Casper Warranty

Casper Sleep 10 Year Limited Mattress Warranty

Your new Casper mattress is covered by a 10 year limited warranty (the “Mattress
Warranty”). This limited Mattress 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 Mattress Warranty
This limited Mattress Warranty extends to mattresses manufactured by Casper Sleep
Inc. (“Casper”), purchased directly from Casper or Casper’s authorized retailers, and
located in the United States (not including US territories) or Canada (the “Mattresses”).
Some parts of this limited Mattress Warranty also extend to covers sold with Mattresses
(“Mattress Covers”). This limited Mattress Warranty does not extend to Clearance
Mattresses (please see Final Sale and Clearance Items for more details).
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). This Mattress
Warranty does not cover your Product if you use it in a manner incompatible with that
intended design.
B. Who this Mattress Warranty extends to
This limited Mattress Warranty extends to the original purchaser of any Mattress who is
located in the United States (not including US territories) or Canada. Customers who
purchased their Mattresses through Casper’s trade program and use those Mattresses
for commercial purposes (for example, in a hotel or store) are “Trade Customers.”
All Casper warranties, including any implied warranties, are valid only for the period of
time the Mattress is owned by the original purchaser of the Mattress. The “original
purchaser,” for the purposes of this Mattress Warranty, is the first purchaser of the
Mattress from Casper or a Casper authorized retailer. Please retain a copy of your
receipt as proof of purchase. All Casper limited warranties are not transferable.
C. Casper's limited Mattress Warranty and responsibilities
Casper warrants the Mattress in its original packaging sold to you against the defects in
material and workmanship set forth below (“Defects”) for a period of 10 years from the
time your Mattress is purchased by you, when the Mattress 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 Mattress and user(s).
Notwithstanding the foregoing, with respect to Trade Customers only, the limited
warranty period shall be 3 years.
D. What this limited Mattress Warranty covers
This limited Mattress Warranty applies to the following Defects:
 Deterioration causing the Mattress to have a visible indentation greater than one
(1) inch 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 physical flaw in the Mattress that causes the foam material to split or crack,
despite normal usage and proper handling.
 Any manufacturing defect in the zipper assembly of the Mattress Cover.
This limited Mattress 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.
 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 Casper 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 Casper or not) sold by resellers who are
not authorized retailers.
 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, Casper’s sole and exclusive liability and your sole remedy
under this limited Mattress Warranty will be, at Casper’s option, to provide a repaired or
replacement Mattress or Mattress Cover, subject to your fulfillment of “Your
Responsibilities” below. Replacement Mattress Covers may be provided in a color
different from the Mattress Cover you originally purchased.
E. Your responsibilities
In the event of a Defect and in order to get the benefit of this limited Mattress Warranty,
you must return your Mattresses or Mattress Cover to Casper and provide Casper with
proof of the original date of purchase. Should shipping costs be required to return your
Mattress, 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 Mattress Warranty.
If you wish to replace your Mattress with a more expensive Mattress (an “Upgrade
Mattress”), then please e-mail Casper at the e-mail address set forth at the end of this
limited Mattress Warranty. You will be required to pay the difference between the
original purchase price of the Mattress and that of the Upgrade Mattress, plus the cost
of any related additional system pieces necessary for such Upgrade Mattress.
Casper will repair or replace (as applicable) and ship your Mattress or Upgrade
Mattress back to you.
Replaced or repaired Mattresses are subject to the same limited Mattress Warranty as
the original Mattress. If you obtain a replaced or repaired Mattress, the warranty term of
the replaced or repaired Mattress begins from the date of purchase of the original
Mattress. If you purchase an Upgrade Mattress, a new warranty term will begin upon
the purchase of the Upgrade Mattress.
F. Disclaimer, limitation on liability
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MATTRESS 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 MATTRESS WARRANTY, IN NO EVENT WILL
CASPER 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 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 CASPER HAS BEEN ADVISED OF SUCH
DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF
ANY LIMITED REMEDY. CASPER’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.
G. Arbitration
Generally. You and Casper agree that you and Casper will resolve any dispute arising
out of or in any way related to this Mattress Warranty, the Casper Terms and Conditions,
or the purchase, receipt, order or use of any Casper Products through binding
arbitration, as fully set forth in the Casper Terms and Conditions found at
casper.com/terms, and as stated herein. Arbitration is less formal than a lawsuit in court.
Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited
discovery than in court, and can be subject to very limited review by courts. Arbitrators
can award the same damages and relief that a court can award. This agreement to
arbitrate disputes includes all claims arising out of or in any way related to this Mattress
Warranty, the Casper Terms and Conditions, or the purchase, receipt, order or use of
any Casper Products, whether based in contract, tort, statute, fraud, misrepresentation,
or any other legal theory, and regardless of whether a claim arises during or after the
termination of this Mattress Warranty. YOU UNDERSTAND AND AGREE THAT, BY
ENTERING INTO THESE TERMS, YOU AND CASPER ARE EACH WAIVING THE
RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Despite the provisions of the Section entitled “Generally” directly above,
nothing in this arbitration agreement will be deemed to waive, preclude, or otherwise
limit the right of either party to: (a) bring an individual action in small claims court or (b)
to file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and Casper will be governed by the Federal
Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and
the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA
Rules”) of the American Arbitration Association (“AAA”), as modified by these arbitration
terms, and will be administered by the AAA. The AAA Rules and filing forms are
available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting

