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Terms of Use for Mathisbrothers.com

 

 

Introduction

Welcome to Mathisbrothers.com. The Site (the "Site") is provided by Mathis Brothers Furniture ("Mathis Brothers") as a service to our loyal customers. The following basic rules (the "Terms of Use") govern your use of the Site. Your use of the Site constitutes your unconditional agreement to be bound by the Terms of Use. Mathis Brothers reserves the right, at its discretion, to change, modify, add or remove portions of the Terms of Use at any time and without notice to you by posting such changes to this page. Mathis Brothers recommends you review the Terms of Use whenever you use the Site. Your continued use of the Site following the posting of these changes to the Terms of Use will constitute your acceptance of those changes.

Mathis Brothers may disclose or alter any aspect of the Site, remove content from the Site, restrict the time the Site is available or restrict the amount of use permitted at Mathis Brothers' sole discretion and without prior notice or liability to you. You agree that Mathis Brothers may, in its sole discretion, immediately suspend and or terminate your access to the Site without any liability to you or any third party.

The Terms of Use were last updated on Sept 15, 2015.

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Site Use

By accepting the Terms of Use through use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by the Terms of Use. It is not Mathis Brothers policy to knowingly collect personal information of children under the age of 13 without prior parental or legal guardian consent. Children under the age of 13 may not use the Site other than for browsing, and parents or legal guardians may not agree to the Terms of Use on their behalf. If you are a parent or legal guardian and agree to the Terms of Use for the benefit of a child between the ages of 13 and 18, you agree to be fully responsible for such child's use of the Site, including any financial charges and/or legal liability that may be incurred. If you do not agree to (or cannot comply with) any of the Terms of Use, do not use the Site.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of the Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except for personal use as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on the Site is the property of Mathis Brothers or its suppliers and/or manufacturers and protected by U.S. and international copyright laws. The Contents and software on the Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on the Site is strictly prohibited.

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Accounts

For certain aspects of the Site, you may be asked to register an account. In the event you agree to register an account, you will receive a username and password upon providing registration information and successfully completing the registration process. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify Mathis Brothers in the event (a) your registration information changes or (b) you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You also agree that you will provide truthful and accurate information during the registration process. Providing any untruthful or inaccurate information constitutes a breach of the Terms of Use. Mathis Brothers may refuse to grant a particular username to you for any reason, including, without limitation, if Mathis Brothers determines that such username (i) impersonates someone else, (ii) is protected by trademark or other proprietary right law or (iii) is vulgar or otherwise offensive.

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Lowest Price Guarantee

To qualify for the Lowest Price Guarantee, the customer must present a hard copy of the ad for the same item from a competitor in our local trade area within a 50-mile radius. The ad can be from a print publication or a website and must be within the last 30 days. The Lowest Price Guarantee also applies if the customer purchased from us and then finds the same item cheaper within the next 30 days. The customer's original purchase date must be within the previous 30 days from the date of the ad. Once verified, the amount of the double the difference will be credited to the customer or we will mail a refund check. The competitor's price must be for new merchandise. Floor models, one-of-a-kind, final clearance, electronics, and "as is" merchandise is excluded.

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Security of Site

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Mathis Brothers will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than those search engines and search agents that are generally available third party web browsers (e.g., Netscape Navigator or Microsoft Explorer).

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Copyrights and Trademarks

Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Mathis Brothers, one of its subsidiaries or affiliates or by third parties who have licensed their materials to Mathis Brothers and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on the Site is the exclusive property of Mathis Brothers and is also protected by U.S. and international copyright laws. Mathis Brothers and its suppliers expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on the Site. Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any of Mathis Brothers' or any third party's intellectual property rights. Mathis Brothers' names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Mathis Brothers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on the Site. Access to the Site does not authorize anyone to use any name, logo or mark in any manner.

All photographs, text, and other content on this site are the exclusive property of Mathis Brothers Furniture and are protected by United States and International copyright laws. All rights are reserved. Except as provided in our Terms of Use www.mathisbrothers.com, downloading, copying, and/or distribution of any the images or other content from this site, in whole or in part, without the written consent of Mathis Brothers is strictly prohibited. Violators will be pursued.

