the “Sofa Warranty”). This limited Sofa Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
A. Products covered by this limited Sofa Warranty
This limited Sofa Warranty extends to Sofas manufactured by SVB Inc. (“Blvd Co”), purchased directly
from Blvd Co or Blvd Co’s authorized retailers, and located in the United States (not including US territories) or
Canada (the “Sofas”). Some parts of this limited Sofa Warranty also extend to covers sold with Sofas (“Sofa Covers”).
Sofas are designed to work on a flat, firm & solid-surface that is capable of
supporting the weight of the Sofa and user(s). This Sofa Warranty does not cover your
Product if you use it in a manner incompatible with that intended design.
B. Who this Sofa Warranty extends to
This limited Sofa Warranty extends to the original purchaser of any Sofa who is located in the United States (not including US territories) or Canada.
Customers who purchased their Sofas through Blvd Co’s trade program and use those Sofas for commercial purposes (for example, in a hotel or store) are "Trade Customers."
All Blvd Co warranties, including any implied warranties, are valid only for the period of time the Sofa is owned by the original purchaser of the Sofa.
The "original purchaser," for the purposes of this Sofa Warranty, is the first purchaser of the Sofa from Blvd Co or a Blvd Co authorized retailer.
Please retain a copy of your receipt as proof of purchase. All Blvd Co limited warranties are not transferable.
C. Blvd Co’s limited Sofa Warranty and responsibilities
Blvd Co warrants the Sofa in its original packaging sold to you against the defects in material and workmanship set forth
below (“Defects”) for a period of 8 years from the time your Sofa is purchased by you,
when the Sofa is used normally for its intended purposes in the home and on a bed base that
is structurally capable of supporting the weight of the Sofa and user(s).
Notwithstanding the foregoing, with respect to Trade Customers only, the limited warranty period shall be 3 years.
D. What this limited Sofa Warranty covers
- Deterioration causing the Sofa 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. The sag measurement is measured without any weight being applied to the sofa and pertains to the base structure, not the seat cushion. Normal wear requires that a Sofa be continuously supported by a matching flat foundation with the ability to support the collective weight of the Sofa and its users.
- Any physical flaw in the Sofa that causes the foam material to split or crack, despite normal usage and proper handling.
- Any manufacturing defect in the zipper assembly of the Sofa Cover.
This limited Sofa Warranty does not cover the following:
- A normal increase in softness of the foam which does not affect the quality of the Sofa.
- Comfort preference.
- 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.
- Damage caused by commercial use, such as in a hotel or store – unless you are a Trade Customer.
- Replacement of any non-defective pieces in the Blvd Co system (for example, if you purchase a Sofa with multiple components and only one component is defective, then we will only replace the defective component).
- Any Sofa (whether manufactured by Blvd Co or not) sold by resellers who are not authorized retailers.
- Sofas sold “as-is”, “preconditioned”, “reconditioned”, “used”, “comfort return”, “returned”, “previously owned”, or any other similar wording indicating that the Sofa is not “new” or of “first quality”, or has previously been purchased or used by another consumer.
In the event of a Defect, Blvd Co’s sole and exclusive liability and your sole remedy under this limited Sofa Warranty will be, at Blvd Co’s option, to provide a repaired or replacement Sofa or Sofa Cover, subject to your fulfillment of “Your Responsibilities” below. Replacement Sofa Covers may be provided in a color different from the Sofa Cover you originally purchased if that product line has been discontinued. We will notify you if this situation arises enabling you to choose an alternative cover within similar price point.
E. Your responsibilities
In the event of a Defect and in order to get the benefit of this limited Sofa Warranty, you must return your Sofas or Sofa Cover to Blvd Co and provide Blvd Co with proof of the original date of purchase. Should shipping costs be required to return your Sofa, you will not be responsible for those costs.
Evidence of a Defect and any claims must be sent to the address set forth at the end of this limited Sofa Warranty.
If you wish to replace your Sofa with a more expensive Sofa (an “Upgrade Sofa”), then please e-mail Blvd Co at the e-mail address set forth at the end of this limited Sofa Warranty. You will be required to pay the difference between the original purchase price of the Sofa and that of the Upgrade Sofa, plus the cost of any related additional system pieces necessary for such Upgrade Sofa.
Blvd Co will repair or replace (as applicable) and ship your Sofa or Upgrade Sofa back to you.
Replaced or repaired Sofas are subject to the same limited Sofa Warranty as the original Sofa. If you obtain a replaced or repaired Sofa, the warranty term of the replaced or repaired Sofa begins from the date of purchase of the original Sofa. If you purchase an Upgrade Sofa, a new warranty term will begin upon the purchase of the Upgrade Sofa.
