READ THIS IF YOU PLAN ON BUYING A BED EVER IN YOUR LIFE!!!!!!

[Racer X]

Just a little heads up for those planning on purchasing a bed anytime in theyre life.

I went to my local Mattress Warehouse last January and purchased a queen sized Simmons BeautyRest 3 from theyre store. This is the top of the line that Simmons makes and with that comes a nice price tag.

I can tell you that while in the store i had already decided on the stage 2 and while the wife was talking to the sales guy i SAT on the stage 3 and wanted that one. After 30 seconds on this bed you will be thinking about sleep no matter what time of the day it is guaranteed. The most comfortable bed i have ever laid on.

So i got it and after buying the protective mattress pad and paying taxes it was a little over $2300 (was in a not at fault car accident when i was 23 that sent me to a chiropractor for the rest of my life so it was worth it to me) Waited 5 days for it to be shipped and delivered and brought into my house and set up. A wonderful 10 months followed of incredible restful sleep.

Then in November i noticed that it seemed a little off on the side but couldnt quite put my finger on what it was. After about another month i had a complete bow in the side of the bed that stuck out about 6-8 inches from the side and that side of the bed is as comfortable to sleep on now as your Blaster seat would be.

So i contacted Simmons waited for theyre paperwork to come filled it out and took it back in to my local store. They said someone would be in touch and set up an appointment to come look at it. So about a week ago this guy comes out looks at it and says theyll be in touch with theyre decision in about a week.

Saturday comes and theyre decision is is that im not covered under my 10 year warranty because i have stains on my bed (there is a pee stain on the good side of the bed from my 4 year old). The stains occured with theyre mattress pad on the bed and regardless of that how does it make the friggin bed bow out like that on the other side of the bed? What is my kid Superman? with acid pee?

So i go to the store today to complain and the guy says that we were told that the stains would nullify the warranty and they couldnt do anything. He said that if there was a stain due to the pad not working then we should have contacted the pad company. But contacting them now wont do any good because our warranty has been nullified due to our complaint and someone coming to investigate the bed. He also said that every mattress company does it this way not just Simmons.

So what does everyone think here? Just curious on everyone's opinion is especially the law enforcment people on here I:I I personally think im being given the shaft on this deal. Bottom line is theyre bed crapped out. Regardless of theyre being a stain on the opposite side of the bed from the malfunction it just crapped out. I think im owed a bed out of the deal and i think theyre just trying to screw me with multiple "technicalities".

Sorry so long but im just so friggin pissed!!!!!!!!!!! I:I

 

[jtraptor660]

sorry to here you are getting hosed

 

[xjma]

Wow. That's like saying since someone keyed a car, they're not gonna honor the powertrain warranty!!!

I hate big stores like that. Was it an extra cost warranty? I hear those are always a rip off!


Have you tried flipping the mattress over??

I'm lucky, I can sleep anywhere!!....as long as it's quiet.

 

[CC&Fabb]

Legally there is nothing you can do really. I mean the best thing to do would be to READ the warranty and see if stains do in fact void the warranty. If they do then you are pretty much out of luck. If it does NOT say that stains void the warranty then you have a case against them.

The problem with companies that give out warranties with their products is that as they seem to be very good a face value once you get into them they suck and you may as well not have one. It just seems that with every warranty there is some BS in it saying "if you sleep sideways on the bed it voids the warranty."

I am sorry to be on the side of the company but that is just how it is I think.

I am sorry for how this all went down and believe me if I spend $2300 on a bed less than a year ago and it was already broken I would be pissed of as well.

Best advice look into this warranty a bit more and see if there is any loop holes.

 

[Racer X]

the paperwork they gave us with the bed said that the warranty "excludes" stains which i took as they didnt count. but with the paperwork that we got back from the company it has a pamphlet (which is not in the store) that says stains on it as a warranty nullifier.

And yea if my transmission goes on my new car they dont tell me they cant replace it because i scratched the paint.

 

[2smoker85]

that is really sh*tty, the stain has nothing to do with the problem. assholes!!

 

[phragle]

lawyer up and get them. a stain would be part of the normal wear and tear expected of a mattress and not considered missuse or abuse. have you suffered pain discomfort or mobility limitiations due to the failure of the mattress?? thats recoverable.

http://www.dldewey.com/bed.htm


here you go... U.S. Code title 15,2310

(2) For the purposes of this subsection, the term “deceptive warranty” means
(A) a written warranty which
(i) contains an affirmation, promise, description, or representation which is either false or fraudulent, or which, in light of all of the circumstances, would mislead a reasonable individual exercising due care; or
(ii) fails to contain information which is necessary in light of all of the circumstances, to make the warranty not misleading to a reasonable individual exercising due care; or
(B) a written warranty created by the use of such terms as “guaranty” or “warranty”, if the terms and conditions of such warranty so limit its scope and application as to deceive a reasonable individual.

http://www4.law.cornell.edu/uscode/html/uscode15/usc_sec_15_00002310----000-.html


to cover your bases, fist send simmons a certified letter saying you are applealing the denial of there warrenty claim, and asking what that process is. (keep RECORDS!) reciept for certified mail, copie of letter etc...