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Purchases

Mathis Brothers may allow users to place Orders (as defined below) for products and/or services via the Site. The term "Order" or "Orders" shall mean any order placed by you for products and/or services via the Site that is accepted by Mathis Brothers. In the event that you place an Order to purchase products and/or services from the Site, you are subject to the additional terms of this section. Upon placing an Order, you shall pay to Mathis Brothers the purchase price as set forth in the shopping cart. In an effort to minimize unauthorized transactions and otherwise fraudulent actions, Mathis Brothers may require additional verifications or information before accepting your Order. Mathis Brothers or its third-party subsidiaries or affiliates may utilize the services of certain third-party payment processors to process payments of credit cards and other accepted methods of payment. Your purchase is subject to any additional terms and conditions imposed by such third-party payment processors. The purchase price and any applicable fees or taxes shall be applied to your chosen method of payment upon submission of your Order. Prices and availability of products are subject to change without notice. Errors will be corrected where discovered, and Mathis Brothers reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an Order has been submitted, whether or not the Order has been confirmed and your payment method has been accepted and charged. In the event your payment method has been accepted and charged, Mathis Brothers will issue you the appropriate credit within a commercially reasonable time after your Order has been cancelled. You hereby represent and warrant to Mathis Brothers that you are an authorized signatory of the credit, debit card or other method of payment that you provide to Mathis Brothers or its third-party payment processor to pay the purchase price and any applicable fees or taxes related to your purchases of products and/or services via the Site. In the event you purchase a product that must be delivered to you, such products will be shipped by Mathis Brothers and/or its third-party contractors within a commercially reasonable time after processing of your Order. Delivery time may vary depending on the delivery method selected and product availability. Mathis Brothers does not guarantee delivery at any certain time and is not responsible for delivery delays.

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Gift Card Terms and Conditions

The following are the terms and conditions generally applicable to Mathis Brothers gift cards ("Gift Cards"): (i) Gift Cards are redeemable at any of the following Mathis Brothers locations for in-store purchases only: 3434 W. Reno, Oklahoma City, Oklahoma; 6611 South 101 East Ave., Tulsa, Oklahoma; 4015 East Inland Empire Blvd., Ontario, California; or 81-410 Highway 111, Indio, California; (ii) Gift Cards are not redeemable for cash (except in those states that require redemption for cash); (iii) lost, stolen or damaged Gift Cards will be replaced only with valid proof of purchase to extent of remaining card balance and must be reported prior to use by an unauthorized individual; (iv) Gift Cards are not a credit or debit card; (v) Gift Cards are not valid as payment on any Mathis Brothers credit or finance program; (vi) your use of a Gift Card constitutes your acceptance of these terms and conditions; (vii) to verify the current balance of your Gift Card, please call 1-800-242-5353; (viii) Gift Cards can be reloaded at any Mathis Brothers location; and (ix) all terms and conditions associated with the Gift Cards will be enforced except where prohibited by law. For more specific terms and conditions of Mathis Brothers Gift Cards, please contact Mathis Brothers.

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Delivery

If your merchandise is being delivered:

  • If you made your purchase online, we will call you within 24 hours to make delivery arrangements. If your order includes transfers or other currently unavailable items, you may have the option of
    • arranging immediate delivery for the items on hand, and subsequent delivery of the other items when they become available
    • or waiting for delivery until all items are available.
  • Before we can deliver your merchandise, it must be paid for in full (or financing arrangements completed) by 9 p.m. two (2) days prior to delivery.
  • Mathis Brothers begins processing your delivery two (2) days prior to the delivery date. This includes locating your merchandise in our warehouse, taking to a staging area, checking to make sure it is undamaged, pre-assembling it, and cleaning it. No changes can be made once this process has started.
  • Prior to that time, changes may be made by contacting your local store. Click here for our Store Locator.
  • We will send you an email the day before your scheduled delivery with the approximate time we will arrive.
  • Please make sure the area in which your furniture will be placed is ready to receive it.
  • When we have been assured the furniture is set up to your satisfaction, we will clean up any packaging and dispose of it.
  • On the back of your delivery receipt will be an invitation for you to tell us about your delivery by taking a 3-5 minute survey, and to review the products you have received . We will also send this to you in the form of an email.