F. Disclaimer, limitation on liability
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SOFA 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 SOFA WARRANTY, IN NO EVENT WILL BLVD CO OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE SOFA 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 BLVD CO HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BLVD CO’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE SOFA 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.
G. Arbitration
In the event a dispute arises between you and Blvd Co arising out of this Limited Sofa 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 Sofa 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.
H. Governing law
This limited Sofa Warranty will be governed by the laws of the State of New York.
I. Warrantor
SVB Inc.
22 N 6th Street
New York, NY 10003
hello@blvdco.com
Blvd Co 1 Year Limited Dog Sofa Warranty
Effective Date of Current Policy: January 29, 2019
Your new Blvd Co Pet Sofa is covered by a 1 year limited warranty (the "Pet Sofa Warranty"). This limited Pet Sofa Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
A. Products covered by this limited Pet Sofa Warranty
This limited Pet Sofa Warranty extends to Pet Sofas manufactured by Blvd Co, purchased directly from Blvd Co or Blvd Co’s authorized retailers, and located in the United States (not including US territories) or Canada (the “Pet Sofas”).
B. Who this Pet Sofa Warranty extends to
This limited Pet Sofa Warranty extends to the original purchaser of any Pet Sofa who is located in the United States (not including US territories) or Canada. The limited Pet Sofa Warranty does not extend to customers who purchased their Pet Sofas through Blvd Co’s trade program and use those Pet Sofas for commercial purposes (for example, in a hotel or store).
All Blvd Co warranties, including any implied warranties, are valid only for the period of time the Pet Sofa is owned by the original purchaser of the Pet Sofa. The “original purchaser,” for the purposes of this Pet Sofa Warranty, is the first purchaser of the Pet Sofa from Blvd Co or a Blvd Co authorized retailer. Please retain a copy of your receipt as proof of purchase. All Blvd Co limited warranties are not transferable. All Blvd Co limited warranties are not transferable.
C. Blvd Co’s limited Pet Sofa Warranty and responsibilities
Blvd Co warrants the Pet Sofa in its original packaging sold to you against the defects in material and workmanship set forth below (“Defects”) for a period of 1 year from the time your Pet Sofa is purchased by you, when the Pet Sofa is used normally for its intended purposes in the home.
D. What this limited Pet Sofa Warranty covers
- Normal wear and tear as a result of washing and intended use.
- Comfort preference.
- Physical abuse or damage to the Pet Sofa, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the defect is caused by such abuse or damage. Please note, if your pet scratches or bites the fabric resulting in tears, this is still considered physical abuse and will not be covered.
- Damage caused by commercial use, such as in a hotel or store.
- Any Pet Sofa (whether manufactured by Blvd Co or not) sold by resellers who are not authorized retailers.
In the event of a Defect, Blvd Co’s sole and exclusive liability and your sole remedy under this limited Pet Sofa Warranty will be, at Blvd Co’s option, to provide a replacement Pet Sofa, subject to your fulfillment of “Your Responsibilities” below.
E. Your responsibilities
In the event of a Defect and in order to get the benefit of this limited Pet Sofa Warranty, you must return your Pet Sofa to Blvd Co and provide Blvd Co with proof of the original date of purchase. Should shipping costs be required to return your Pet Sofa, you will not be responsible for those costs. Evidence of a Defect and any claims must be sent to the address set forth at the end of this limited Pet Sofa Warranty. In the event of a Defect, Blvd Co will ship replacement Pet Sofa (if applicable) to you.
Replaced Pet Sofa are subject to the same limited Pet Sofa Warranty as the original Pet Sofa. If you obtain a replacement Pet Sofa, the warranty term of the replaced Pet Sofa begins from the date of purchase of the original Pet Sofa.
F. Disclaimer, limitation on liability
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PET SOFA IS PROVIDED “AS IS” AND THIS LIMITED PET SOFA 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 PET SOFA WARRANTY, IN NO EVENT WILL BLVD CO OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE PET SOFA 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 BLVD CO HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BLVD CO’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PET SOFA 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.
G. Arbitration
In the event a dispute arises between you and Blvd Co arising out of this Limited Pet Sofa 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 Pet Sofa 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.
H. Governing law
This limited Pet Sofa Warranty will be governed by the laws of the State of New York.
I. Warrantor
SVB Inc.
22 N 6th Street
New York, NY 10003
hello@blvdco.com