Help - bed drew blood!

Rufty1

Hello,

I have a mattress that I first started using on 16th March 2011. It's a Joseph bubbles 2000 (sprung with a layer of latex on top). On Thursday my partner caught his leg on metal sticking up from the middle. There is a 4 inch gash in his leg and he's lucky to not need stitches. I only found out after I got home & searched the web for the details of the manufacturer (rather than who I got it from which would take much longer to find). it seems like the structure has failed and several bits of metal are sticking up. I emailed Joseph Furniture asking for comments, but have heard nothing. Surely an expensive mattress should last more than 2 & half years. It's had very little use as I hardly sleep Suggestions welcome please?

George_Michael

Did you follow any instructions or guidelines (if any were provided) with regards to turning the mattress on a regular basis?

In the first instance, you should contact the retailer that you purchased it from as it is them that you have a contract with and it's them that you will probably have to push for a remedy.

What you might well have to do is to see if you can get the matress examined by an independent expert (if you can find such a thing) and get a report stating that the mattress hasn't been abused or damaged by misuse and that the failure is due to a manufacturing defect.

Was there any sort of manufacturers warranty with the mattress? If so, provided that you are eligible for this, it might be worth writing to the makers again.

wealdroam

Any statutory rights you may have are with whoever sold it to you.

Whilst it may be quicker to approach the manufacturer direct, they are under no obligation to offer anything beyond that offered by their guarantee.

For further detail, have a read of these two MSE articles:

• Consumer Rights
• How to Complain

Rufty1

Thanks. This is complicated slightly by the fact I ordered it over the phone, and when it was delivered a neighbour accepted it but there was no paperwork. So I have no idea what guarantee there might be. As for turning it - this type must not be turned over as it has the latex layer on top of the springs. We have turned it around though.

earthstorm

Rufty1 wrote: »

Thanks. This is complicated slightly by the fact I ordered it over the phone, and when it was delivered a neighbour accepted it but there was no paperwork

Even though you ordered over the phone, so you should know who you ordered it from, so your contract is with them as the retailer.

nearlyrich

We got two thirds of the cost of a new mattress from Sealy when our 5 year old Posturepedic mattress threw a spring out of the side, the retailer sorted it out with the manufacturer for us. It's definitely worth asking.

InsideInsurance

Rufty1 wrote: »

Thanks. This is complicated slightly by the fact I ordered it over the phone, and when it was delivered a neighbour accepted it but there was no paperwork. So I have no idea what guarantee there might be.

The Sales of Goods Act entitles you to a "reasonable life" for any item (up to the statute of limitation - 6 years in England) and so what warranty it may have come with is a little irrelevant though if one is in force it may be less of an argument.

Rufty1

Thanks - any idea what 'reasonable life should be? Cant find any guidance.

InsideInsurance

Rufty1 wrote: »

Thanks - any idea what 'reasonable life should be? Cant find any guidance.

And this is one of the challenges with the legislation because there is no guidance and so ultimately up to a judge to decide on a litigated case.

Generally it is considered that what the item is should be the biggest driver with this then being modified by relative price and any marketing claims etc.

Personally I would guess about 8 years on average and probably a span of 5-12 years depending on if its an ultra budget or ultra luxury model. Problem is this is just an opinion.

It can always be good to use a retailer or manufacturers website against them. Check both the companies sites to see if they claim any sort of lifespan figures. For example Sealy recommend 8-10 years http://www.sealy.com/customer-service/faqs.aspx#q{A0D2CF5B-DF1E-4874-A896-D2D99D0E86D6}

Rufty1

The company came back and said 1 year, so tough cheddar. I said 1 year for a £700 mattress was scandalous. Working out my next steps..... All advice welcome, thanks.

Pinkypants

Write to them and tell them that you intent to pay for an independent report about the mattresses. Then once you have the report back stating that it's an inherent fault with the product you intent to claim via the small claims court. For cost of mattress and also the report.