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Pickup

If you are picking up your merchandise:

  • Visit the store locator page for the hours our warehouses are open.
  • Bring your receipt to the cashier counter for processing and warehouse instructions.
  • Provide a valid ID and, if you are using a rental vehicle, the rental agreement.
  • The cashier will provide you with a warehouse ticket.
  • Pull your vehicle into a warehouse pickup lane.
  • Give your warehouse ticket to one of our warehouse members.
  • They will bring your merchandise and load it into your vehicle.

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Return/Exchange Policy

  • A 10% restocking plus a pick up fee (if applicable) will be charged on all items returned within 7 days. If you select other merchandise of equal or greater value within 7 days, there will be no restocking fee. Only the pick up fee (if applicable) will be charged.
  • NO CASH REFUNDS. Refunds are processed after receipt of merchandise. Credit card refunds are made within 24 hours. Allow 72 hours for credit to show at your banking institution. Refund checks are mailed within 10 business days.
  • All sales are final on AS-IS and Custom Order merchandise.
  • No returns on electronics. Exchanges against manufacturer defects are accepted within 14 days of purchase.
  • Adjustable bed bases are non-returnable and do not have a tryout period.
  • 7 day return policy only applies on pillows, bedding, and mattress protection products if unused and still sealed in original packaging.

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Items Warranted:

  • Upholstered Furniture
    If any of the following defects appear within a one year period, in shop repairs will be made as indicated.
    1. Repair any seam that has come unsewn, repair thread breakage and reset buttons that have pulled loose.
    2. Replace any foam in cushions that has crumbled or lost it resiliency.
    3. Repair any framework or springs that have broken, separated, or pulled loose within a three (3) year period.
      Exceptions- upholstered fabrics are not warranted against wear, shrinkage ,tearing, or fading.
  • Bedroom, Dining Room, and Occasional Tables : In-shop repairs will be made to correct any defects in workmanship or materials (excluding finishes) appearing within the first year from date of purchase.
  • Mattresses and Foundations: Service will be provided in accordance with each manufacturer’s warranty.
  • Outdoor (patio) furniture: according to each manufacturer’s warranty.

General Terms:

  • This warranty extends to the original purchaser and covers defects appearing during normal use.
  • The duration of this warranty begins at the date merchandise is delivered or picked up by the customer.
  • Transportation- This warranty does not cover the transportation of merchandise to be repaired or replaced. Delivery service is available at a minimum charge within our local service area. An additional charge per mile will apply outside of this area.
  • To obtain service under this warranty or get details about the manufacturer’s warranty, contact our service department here.
    Or email us at here.
  • Any repairs needed beyond warranty period will be handled for a minimal charge in our shop or with contracted service shops.

General Exclusions:

  • This warranty does not apply to merchandise marked "as-is".
  • This warranty does not cover defects caused by customer abuse or negligence.
  • This warranty is in lieu of any other warranty, expressed or implied, including warranties for particular purpose and/or merchantability.

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Content and Pricing Information

Although Mathis Brothers strives to provide accurate pricing information on its Site, pricing or typographical errors may occur. Mathis Brothers cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, Mathis Brothers shall have the right, at its sole discretion, to refuse or cancel any Orders placed for that item. In the event that an item is mispriced, Mathis Brothers may, at its sole discretion, either contact you for instructions or cancel your Order and notify you of such cancellation. Mathis Brothers attempts to be accurate in its product descriptions; however, Mathis Brothers does not warrant that product descriptions, product images, product pictures or other Content of the Site is accurate, complete, reliable, current, or error-free. If you find a product is not as described, your sole remedy is as set forth in the Return/Exchange Policy section of the Terms of Use.

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Product Information

Most products displayed on the Site are available in select Mathis Brothers Furniture stores. In some cases, products and merchandise displayed for sale on the Site may not be available at certain Mathis Brothers Furniture stores. The prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the United States. In the event of a price discrepancy between the product price on the Site and the in-store price, the in-store purchase price will take precedent.

