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Legal Advice/Warranty Info

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KVegasDeac

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Pit attorneys or almost attorneys (or anyone with experience in this area)

In 2006, I purchased an item (mattress) from a local store. When purchasing the item, I was told that the item came with a 20 yr. non-prorated warranty as long as terms of the warranty had been upheld by me. Warranty terms were pretty simple- nothing out of the ordinary.

Fast-forward to today...the mattress has some obvious sagging (it's memory foam) and needs to be replaced. The sagging is greater than the 1 1/2 inch benchmark noted in the warranty. I call the store where the item was purchased (I have all original paperwork) as the warranty directs and am told that the warranty is void because the mattress manufacturer is our of business (flied for bankruptcy) and you're SOL. I speak to a supervisor and he pretty much tells me sorry not sorry. The warranty sheet that accompanied the mattress clearly states the dealer services the warranty and the mattress label says that it was manufactured by this company for the dealer.

I filed a BBB complaint, because I feel like the warranty has to be honored by the dealer- then the dealer can go after the manufacturer for the cost of replacing the mattress. The store sold me a 2100.00 mattress with a warranty and instructions to contact them with problems.

Do I have a case or am I really shit out of luck?

BTW- the store is Rooms to Go. Shittiest store/company on the planet. I've filed a BBB complaint against them in the past and they wound up honoring the warranty. It was a nightmare, but it was resolved in the end. Never buy from them. Ever. You're better off in the end using a smaller store and paying more for your furniture.
 
You are probably fucked as Rooms to Go probably has language somewhere that they only act as intermediary in the warranty process and that your recourse is against the manufacturer.

2 wrecked mattresses in however many years is pretty metal doe. You must either weigh 4 hundy or you do some hardcore sleeping.
 
Lol. Not fat. No hardcore sleeping- 3 young kids in sports. Mattress is shit..it's "visco memory foam" which is made from latex. It crushes easily and doesn't rebound. I didn't know this when I bought it. After checking the webs it seems to be a common problem with this mattress. We were talked out of buying a Serta by the salesperson because of the difference in warranty.

I've checked every piece of paperwork given to me at the time of purchase and delivery and nowhere in it does it state that RTG is the warranty intermediary. I am probably screwed just because I'm dealing with RTG.
 
KVegasDeac said:
Lol. Not fat. No hardcore sleeping- 3 young kids in sports. Mattress is shit..it's "visco memory foam" which is made from latex. It crushes easily and doesn't rebound. I didn't know this when I bought it. After checking the webs it seems to be a common problem with this mattress. We were talked out of buying a Serta by the salesperson because of the difference in warranty.

I've checked every piece of paperwork given to me at the time of purchase and delivery and nowhere in it does it state that RTG is the warranty intermediary. I am probably screwed just because I'm dealing with RTG.
Click to expand...
Its been a while so this might be new since you bought the mattress, but here is RTG's warranty on items they sell:

"THE FOLLOWING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES WHICH EXTEND BEYOND THE LIMITED WARRANTY DESCRIBED BELOW.

We warrant that the merchandise you purchase from us will be free from defects in material and workmanship for a period of ONE YEAR from the date of delivery. This warranty applies to you as the original purchaser only, and only to merchandise which has remained at the original delivery site. In order to recover under this warranty, you must give us written notice of the defect within one year of warranty period.

This warranty does not cover:

Wear, fading or shrinkage of fabric.
Damage due to misuse, abuse or accidents.
Damage or discoloration caused by sunlight or artificial lighting sources.
Variation of the color or graining of wood or wood products.
Ridges or rough areas in marble or variations in its color or graining.
The natural variations in graining and color of leather.
Furnishings that have been altered by the purchaser.

If the furnishings we sell you do not meet the above warranty or any other warranty expressed or implied, we will, at our option, as your only remedy either (i) refund to you the purchase price in exchange for a return of the merchandise, or (ii) repair or replace the non-conforming merchandise. Except to the extent expressly prohibited by Florida law, we are not liable to you for any consequential or incidental damage for breach of this or any other warranty."

Sounds like they talked you into the mattress because of the warranty the manufacturer made, who is now bankrupt.
 
Yep. Assholes...even though that's not written anywhere on my paperwork, signed or not signed.

Would that statement be void if the item was purchased prior to the company closing or if it was posted after my purchase in 2006? Or if it wasn't included in any of my signed warranty paperwork?
 
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I filed with BBB anyway. We'll see what happens. I know from previous dealings with them that they don't like to get the BBB involved. Someone from corporate called me and asked if I would remove my complaint or mark it as satisfied even though they were complete assholes for months.
 
Any chance you purchased with AmEx? I had an issue with a TV and an expired warranty by a few days (difference situation, but still), and AmEx refunded the difference between the purchase price and the cost of getting the TV repaired (like a $500 value or something). They'll usually offer some sort of reimbursement for shitty circumstances.
 
Paid cash, dammit. We usually make big purchases with Amex because their card member services are awesome, but in this instance we paid cash.
 
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