Tempur Mattress mis sold?

Our Tempur mattress was purchased 10 years ago. Reason was the extended warranty and we understood the extra cost would be a saving as the mattress would last.

It is slowly become less comfortable and I was suffering from back pain after sleeping to the point which we had to investigate why. It has a sewn on cover so as there was no visible damage we cut this off to view the foam. What we found was a shock! The surface is cracked all over to a depth of about 2". Then in the areas where we sleep the cracks are about 6" deep. The cracks are substantial and close together (about every 10 cm). When you push on the foam it's just collapses in the cracked areas.

We have provided photos and waiting for feedback but a google search on Tempur does worry us. Others report Tempur will claim moisture damage. The only source of water damage is sweat which over a period of 10 years I can imagine would have an impact on a material that is known to break down is subjected to moisture.

So has this been misssold as it clearly is not a suitable material for a bed! It has always been covered and we wear pyjamas but do perspire!

Reading online the best outcome will be an offer of 50% off the rrp of a new Tempur Mattess (although this is usually after a battle). Having read more about the problem with these mattresses do not want to spend the extra money as they now have a rrp of approx £2000!

We will need to purchase a new mattress but do feel pretty sucked in by Tempur at a time when we had a disposable income and viewed it as an investment.

Anything we can do? And who should we be talking to? The shop who sold the mattress or Tempur direct?
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Comments

  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    Have you followed the Tempur guarantee requirements and contacted them?

    If you think you are getting a new mattress for free after 10 years you will be disappointed.

    This not a SOGA issue as the company are going beyond their statutory requirements and as such has nothing to do with the retailer.

    You have probably voided the warranty by cutting off the cover so you might struggle a bit here.
  • Moneybox
    Moneybox Posts: 194 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    My point is Tempur sell a mattress they know breaks down with moisture. Going on the average 6l of perspiration a day for an adult with 2 adults sharing a day although at rest and only using the bed to sleep it is subjected to a lot of moisture info he fact that it is for sleeping on.

    My feeling is it was mis sold as do not see how this material can be justified as being suitable for a bed. Maybe it's the extended warranty that suggest it should last 15yrs +

    I do expect the 50% off rrp from Tempur but it will be little use to us as we will not replace knowing what we do now.

    I will share the outcome with you but all be warned Tempur are not what they are cracked up (pun intended) to be.
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 1 November 2013 at 11:26AM
    With respect, a mattress might be a very important product, but to describe it as an investment is over the top.it sounds like a useless guarentee, does it have a moisture clause, did you read this when you bought it.
  • PZH
    PZH Posts: 1,599 Forumite
    Part of the Furniture Combo Breaker
    edited 1 November 2013 at 3:18PM
    Hintza wrote: »
    Have you followed the Tempur guarantee requirements..?

    You have probably voided the warranty by cutting off the cover so you might struggle a bit here.

    Agree with the above. As it's a Warranty - Tempur can set any T&C's they like. As such, you need to follow the Terms of the Warranty with precision.

    I also agree that cutting it open would probably have invalidated it anyway.

    But, you never know, they may have a change of heart.

    [STRIKE]
    Moneybox wrote:
    My point is Tempur sell a mattress they know breaks down with moisture....

    If you are pursuing under SOGA (i.e. NOT the warranty) then you would need an independent report that clearly shows the breakdown of the inner material is inherent (i.e. there from manufacture).

    Even then, SOGA allows for reasonable reductions to allow for the use already gained from the item. So you would never receive a full refund after 10 yrs.

    ETA: Claiming under SOGA needs to be done through the original Retailer and NOT the manufacturer.[/STRIKE]

    See below posts...
    Moneybox wrote:
    My feeling is it was mis sold as do not see how this material can be justified as being suitable for a bed.

    But it is suitable for a bed - you've been using it for 10yrs...
    Moneybox wrote:
    I do expect the 50% off rrp from Tempur but it will be little use to us as we will not replace knowing what we do now.

    So, in the nicest possible way, what do you want ?
    “That old law about 'an eye for an eye' leaves everybody blind. The time is always right to do the right thing.”
  • earthstorm
    earthstorm Posts: 2,134 Forumite
    http://uk.tempur.com/customer-support/quality-guarantee.html
    General Guarantee Conditions

    • The guarantee is valid only if the Tempur Product is used and handled correctly as per the instructions enclosed with your product. Please make sure you retain them.
    • The guarantee relating to mattresses, pillows and small products does not cover normal changes in hardness/softness or properties which do not affect the pressure relieving properties.
    • The guarantee covers physical defects and changes which cause a visible, permanent indentation, more than 2cm, in the Tempur material. (This does not apply to loose filled pillows.)
    • Complaints should be made to the authorised stockist from whom the product was bought.
    • To make a claim under the guarantee you must present the original invoice or sales receipt as evidence of your purchase.
    • The guarantee is valid if the product is taken outside of the UK. However, TEMPUR UK Ltd will not be liable for any costs relating to transportation to and from the UK.
    The guarantee does not apply:
    • If the TEMPUR instructions for using, cleaning and maintaining the product have not been followed., or if the product has otherwise been damaged as a result of poor maintenance, or careless use.
    • If the product has been bent, squeezed etc in cold temperatures or for a period of time causing the material to tear or be permanently deformed.
    • If the TEMPUR Product has been wet or soaked. The TEMPUR Material absorbs fluids and is difficult to dry, which reduces the functionality permanently.
    • If the product is very soiled or unhygienic.
    • If a TEMPUR Product has been altered or repaired without the permission of TEMPUR.
    • To zips on the cover of TEMPUR products unless faulty upon receipt of the product.
    If products are repaired under the guarantee, the original guarantee period is not extended. Please note the guarantee is for repair or replacement only.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    PZH wrote: »
    If you are pursuing under SOGA (i.e. NOT the warranty) then you would need an independent report that clearly shows the breakdown of the inner material is inherent (i.e. there from manufacture).