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Colors

Mathis Brothers has made significant efforts to accurately display the colors of our products that appear on the Site. However, as the actual colors you see will depend on the specifications of your monitor, Mathis Brothers cannot guarantee that your monitor's display of any color will be accurate.

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Quantity Limits and Dealer Sales

Mathis Brothers reserves the right, at its sole discretion, to limit the quantity of items purchased per person, per household or per Order. These restrictions may be applicable to Orders placed by the same account, the same credit card, and also to Orders that use the same billing and/or shipping address. Mathis Brothers will provide notification to you should such limits be applied. Mathis Brothers also reserves the right, at its sole discretion, to prohibit sales to dealers or resellers. For purposes of the Terms of Use, reselling shall be defined as purchasing or intending to purchase any product from Mathis Brothers for the purpose of engaging in a commercial sale of that same product with a third party.

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Exports

You acknowledge that the items sold on the Site are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing from the Site, you agree to abide by the applicable laws, rules and regulations including, but not limited to the Export Administration Act and the Arms Export Control Act.

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User Content

Mathis Brothers does not control any user content posted by its users, nor does it have any obligation to monitor such user content for any purpose. Despite the fact that it has no monitoring obligations, Mathis Brothers reserves the right to remove any and all material, in its sole discretion, that is actually or potentially inappropriate, offensive, illegal or harmful any respect or which may violate the Terms of Use. Because the user content offered in the Site is provided by other users and Mathis Brothers does not monitor or exercise control over the user content, Mathis Brothers does not make any warranties or representations regarding any of the user content offered via the Site or the quality thereof. Mathis Brothers does not necessarily approve, endorse, sanction, encourage, verify or agree with any message posted by its users or otherwise embodied in the content. You understand that by using the Site, you may be exposed to content that may be offensive, indecent, vulgar, defamatory or otherwise objectionable, and that in no way shall Mathis Brothers be liable under any theory for such exposure. Mathis Brothers will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any user content you submit for any purpose whatsoever, without restriction and without compensating you in any way. Mathis Brothers is and shall be under no obligation (1) to maintain any user content in confidence; (2) to pay to you any compensation for any user content; or (3) to respond to any user content. You agree that any user content submitted by you to the Site will not violate the terms in this Terms of Use or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary rights, and will not cause injury to any person or entity. You further agree that no user content submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". Mathis Brothers is not a backup service for storing user content, and therefore Mathis Brothers shall have no liability regarding any loss of user content. You are solely responsible for creating backups of any user content you post using the Site.

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Indemnification and Termination

You agree to defend, indemnify and hold harmless Mathis Brothers and its subsidiaries and affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site or any breach by you of the Terms of Use. The Terms of Use are effective unless and until terminated by either you or Mathis Brothers.

You may terminate the Terms of Use at any time, provided that you discontinue any further use of the Site. Mathis Brothers may also terminate the Terms of Use at any time and without notice, and may deny you access to the Site, if in Mathis Brothers' sole discretion you fail to comply with any term or provision of the Terms of Use.

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Disclaimer

The Site is provided by Mathis Brothers on an "as is" and "as available" basis. Mathis Brothers makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or products included on the Site. To the full extent permissible by applicable law, Mathis Brothers disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, Mathis Brothers disclaims any and all warranties, express or implied, for any merchandise offered on the Site. You acknowledge, by your use of the Site, that your use of the Site is at your sole risk. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of the Terms of Use. Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitations may not apply to you.

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Merchandise Content Disclaimer

Product information (including pictures of products on the Site) accessed through the Site is obtained from claims made by the product's manufacturer. Please note that, on occasion manufacturers may alter their labels so actual product packaging and materials may contain different information than that shown on the Site, thus Mathis Brothers cannot guarantee or ensure the accuracy, completeness or timeliness of any product information. Furthermore, pictures of certain products or merchandise on the Site may contain accessories or other items that are not sold by Mathis Brothers. Mathis Brothers recommends that you do not solely rely on the information and/or pictures presented and that you always read labels, warnings, and directions before purchasing and/or using a product. For additional information about a product, please contact the manufacturer. Mathis Brothers assumes no liability for inaccuracies or misstatements about products. Any customer reviews are provided for informational purposes only.