Casper. The arbitrator has exclusive authority to resolve any dispute relating to the
interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process. A party who intends to seek arbitration must first send a written notice
of the dispute to the other party by U.S. Mail and electronic mail (“Notice”). Casper’s
address for Notice is: 175 Greenwich St., Floor 40, New York, NY 10007 and
legal@casper.com. The Notice must: (a) describe the nature and basis of the claim or
dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make
good faith efforts to resolve the claim directly, but if the parties do not reach an
agreement to do so within 30 days after the Notice is received, you or Casper may
commence an arbitration proceeding. During the arbitration, the amount of any
settlement offer made by you or Casper must not be disclosed to the arbitrator until after
the arbitrator makes a final decision and award, if any. If the dispute is finally resolved
through arbitration in your favor, Casper will pay you the highest of the following: (i) the
amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered
by Casper in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
Fees. If you commence arbitration in accordance with this provision, Casper will
reimburse you for your payment of the filing fee, unless your claim is for more than
$15,000 or as set forth below, in which case the payment of any fees will be decided by
the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in
New York, New York, but if the claim is for $15,000 or less, you may choose whether the
arbitration will be conducted: (a) solely on the basis of documents submitted to the
arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-
person hearing as established by the AAA Rules in the county (or parish) of your billing
address. If the arbitrator finds that either the substance of your claim or the relief sought
in the Demand is frivolous or brought for an improper purpose (as measured by the
standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all
fees will be governed by the AAA Rules. In that case, you agree to reimburse Casper
for all monies previously disbursed by it that are otherwise your obligation to pay under
the AAA Rules. Regardless of the manner in which the arbitration is conducted, the
arbitrator must issue a reasoned written decision sufficient to explain the essential
findings and conclusions on which the decision and award, if any, are based. The
arbitrator may make rulings and resolve disputes as to the payment and reimbursement
of fees or expenses at any time during the proceeding and upon request from either
party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND CASPER AGREE THAT EACH MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS
A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING. Further, unless both you and Casper agree
otherwise, the arbitrator may not consolidate more than one person’s claims and may
not otherwise preside over any form of a representative or class proceeding and may
award declaratory or injunctive relief only in favor of the claimant and only to the extent
necessary to provide relief warranted by the claimant’s individual claim.
Enforceability. If the Section entitled “No Class Actions” is found to be unenforceable or
if the entirety of this arbitration agreement is found to be unenforceable, then the
entirety of this arbitration agreement will be null and void and, in that case, the parties
agree that the exclusive jurisdiction and venue described directly below will govern any

action arising out of or related to this Mattress Warranty, the Casper Terms and
Conditions, or the purchase, receipt, order or use of any Casper Products.
Choice of Law; Venue. This Mattress Warranty will be governed and construed in
accordance with the laws of the State of New York, excluding its conflicts of law rules. If
a lawsuit or court proceeding is permitted under this Mattress Warranty, then you and
Casper agree to submit to the personal and exclusive jurisdiction and venue of the state
and federal courts located within New York, New York.
H. Governing law
This limited Mattress Warranty will be governed by the laws of the State of New York.
I. Warrantor
Casper Sleep, Inc.
175 Greenwich St., 39th Floor
New York, NY 10007
support@casper.com