    Even then, SOGA allows for reasonable reductions to allow for the use already gained from the item. So you would never receive a full refund after 10 yrs.

    ETA: Claiming under SOGA needs to be done through the original Retailer and NOT the manufacturer.

    The Limitation Act 1980 tells us that six years is the limit for claims under SoGA.
  • PZH
    PZH Posts: 1,599 Forumite
    Part of the Furniture Combo Breaker
    wealdroam wrote: »
    The Limitation Act 1980 tells us that six years is the limit for claims under SoGA.

    Of course :A - my bad :o
    “That old law about 'an eye for an eye' leaves everybody blind. The time is always right to do the right thing.”
  • WTFH
    WTFH Posts: 2,266 Forumite
    Moneybox wrote: »
    My point is Tempur sell a mattress they know breaks down with moisture. Going on the average 6l of perspiration a day for an adult with 2 adults sharing a day although at rest and only using the bed to sleep it is subjected to a lot of moisture info he fact that it is for sleeping on.

    Can you back that up with medical fact?

    It appears that the average human produces about 25ml of water loss per hour when sleeping, or roughly 200ml for an 8 hour sleep.
    ...Except that figure also includes breath. when sleeping, over 75% of the moisture loss is in your breath. That means we're down to 50ml (max) from skin perspiration.
    The next thing to consider is how much of your skin si in contact with the mattress, and how much isn't. Well, let's assume you are not 2-dimensional, then the amount of skin in contact with the mattress must be less than 50%. In fact, if you've got your head on a pillow and are lying on your back, I'd got for 33%. On your side, probably 25%.

    So, if you sleep on your back, you're not producing 6l of water a night, but maybe 17ml.

    Next we need to talk about surface area. It's not 17ml in one tiny spot, but spread out over your body. So, let's put in some figures... 150cm length and 15cm width of body in contact with the mattress would mean a surface area of 2250cm^2.
    Divide 17 by 2250 and you get 0.0057ml per square cm per night.

    Now comes a few questions:
    1. Do you sleep on a sheet or directly on the mattress?
    2. Do you have an electric blanket under the sheet?
    3. Do you have a mattress protector under the sheet?
    4. Are any of those things capable of absorbing 0.0057ml of liquid over an 8 hour period?

    But then again, you might argue that 6l is correct and there is no difference in sweat production when awake or asleep. That would mean the initial figure would be 2l instead of 200ml. Which would mean my calculation was out by a factor of 10 and your body might produce 0.057ml of liquid per square cm per night.
    1. Have you tried to Google the answer?
    2. If you were in the other person's shoes, how would you react?
    3. Do you want a quick answer or better understanding?
  • monty-doggy
    monty-doggy Posts: 2,134 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker I've been Money Tipped!
    WTFH wrote: »
    Can you back that up with medical fact?

    It appears that the average human produces about 25ml of water loss per hour when sleeping, or roughly 200ml for an 8 hour sleep.
    ...Except that figure also includes breath. when sleeping, over 75% of the moisture loss is in your breath. That means we're down to 50ml (max) from skin perspiration.
    The next thing to consider is how much of your skin si in contact with the mattress, and how much isn't. Well, let's assume you are not 2-dimensional, then the amount of skin in contact with the mattress must be less than 50%. In fact, if you've got your head on a pillow and are lying on your back, I'd got for 33%. On your side, probably 25%.

    So, if you sleep on your back, you're not producing 6l of water a night, but maybe 17ml.

    Next we need to talk about surface area. It's not 17ml in one tiny spot, but spread out over your body. So, let's put in some figures... 150cm length and 15cm width of body in contact with the mattress would mean a surface area of 2250cm^2.
    Divide 17 by 2250 and you get 0.0057ml per square cm per night.

    Now comes a few questions:
    1. Do you sleep on a sheet or directly on the mattress?
    2. Do you have an electric blanket under the sheet?
    3. Do you have a mattress protector under the sheet?
    4. Are any of those things capable of absorbing 0.0057ml of liquid over an 8 hour period?

    But then again, you might argue that 6l is correct and there is no difference in sweat production when awake or asleep. That would mean the initial figure would be 2l instead of 200ml. Which would mean my calculation was out by a factor of 10 and your body might produce 0.057ml of liquid per square cm per night.

    Does that mean its not knackered due to the sweat and it is faulty?
    Lost the point to the maths!
  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    How long the mattress lasts would also depend on how often and how well it is aired and how often it is turned.

    If you make the bed as soon as you get up in the morning the bed has no time to breath and if the mattress is only turned front to back every six months it won't last as long as one that is left to air for an hour or two before being made and the mattress alternately turned back to front and top to bottom every three months.

    The former will ruin the mattress in just a couple of years, the latter will prolong the life by keeping the wear and tear even and allowing the moisture out of the mattress every day.
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