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Free Gift Disclaimer

In the event Mathis Brothers engages in a free gift promotion, Mathis Brothers uses every reasonable effort to maintain the validity of any free gift promotion, and is not responsible for any defects or failures on this Site that might indicate any such promotion or gift other than the item which is explicitly associated with such promotion. Mathis Brothers is not responsible for any damages that may result from any defect, failure or other technical default in the operations of this Site. The Site may be inaccessible for any reason including, without limitation (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Mathis Brothers may undertake from time to time; or (iii) causes beyond the control of Mathis Brothers or which are not foreseeable by Mathis Brothers. Mathis Brothers reserves the right to discontinue any promotion at any time without notice to you. The free gift promotion is available through Mathis Brothers for online credit applications only and must be picked up at the store that is nearest to you. The free gift may vary depending on availability of the gift item in the location nearest to you. In the event that a particular gift item is not available, Mathis Brothers reserves the right to offer a substitute item of equal or lesser value. Sufficient identification (i.e. driver's license, etc.) must be presented in order to validate that the gift is being presented to the online applicant only. Limit one gift per household. The gift promotion applies only while supplies last and is based on a first come, first serve basis.

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Limitation of Liability

Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Mathis Brothers or any of its subsidiaries, affiliates, employees, directors, officers, agents, vendors, manufacturers or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Site, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of Mathis Brothers has been advised of or should have known of the possibility of such damages. In no event will Mathis Brothers be liable for any damages in excess of the fees paid by you in connection with your use of the Site during the six (6) month period preceding the date on which the claim arose.

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Privacy

You acknowledge that any personal information that you provide through the Site will be used by Mathis Brothers in accordance with its Customer Privacy Policy Notice which can be found on the Site.

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General

The Terms of Use represent the complete agreement between the parties and supersede all prior agreements and representations between the parties. Headings used in the Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of the Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of the Terms of Use shall remain in full force and effect. The failure of Mathis Brothers to act with respect to a breach of the Terms of Use by you or others does not constitute a waiver and shall not limit Mathis Brothers' rights with respect to such breach or any subsequent breaches. The Terms of Use shall be governed by and construed under Oklahoma law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to the Terms of Use or your use of the Site must be brought in the state or federal courts in Oklahoma City and you consent to the exclusive personal jurisdiction of such courts.

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Power Base 10-Year Protection Plan Agreement

Montage Warranty Logo

Agreement Number: PBMTB

This form describes the protection You will have in return for the payment made by You. This Agreement applies to one (1) Covered Mattress Power Base with a total retail cost of $5,000 or less before sales tax and delivery charges.

1. DEFINITIONS:

  1. ”Obligor”, “We”, “Us” and “Our” mean the company obligated under this Agreement, National
    Product Care Company, 175 West Jackson Blvd., Chicago, Illinois 60604, except in Arizona,
    Florida and Oklahoma, where it is SERVICE SAVER, INCORPORATED, 175 West Jackson Blvd.,
    Chicago, Illinois 60604; in Texas, where it is National Product Care Company dba Texas National
    Product Care Company, Inc., 175 West Jackson Blvd, Chicago, Illinois 60604. In Florida,
    the license number is 80173.
  2. “You” and “Your” mean the purchaser of the Covered Product(s).
  3. “Administrator” means Montage, Inc., 3050 Centre Pointe Drive, Suite 50, Roseville, Minnesota
    55113, 1-800-686-5559.
  4. “Selling Retailer” means the entity selling the Covered Product and this Agreement.
  5. “Covered Product” means the consumer item(s) which You purchased concurrently with and
    is/are covered by this Agreement.
  6. “Agreement” means the coverage terms, conditions, limitations and exclusions set forth herein,
    together with the sales receipt provided to You by the Selling Retailer.
  7. “Purchase Price” means the original Purchase Price for the Covered Product, paid by You to the
    Selling Retailer, excluding tax and delivery costs.

