Public Mediation

Defective Product- Sealy Posturepedic Brava UP Queen mattress

C. R. vs. Mattress Warehouse (Headquarters)
4949 New Design Rd, Frederick, Maryland, 21703-7111, United States
Amount Involved: $848.00
Complaint(s): Safety Issue
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
    • View response from: Mattress Warehouse (Headquarters)
    • Claimant Seeks: View.
    • Claim #: 1765130
    • Amount Involved: 848.00
    • Filed On: Sep 24, 2010
    • Posted On: Oct 09, 2010
    • Complaint(s):
      • Safety Issue
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Statement of Claim
Complaint Involved (1) - View
Claimant says:
"I bought a mattress and box spring - a Sealy Brava Ultra Plush mattress on 7/29/10. The merchandise was delivered on 08/03/10. It was delivered in seemingly good condition. When I slept on the mattress that night. I noticed that the mattress was sinking(had very little resistance in the middle) and when two people slept on the bed, their bodies were at an angle, making for uncomfortable sleep and body discomfort. I went to the manager, Mr. Emad the next day and expressed concern that the mattress was structurally defective. He recommended that I sleep on the mattress for the week and if I continued to have problems to come back on Monday, which I did. When I returned stating that the mattress continues to be uncomfortable and to have structural defects. I was told to file a warranty claim with Serta. I filed the claim the same day and I was told that they would send someone to my house to evaluate the mattress. Someone was sent to my house on 8/28/2010. The person who came was Mr. David Martin. He confirmed from his pressure readings that the pressure in the mattress was variable and there was much less resistance in the center than the sides. According to Serta's criteria for replacement of a mattress however, it must be sagging in the middle an amount of 1 1/2 inches and my mattress did not meet that criteria. This is a brand new mattress and the defect can be clearly recognized from lying on the mattress and Mattress marshals who did the evaluation of the mattress confirmed that it has much less resistance in the center than the sides proving some structural defect.
Mattress Warehouse would not respond to my request for replacing the mattress since their criteria which is very narrow does not apply. Meanwhile, I purchased a mattress for $800.00 that I am not able to sleep on because it is very uncomfortable; I am sinking in the middle and I am incurring significant back and neck pain. I am sleeping without a pillow, turning and tossing as I cannot get comfortable. This is unfair to me as a consumer. My girlfriend has a Serta Brava ultra plush mattress and this a very good, structurally sound mattress. What I purchased was a structurally deficient mattress that does not compare to hers. I need to have my mattress replaced or to have my money refunded so I can purchace a good mattress. Thank you for your assistance with resolving this matter."
...
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What Claimant Wants Hide
1. Refund: Replace the mattress or refund cost Oct 09, 2010 $848.00
2. Other – Physical delivery charges Oct 09, 2010 $2.00
Cash total : $850.00
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Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:
  • I disagree with the explanation / grounds provided

    "Ms. Roberts-Samsingh's inspection report clearly states that no defects are found in the mattress. Whatever she may claim was said at time of inspection by the inspector present is heresay, and we do not base any factual claims or data on this.

    We abide by the manufacturer's warranty card and specifically consider only the data provided in the report, provided to us by an independent third-party inspection company.

    Ms. Roberts-Samsingh's report states, "Body Impression
    Description: 1/2" impression in the center". Body impressions are not considered sagging, as they do not measure the required 1.5". Body impressions are normal, and do not constitute replacement of the merchandise."

This claim will remain posted until resolved.

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Do you agree with the respondent’s Response?  (If you are a party to this claim, click here.)
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