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Mattress Warranty Claim - New York State

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mlm

Junior Member
Hi,

New York State Question.

Our mattress has developed a sag in one spot only. We have maintained it according to the manufacturer's care and warranty card.

We called the store where we purchased our mattress and they indicated the procedure to follow is to pay the store to file warranty claim. We paid the store $39 to file the warranty replacement claim form for an $1,100 major manufacturer mattress. Claim was handled by local store where a store appointed technician took measurements. Specs on Warranty indicate 1 1/2" or less is normal wear. Technician measured 1 3/4" on report. Warranty is full replacement for 10 years.

Claim was denied by the out of state manufacturer - we were sent a letter stating "refer all future claims to local store." They have repeatedly ignored the fact that the 1 3/4" measurement is not within their warranty spec (this is all documented via the BBB).

Thinking of filing a claim.

Questions:

1) Do we have a legitimate small claim? Is the technician's measurement of 1 3/4" versus "less than 1 1/2" enough to win the claim?
2) Can we file against the local store which sell many brands and is not owned by the manufacturer, or do we have to file against the manufacturer?
3) If we have to file against the out-of-state manufacturer, is there such a process?

Thank you,
MLM
 
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BL

Senior Member
If nothing else file a complaint with your local Attorney General's Office of Consumer Affairs . Who knows , you might get results , especially if this issue is being complained of often enough .
 

mlm

Junior Member
The claim against the manufacturer is still in process. The Regional Office of State OAG, Bureau of Consumer Frauds and Protection agrees in writing "this claim has merit" and is now tracking.

Question: I have a written warranty. Can the Manufacturer request a different process (e.g. a new inspection) after the original inspection was performed? The initial claim, inspection and process were followed to the letter of the original warranty. The manufactuer now wants to add additional steps to re-inspect the mattress. I am contending they cannot alter the Warranty process after the fact.

Thank you,
MLM
 

BL

Senior Member
mlm said:
The claim against the manufacturer is still in process. The Regional Office of State OAG, Bureau of Consumer Frauds and Protection agrees in writing "this claim has merit" and is now tracking.

Question: I have a written warranty. Can the Manufacturer request a different process (e.g. a new inspection) after the original inspection was performed? The initial claim, inspection and process were followed to the letter of the original warranty. The manufactuer now wants to add additional steps to re-inspect the mattress. I am contending they cannot alter the Warranty process after the fact.

Thank you,
MLM
The store should honor the Full replacement . It's kind of absurd they want a re inspection ?

Be very persistent with the store and manufacture , you want a replacement as per warranty .

As you know the OAG can not force them to replace unless there's a pattern, and they file suit on your behalf and win .

Since it's worth over a grand , you may want to consult an General Practice Attorney for a small fee and have him / her write a letter on your behalf to the Store . CC: manufacture .

Look in the phone book for consults through the Bar association , for referrals and consults Also . In my area consults run about 50 bucks , They may or may not write a letter on your behalf . If you seek one yourself , they may write one for no charge .

Someone with further knowledge may come along and actually tell you who to file against , but in my experience you are now dealing with who you have the warranty with .
 
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JETX

Senior Member
mlm said:
Do we have a legitimate small claim?
Without reviewing ALL the documents (warranty, inspection, etc), and based SOLELY on the information in your post, likely yes.

Is the technician's measurement of 1 3/4" versus "less than 1 1/2" enough to win the claim?
On its own, likely not.
You will need to provide additional evidence, statements, receipts, etc.

Can we file against the local store which sell many brands and is not owned by the manufacturer, or do we have to file against the manufacturer?
Of course you can.... you can "file against" anyone you want. The court will determine, based on their answer, as to whether the claim against them should continue or be dismissed.

If we have to file against the out-of-state manufacturer, is there such a process?[/qutoe]
Yep. File just as you would an 'in-state' defendant... and serve them in their state (or their in-state representative/agent if they have one).
 

mlm

Junior Member
I Won My Mattress Claim in Small Claims.

I am happy to report, after much effort and repeatedly requesting the Warranty for my mattress be honored...I won a small claims judgement against the original dealer for the full amount of the orignal purchase price of the mattress PLUS the arbitrator added $20 to cover my filing fee.

The following is from memory, but wanted to get it posted in case it helps anyone else.

History:
Mattress has a 10 Year written warranty. Mattress was 6 years old.
1) Mattress developed "channels / sags" on all sleeping areas.
2) Personal measurements were 2" or more for the sags.
3) We checked to see if we had any options to replace the mattress under Warranty. Warranty states, must go through original dealer for claim.
4) Warranty also states 1 1/2" is "acceptable".
5) Claim process requires filing a claim with original dealer who appoints a technician to measure.
6) We contacted original retailer and they sent a Technician who measured 1 3/4" in one of the measurements which is the basis for the entire claim and my requesting replacement. 1 3/4" was beyond "acceptable 1 1/2" which is the measure stated on the warranty.
7) Dealer denied multiple requests to honor warranty based on technician measurement of 1 3/4" which was beyond 1 1/2". Multiple denials via mail and phone.
8) Sent request for replacement to Manufacturer to honor the warranty.
9) Denied multiple times via phone and e-mail - no specific reference to 1 3/4" used in denial, just "normal settling" given as the reason for denial.
10) Contacted BBB in Manufacturer's home state and city.
11) Manufacturer Denied BBB's inquiry and request to arbitrate.
12) Contacted local Office of Attorney General for assistance.
13) Manufacturer denied again, and denied OAG request on my behalf for replacement due to sag measurement beyone warranty specification.
14) Bought new mattress - old one was pain in the back and other areas, both literally and figuratively.
15) Sent registered demand letter to Manufacturer to reimburse for original purchase price and included release from all future claims.
16) Denied (you probably knew that was coming).
17) Decided to take matter to small claims court.
Claim was against the original authorized dealer for mattress company since they are considered the local representative for the Manufacturer and the Warranty states mattress claims must go through original retailer.
18) Met at Small claims and did nothing more than reiterate warranty is specific in performance of mattress and states "acceptable settling of 1 1/2", Technician measurement was 1 3/4" of our mattress ...1 3/4" is greater than 1 1/2". Mattress was rotated and flipped in accordance with care process, and should have maintained it's support.

Additional items: Mattress was rotated and flipped in accordance with care process.
Cosmetically, mattress was in excellent shape. No rips or stains. Check your mattress and your warranty to see if any of these conditions are present and may preclude a replacement.

If there is a mattress claim process, follow it to a "T." Be sure to be present and observe if a Technician is sent to inspect and measure. Ask questions and verify the Technician's measurements as they are being taken. If you do not agree with the measurement, get it corrected immediately, or have the Technician note your concern on the original report. Get a copy of the report. If you have a claim for one one or more warranty items, stick to the particular failure(s), don't allow yourself to be drawn to other non-warranty, or unrelated topics.
 
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