2. REPAIR PLAN:

In return for the payment made by You, We will provide the following coverage:

(1) Term:

The term of this Agreement begins on the date of delivery of Your Covered Product and continues for the ten (10) year period following the delivery date. Any coverage in this Agreement which replicates coverage provided by a manufacturer’s warranty will only take effect upon the expiration of such warranty. Coverage for stain and unintentional and accidental damage from handling of the Covered Product is effective upon the date of delivery of the Covered Product.

(2) Coverage:

Through the Administrator, We will repair or replace the Covered Product, at Our discretion, when required due to:
Mechanical and structural breakdowns to a mattress Power Base as a result of:

  • Breakage of sleeper, recliner, lifting, heating and/or vibrating mechanisms.
  • Breakage of welds.
  • Breakage of steel frames.
  • Failure of integral electrical components, including wiring, motors and remote control devices.

If possible, We will order, from the Selling Retailer, replacement part(s) or complete product(s), as necessary, to fulfill the coverage provided under this Agreement. Such part(s) or complete product(s) will be new and of the same make and model as Your Covered Product unless the Selling Retailer is unable to supply such products. In this case, You will select and, if approved by Us, We will order, from the Selling Retailer, new replacement part(s) or complete product(s) with features similar to those of Your Covered Product, up to, but not to exceed, the Purchase Price.

In the event some, but not all, of Your Covered Product is replaced, coverage will continue for the remaining term of this Agreement for any part(s) or complete product(s) that have not been replaced. However, there will be no further coverage for any part(s) or complete product(s) that are replaced hereunder and the part(s) or complete product(s) which We provide to replace any Covered Product will not be covered under this Agreement, nor will they be eligible for coverage under a new Agreement.

In the event the Selling Retailer where you purchased Your Covered Product is unwilling or unable, for any reason, to supply (i) part(s) or complete product(s) of the same make and model as Your Covered Product, or (ii) replacement part(s) or complete product(s) with features similar to those of Your Covered Product that are satisfactory to You (not to exceed the Purchase Price), We will refund the original Purchase Price of this Agreement, less Our cost of all previous claims paid under this Agreement, in complete fulfillment of Our obligation to You hereunder.

If You select replacement product(s) of lower cost than the Covered Product, no credit will be issued or compensation provided for the difference. If You select replacement product(s) of higher cost than the Covered Product You will be required to pay the difference directly to the Selling Retailer or other entity providing the replacement product(s).

(3) Limit of Liability:

The total limit of liability under this Agreement is the least of (1) the Purchase Price (2) the cost of
repairs authorized by the Administrator up to the Purchase Price (3) replacement product(s) of the same make and model as the Covered Product, (4) replacement product(s) with features similar to those of Your Covered Product (as determined by the Administrator) or (5) a cash payment, in an amount agreed upon by You, in lieu of repair(s) or replacement(s).

(4) What to do if a covered problem occurs:

Contact the Administrator within thirty (30) days of noticing the problem by:

  • Calling the customer service toll-free number at 1-800-686-5559.
  • Sending an email with claim details to claims@montagefs.com.

Claims must be reported to the Administrator within thirty (30) days of noticing the stain, damage or breakdown in Your Covered Product. You must provide a copy of Your sales receipt that details the retailer, the purchase date, the Agreement purchased, the items covered by the Agreement purchased and their Purchase Price. All repairs must be authorized by the Administrator prior to performance of work. Claims on unauthorized repairs may be denied.

(5) Service Deliverables:

There is no deductible required to obtain service for Your Covered Product. The Administrator may provide You with authorized products to assist You in removing stains. Do not attempt stain removal until You contact the Administrator for assistance. Please see the directions on the authorized products for proper usage. If the stain cannot be removed with the authorized products, call the Administrator to arrange for professional cleaning. If We are unable to remove the stain professionally, We will replace Your affected item. Service will be performed in Your home; the authorized service center may opt to remove the Covered Product to perform service in-shop and will return the Covered Product upon completion.

