Faulty bed

mrprosser

I bought a bed from Benson's just over 2 years ago, and it came with a 5 year guarantee.


The springs in the mattress have failed, and Benson's have already accepted that there is a manufacturing fault, and want us to go and pick a new one.


My issue is that the bed I bought is discontinued. It was replaced by an almost identical model that comes in a new range of colours.


First problem is the new version of my existing bed is more expensive than the original one, and they want me to pay the difference. I can go for a cheaper one at no extra cost but they won't refund the difference either.


Second problem, when you bought the bed the headboard was sold separately, I picked a headboard that was upholstered in the same colour material as the divan BECAUSE it was a match. As the colour is now discontinued I am stuck with a headboard that won't match the new bed no matter what we do.


Am I being unreasonable in expecting them to at least replace the bed with its equivalent model?


What are my right about matching items?


There is nothing wrong with the divan, I would be happy to keep it and just swap the mattress, but that isn't an option as they have to take the bed and mattress back as they were sold as a set..... but if that is the case surely the headboard was part of the set too.

sevenhills

mrprosser wrote: »

I bought a bed from Benson's just over 2 years ago, and it came with a 5 year guarantee.


The springs in the mattress have failed, and Benson's have already accepted that there is a manufacturing fault, and want us to go and pick a new one.

My issue is that the bed I bought is discontinued. It was replaced by an almost identical model that comes in a new range of colours.

So, are you just being offered a new mattress, since that is the only item that has failed?

theonlywayisup

If you are claiming under warranty then you are stuck with whatever terms and conditions the warranty gives.

If you want to pursue your consumer rights then you will need to prove the fault was inherent (there at time of purchase). If they have accepted there is a manufacturing fault, do you have any form of hard evidence they agree this?

mrprosser

sevenhills wrote: »

So, are you just being offered a new mattress, since that is the only item that has failed?

Although the mattress has failed they are offering to replace it and the divan as they were sold as a set.


My problem is the replacement won't match the headboard, which we only bought because it matched the bed.


The other issue is that there is no like for like replacement.


I can either pick a bed that is £200 cheaper than the one I have, or £200 more than the one I have. But if I pick the cheap one there is no refund of the difference, but have to pay the difference to the more expensive one (Which is the equivalent model in the new line up)

mrprosser

theonlywayisup wrote: »

If you are claiming under warranty then you are stuck with whatever terms and conditions the warranty gives.

If you want to pursue your consumer rights then you will need to prove the fault was inherent (there at time of purchase). If they have accepted there is a manufacturing fault, do you have any form of hard evidence they agree this?

They have already accepted that it is a manufacturing fault. They sent an upholstery expert to examine the bed, the examiners report states this which is why they have agreed to replace the bed.

theonlywayisup

mrprosser wrote: »

Although the mattress has failed they are offering to replace it and the divan as they were sold as a set.

My problem is the replacement won't match the headboard, which we only bought because it matched the bed.

The other issue is that there is no like for like replacement.

I can either pick a bed that is £200 cheaper than the one I have, or £200 more than the one I have. But if I pick the cheap one there is no refund of the difference, but have to pay the difference to the more expensive one (Which is the equivalent model in the new line up)

A warranty can have whatever terms the giver of the warranty dictates.n If this is what the warranty giver decides is fair and it's inline with the warranty you were given, then you don't have a choice. You can try to negotiate with them but ultimately it's the warranty that counts, not whether you feel it's unfair or not.

If you don't like their resolution and feel you can prove the item inherently faulty then you might decide to take action under your Consumer Rights.

With respect to the posters on this board, you may want to ask a board guide to move your thread to the Consumer Rights board, you may get more help.

neilmcl

mrprosser wrote: »

Although the mattress has failed they are offering to replace it and the divan as they were sold as a set.


My problem is the replacement won't match the headboard, which we only bought because it matched the bed.


The other issue is that there is no like for like replacement.


I can either pick a bed that is £200 cheaper than the one I have, or £200 more than the one I have. But if I pick the cheap one there is no refund of the difference, but have to pay the difference to the more expensive one (Which is the equivalent model in the new line up)

But surely when the bed is made you wont see the difference.

elsien

You won't get a like for like/more expensive replacement. You've already had 2 years satisfactory use out of your 5 year warranty. Surely that needs to be taken into account?

mrprosser

theonlywayisup wrote: »

With respect to the posters on this board, you may want to ask a board guide to move your thread to the Consumer Rights board, you may get more help.

That might be best, I thought this would be the best place to ask as it is about home stuff.

neilmcl wrote: »

But surely when the bed is made you wont see the difference.

Except for the 18 inches of material that covers the divan from the floor to the duvet!

chunkytfg

Assuming the Bed is okay and the Headboard equally so why not just ask them if you could come to an agreement to replace just the mattress seen as they no longer sell the bed you have?

theonlywayisup

elsien wrote: »

You won't get a like for like/more expensive replacement. You've already had 2 years satisfactory use out of your 5 year warranty. Surely that needs to be taken into account?

Warranty doesn't need "things to be taken into account". A warranty is what it says on the tin.

If the warranty says like for like/more expensive then that's what should happen, regardless of how old the item is.

Consumer Rights, well that's another aspect entirely - and why I suggest the thread be moved - too many people confuse the two [Consumer Rights and warranty].

OP, what does your warranty say exactly?