KINGSDOWN & MATTRESS GIANT fails to honor warranty on sagging mattress and violates state statutes Port Charlotte Florida

That is so frustrating to hear that your replacement mattress is sagging too.  I don't even sleep in our master bedroom anymore.  I have to sleep in our guest bedroom because we have a firm matress in there.  I'm so frustrated that we spent $2100 on a mattress I don't sleep in.  Mattress Giant said that if I was a apporved for the warranty (which I'm sure I won't be) we could get a different mattress from their store.  Apparently that is not true.  The sad fact is my husband and I don't have another $2100 to throw away on a bed.  We just feel so stupid. 

Thank you for your advice!

I Am responding to the Port Charlotte couple with mattress sagging. One year might be too late.....The contract gives a specific time frame to file.  Just to let you know  my replacment mattress does the same thing...it sags.  There is apparently an inherent defect with this mattress.  Even if you got a new one it would not help.  You would have to go legal battle with them.  I tis up to you if it is worth it.

My husband and I bought the same matress you're speaking of one year ago.  We have huge/deep indentions on both sides of our bed.  We just got our kit in the mail and I can gaurantee putting their ruler on our matress will not show the indentions.  We can't even sit on our bed in sinks so much.  What do you suggest we do?

It would not be fair unless I ended this report by saying that Kingdown did honor its manufacturer's warranty. It did take some effort on my part. My opinions have not changed as stated above however. Bottom line is that is company cares about its product and its reputation. I love my Kingdown bed. Good night.

Good news for a change. I got a new mattress. I will tell you how to do it after I update the mistakes I made in my original report. Firstly the Kingsdown warranty is a manufacturer's warranty and no additional money is paid for it therefore, in Florida or any other state that considers a warranty as "insurance" and therfore regulated like insurance, there are no formal penalties for breach of warranty. However all state except louisiana have adopted the Uniform Commercial Code (UCC) and all sellers and manufacturer, under law, sustain an implied warranty, which can be enforced int he courts. The implied warranty is a way to get the seller invovled in the complaint. Kingsdown offers an expressed warranty. However both implied and expressed warrenties hold the same weight. Most sellers try to express a "disclaimer" of implied warranties, which is legal, in their sales paperwork. There is a real big "hitch" here for the cosumer. I will explian later.

Here is how to get justice. First of all no not give up. Secondly do not give up. Thirdly you have to have a legitimate defect in your mattress. Kingsdown cope outs, and expressed in their warrenty, is that they do not cover "body impressions" (whatever that is). And your mattress and to be clean. This is a reasonable request unless one day you accidently spill red wine on it two days before the end of the warranty. But that is another matter. If you believe that your mattress has failed and you have taken some time to write an intelligent letter outlining why it has failed, e.g. disproportionate weight distribution, or the like, send it, along with the rest of Kingsdown "mattress sagging" kit, to Kingsdown. I was told that the "mattress sagging" philosophy of Kingsdown is a 1 1/2" sig in the middle of the mattress WITHOUT WEIGHT PRESSURE being applied. (This is not defined in the warranty). This is what the "mattress marshal" will measure and in my case and perhps yours, the mattress did not sag UNTIL SOMEONE LAID ON IT! Therefore the Kingsdown method of measuring mattress sag is absurd and deficient. This is what I claimed to the warranty department. My criticism apparently went beyond normal lament and they sent a sales rep from Kindsdown. This is want you want to happen. My sales rep was a great guy and intelligent too. He really wants a good reputation for his "employee owned" company and he agreed that my mattress was indeed sagging in the middle!!! He told me that Kngsdown has only a 1% warrenty problem when thte rest of the bed makers are closer to 10%. I do not know if I believe this but his report got me a new mattress. I called Mattress Giant to advise them that my Mattress warranty was denied originally and the left me "without choice" as to my next move. There is no need to become threatening, but my subtle inuendos got the picture across to them that they were going to be named in a small claims suit. If they had to hire an attorney to rep them it would cost them more money that the cost of the mattress.....so they got ahold of the manufacturer, Kingsdown, and a rep was sent out to see if they had a good case to defend or not. If I had to go to small calims court I would have and i would have names both seller and manufacturer. When the Mattress Giant attorney tryed to argue that they had a "disclaimer" on their sales receipt, (which they did have on the back side of the sales receipt) I would argue the two main ways to DEFEAT a disclaimer of warranty (which appears on most every sales receipt). The first is that their disclaimer is not "conspicuous" which is a requirement of the UCC. The disclaimer was on the back of the sales receipt and there was only a small line 3/4 the way down the front page saying disclaimer on back. Secondly I would argue that the "disclaimer" did not apply since it was not part of the sales contract. Disclaimer was not mentioned or discussed during the sale. Only after the sale and I was handed a sales receipt did it become evident, if you noticed the inconspicuous disclaimer. If the disclaimer is not part of the contract then it does not apply and the seller si subject to the UCC rules of "implied" warrenty. A third way is to argue that Mattress Giant utilizes the Kingsdown Trademark to as to state an expressed warranty along with Kingsdown. But this argument will not be needed since you will win with the frist two arguments against the seller. Kingdown, as co-defendent, will be subject to your "proof" of damages as stated above.

Conclusion: Don't complain unless you have a real demonsterable physical problem with your mattress. Comfort levels are not considered unde warranty. When you first buy a bed from Mattress Giant they give you 30-60 days to try it out and you can take in back for another if you do not like it. Be awarre of your sleep comfort the first 6 weeks. Reserch your rights under UCC and comon law (noted above). Do not be afraid of going to court. Be courtious and knowledgeable. If you do all this you will be a winner no matter what the outcome is. Kingdown is big company and they get alot of warranty problems......you just need to stand out and be persistent.