3. WHAT IS NOT COVERED:

  1. ANY LOSS NOT SPECIFICALLY LISTED IN SECTION 2.2 “COVERAGE”;
  2. ANY DAMAGE CAUSED BY THE CONSUMER DURING THE ASSEMBLY OF READY TO ASSEMBLE (RTA) ITEMS;
  3. PRODUCT REPAIRS THAT ARE COVERED BY THE MANUFACTURER’S WARRANTY OR AS A RESULT OF A
    RECALL, REGARDLESS OF THE MANUFACTURER’S ABILITY TO COVER SUCH REPAIRS;
  4. ANY AND ALL PRE-EXISTING CONDITIONS THAT OCCUR PRIOR TO THE EFFECTIVE DATE OF THE AGREEMENT
    AND/OR ANY PRODUCT SOLD USED OR DAMAGED;
  5. ANY STAIN OR DAMAGE OCCURRING PRIOR TO OR DURING DELIVERY, OR WHILE FURNITURE IS IN TRANSIT
    OR STORAGE;
  6. ACCUMULATED STAINS OR DAMAGE RESULTING FROM LACK OF REGULAR CARE AND MAINTENANCE,
    WILLFUL ABUSE, MISUSE, MISHANDLING, UNAUTHORIZED MODIFICATIONS OR ALTERATIONS TO A COVERED
    PRODUCT, FAILURE TO FOLLOW THE MANUFACTURER’S INSTRUCTIONS;
  7. EXTERNAL CAUSES INCLUDING, FIRE, THEFT, INSECTS, ACTS OF NATURE, ILLEGAL ACTS, ACTS OF GOD OR
    CONSEQUENTIAL LOSS OF ANY NATURE;
  8. INCIDENTAL, CONSEQUENTIAL OR SECONDARY DAMAGES OR DELAY IN RENDERING SERVICE UNDER THIS
    AGREEMENT, OR LOSS OF USE DURING THE PERIOD THAT THE COVERED PRODUCT IS AT AN AUTHORIZED
    SERVICE CENTER OR OTHERWISE AWAITING PARTS;
  9. STAIN OR DAMAGE CAUSED BY APPLIANCE MALFUNCTIONS AND ANY RESULTANT LEAK THEREFROM;
  10. ANY PRODUCT USED FOR COMMERCIAL, INSTITUTIONAL OR RENTAL PURPOSES;
  11. FAILURES THAT OCCUR OUTSIDE OF THE FIFTY (50) STATES OF THE UNITED STATES OF AMERICA, AND/OR
    THE DISTRICT OF COLUMBIA;
  12. UNAUTHORIZED SERVICE, REPAIRS AND/OR PARTS;
  13. SERVICE WHERE NO PROBLEM CAN BE FOUND;
  14. BREAKDOWNS WHICH ARE NOT REPORTED WITHIN THE TERM OF THIS AGREEMENT;
  15. ANY DAMAGE RESULTING FROM EVERYDAY USE OR THAT HAS BUILT UP OVER TIME;
  16. STAIN OR DAMAGE RESULTING FROM THE USE OF CLEANING PRODUCTS NOT APPROVED BY THE
    MANUFACTURER:
  17. MOLD, MILDEW, ODOR;
  18. STAINS CAUSED BY MEDICAL INCONTINENCE, OR OTHER REPETITIVE STAINS FROM THE SAME CAUSE;
  19. DAMAGE CAUSED BY AN INDEPENDENT CONTRACTOR, SUCH AS BUT NOT LIMTED TO, PLUMBER, PAINTER
    OR OTHER SERVICE OR MAINTENANCE PERSONNEL;
  20. BODILY INJURY;
  21. DAMAGE CAUSED BY PETS (OTHER THAN BODILY FLUIDS);
  22. WEAR RELATED REPAIRS OR DAMAGE, SUCH AS BUT NOT LIMITED TO RUST OR CORROSION, NORMAL
    WEAR AND TEAR, SCRATCHES OR DENTS;
  23. NOISES; ACCESSORIES USED IN CONJUNCTION WITH THE COVERED PRODUCT.