follow that process... if unsecessful (keep records of all communications, communicate ONLY in writing)

inform them that this outcome is unacceptable to you because of (code) and that you would like to make one last attepmt at correcting the matter to your satisfaction, if that fails inform them that you will be required to obtain legal council to excercise your rights as a consumer.

next step is to let your lawyer handle the rest..it won't take much (for 2 reasons)
1. it is cheaper to give you a new mattress than to fight you in court
2. losing a lawsuit establishes 'precedent' this meaning it will be recorded as a judgement against them, this legal ruling can then be used as evidence by anyone else who has brought/bringing action against them.

start your research....search court records (district federal etc) relating to simmons. start with the county and state where they are located. if it does goe to court or has gone to court, and the language of the warranty as well as it's implimentation proves to be pruposely vague, ambigous or decietfull in a purposefull manner to defraud consumers, you may then be able to collect punitive damages. (court termonolgy for punishment for wrong doing) these are the damages that pay out the astronimical settlement figures you hear about. this is where a $2000 dollar case can become worth millions.

in the mean time, you do NOT want to go around to everywebsite you can find bad mouthing the company. this can be construed as liable and defamatory, giving the company ammunition against you in countersuit. the proper forum is the court, not the internet.

do not make your communications "threats" If you dont give me a new mattress I'm gonna sue you won't get you far...do your research... don't scream I'm gonna sue!, they just think your a harmless hot head. tell them you are excercising your rights as a consumer. tell them that you did research and in a similiar suit against them by so and so resulted in this..but be specific, to the point and cite examples. if you tell them they were sued and lost, have the palintiff, the court, the case number, the award, the judges summary etc.

 

[phragle]

the paperwork they gave us with the bed said that the warranty "excludes" stains which i took as they didnt count. but with the paperwork that we got back from the company it has a pamphlet (which is not in the store) that says stains on it as a warranty nullifier.

And yea if my transmission goes on my new car they dont tell me they cant replace it because i scratched the paint.

the warrenty that counts is the one that you were given at the time of purchase (in writing) not something sumplemental sent by the company after the fact. as the warranty at time of purchase is what you based your purchase on. if something as simple as a stain voids the warranty and you were not told that upfront..thats deceptive.

 

[Racer X]

thanks Fabb and phragle good info guys I:I

 

[89custom]

like phragle said, whatever warrenty you were shown is the warrenty they have to offer. if you must, get a laywer and beat the sh*t out of those money sucking leeches.

 

[DozerDan]

Call and speak to a manager. Be polite and respectfull, but firm. Let them know that their response is not acceptable and you want to know what they are willing to do.

If they stick with it, tell them your lawyer will be in touch and wait for them to get back to you. If not pony up a couple hundred for a lawyer and you will get results.

They are just like evey other big corp. They figure if they give you the run around long enough you will move on.

Dan

 

[scottishblaster]

looks like there not much you can do if the warrenty doesnt cover stains the best thing you could do would be to keep at them and talk to people higher in the company and give them as bad a name as possible which hopefully they will replace your mattress to shut you up

 

[ruthless_one3k]

I feel for you man, I got in a not at fault when I was 21 and my backs been messed up ever since. A good mattress can be the difference between a dream and a nightmare

 

[Unstock240]

I would be super mad. I don't think a pee stain is gonna deform the mattress.

 

[blaster01]

wow that sucks!!!

 

[ridinfast03]

Good luck bro, I bought the same mattress back in September, haven't had any problems yet, but we bought two of the pads that the store manager said we would have to have to keep stains from voiding our warranty. Sound familiar?

 

[89custom]

what the f*ck is up with stairs voiding warenty's, honestly. whys everyone SO f*ckING GAY. you cant trust any companys these days. everything has a built in lifetime timmer and there made to f*ck up and make you spend more. nothings made like it used to be, to last.

 

[Racer X]

what the f*ck is up with stairs voiding warenty's, honestly. whys everyone SO f*ckING GAY. you cant trust any companys these days. everything has a built in lifetime timmer and there made to f*ck up and make you spend more. nothings made like it used to be, to last.

your right custom sad that your as young as your are saying that because i was about a decade older when i first said it. Everything now is designed to be thrown away instead of fixed and it costs more then the stuff that you could fix and repair.

And i have read the paperwork that they sent and it says on there paperwork that my warranty excludes burns, stains or soil marks. That tells me that i cant call and ask for a new mattress because i burned or stained it.

Also says that regardless if the bed is defective if the mattress is so soiled burned or stained that they cant inspect it, that regardless of the defect they are not responsible for the product in any way.

So if the guy came out and inspected it doesnt it seem within reason that it wasnt so soiled and stained that it couldnt be inspected?

Even more interesting is the pamphlet they sent back has the burn section highlighted on the card saying that burns etc are excluded from the warranty. But im not trying to get a bed because its stained. im trying to get a bed because its broken.

Looking at that card last night i found it very interesting how it reads. Will be starting a photobucket account later today so i can post a pic of it and the mattress.

and ridinfast yea it does sound familiar but i also bought the pad when i got the mattress and im here to tell you that since the mattress arrived at my house the pad has been on there. I have a 5yr old and a 2yr old Rott. Need that extra protection haha. and trust me i hope this doesnt happen to you but if it does come back and read this thread just to see what similarities there are.

and yea that bed is comfortable. the first week i had to set the alarm to wake me up daily lol