4. CONDITIONS:

  1. Renewal: This Agreement is not renewable.
  2. Transferability: This Agreement is not transferable.
  3. Territorial Limitations: This Agreement does not cover failures that occur outside of the fifty (50) states of the United States of America, and/or the District of Columbia.
  4. Subrogation: If We pay for a loss, We may require You to assign Us Your rights of recovery against others. We will not pay for a loss if You impair these rights to recover. Your rights to recover from others may not be waived.
  5. Dispute Resolution - Arbitration: This Agreement requires binding arbitration if there is an unresolved dispute between You and Us concerning this Agreement (including the cost of, lack of or actual repair or replacement arising from a breakdown). Under this Arbitration provision, You give up Your right to resolve any dispute arising from this Agreement by a judge and/or a jury. You also agree not to participate as a class -consolidation of individual arbitrations. In arbitration, a group of three arbitrators (each of whom is an independent, neutral third party) will give a decision after hearing Your and Our positions. The decision of a majority of the arbitrators will determine the outcome of the arbitration and the decision of the arbitrators shall be final and binding and cannot be reviewed or changed by, or appealed to, a court of law.
    To start arbitration, either You or We must make a written demand to the other party for arbitration. This demand must be made within one (1) year of the earlier of the date the breakdown occurred or the dispute arose. You and We will each separately select an arbitrator. The two arbitrators will select a third arbitrator called an “umpire.” Each party will each pay the expense of the arbitrator selected by that party. The expense of the umpire will be shared equally by You and Us. Unless otherwise agreed to by You and Us, the arbitration will take place in the county and state in which You live. The arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The rules of the American Arbitration Association (www.adr.org) will apply to any arbitration under this Agreement. The laws of the state of Illinois (without giving effect to its conflict of law principles) govern all matters arising out of or relating to this Agreement and all transactions contemplated by this Agreement, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Agreement.
  6. Cancellation: You may cancel this Agreement for any reason at any time. In the first thirty (30) days You will receive a full refund upon cancellation. To cancel within ten (10) days of receipt, contact the Selling Retailer of Your Agreement for a full refund. After ten (10) days, contact the Administrator in writing with this Agreement and a copy of Your sales receipt to receive a full refund. After thirty (30) days, You will receive a pro-rated refund based on the time expired less a twenty-five dollar ($25) cancellation fee, or ten percent (10%) of the Purchase Price (whichever is less), less the cost of claims paid. We may not cancel this Agreement except for fraud, material misrepresentation or non-payment of premium by You. Notice of such cancellation will be mailed to You at least thirty (30) days prior to cancellation and will include the effective date and reason for cancellation. If We cancel, the return premium is based upon one-hundred percent (100%) of the unearned pro-rated premium.
  7. Entire Agreement: This is the entire Agreement between the parties, and no representation, promise or condition not contained herein shall modify these items. The Obligor under this Agreement is insured by a policy of insurance issued by Virginia Surety Company, Inc., 175 West Jackson Blvd, Chicago, Illinois, 60604, (800)209-6206.

5. STATE VARIATIONS:

The following state variations will control if inconsistent with any other provisions:

State variation determined by consumer’s state of residence.
See “Section5_StateVariations.pdf”
PBMB-1012

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Mathis Brothers Furniture

Disclosure Pursuant to the California Transparency in Supply Chains Act

The California Transparency in Supply Chains Act became effective on January 1, 2012 in the State of California. This law seeks to provide consumers with critical information about the efforts that companies are undertaking to prevent and root out human trafficking and slavery in their product supply chains.

Mathis Brothers Furniture seeks to use only suppliers that act in a responsible manner, including having no involvement with slavery, human trafficking, forced labor or child labor. We are in a continual process of validating that our suppliers are in compliance with a Code of Conduct that requires them to conduct their operations in accordance with all laws applicable to their businesses. In addition, a Mathis Brothers representative conducts unannounced visits to approximately 30% of its suppliers on an annual basis to observe conditions in their manufacturing facilities. If we have concerns, the supplier will be given the opportunity to address them. If the concern is not addressed to our satisfaction, we may sever our business relationship with that supplier.

Mathis Brothers Furniture also provides training to our employees who are directly involved with our suppliers to familiarize them with identifying and reporting slavery and human trafficking issues. Employees who ignore any signs of child or forced labor are subject to disciplinary action up to and including termination of employment.

Mathis Brothers Furniture continues to maintain its commitment to corporate social responsibility and will be diligent in our efforts to prevent and root out human trafficking and slavery in our supply chain.

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