• Report: #359752

Complaint Review: KINGSDOWN & MATTRESS GIANT

  • Submitted: Wed, August 06, 2008
  • Updated: Sat, May 15, 2010

  • Reported By:port charlotte Florida
KINGSDOWN & MATTRESS GIANT
1100 El Jobean Rd. Port Charlotte, Florida U.S.A.

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

*Consumer Comment: UGH!

*Author of original report: response to port charlotte couple

*Consumer Comment: Help, it's happening to us too!

*Author of original report: kingsdown honors warranty

*Author of original report: Good things happen to those who endure!

What's this?
What's this?
What's this?
Is this
Ripoff Report
About you?
Ripoff Report
A business' first
line of defense
on the Internet.
If your business is
willing to make a
commitment to
customer satisfaction
Click here now..

Does your business have a bad reputation?
Fix it the right way.
Corporate Advocacy Program™

SEO Reputation Management at its best!

I purchased an "Elegant" mattress (the best one they make) with boxsprings/frame from the sales representative of Kingsdown, Mattress Giant. I purchased a warranty. Kingsdown is out of Mabane, NC. This "sleeping system" was installed by Mattress Giant. Within a month it becamse evident to us that the mattress was "sagging" in the middle substantially and to the point of not being comfortable.

I informed Mattress Giant about it and requested a warranty claim be made. Several months passed and I called back and was told that "oops" they forgot to make the claim. They advised that they would correct the situation. Many weeks passed and I received a package from Kingsdown. It included a camera, a weighted string and a paper ruler. The instructions were to strip the bed and place the sting across the center and place the ruler in the middle.

To make a long story short Kingsdown makes its "sagging" decisions based upon how the bed appears without weight distribution diagnostics. In my case the mattress is a pillow top and the top layer is resilient and not part of the problem. The failure is obviously in the lower mattress structure. Utilizing a sting across the bed is totally inadequate to test or measure how a mattress performs "under pressure". I wrote a letter and sent the requested information and photos to Kingsdown. Additonally I took my own photos of the differential wieght distribution problem (sagging) and noted that the center sag was in excess of 4".

Kingsdown responded by sending a "mattress marshall" out who advised me that my photos did not turn out. All he did was photo the bed and perform the "string" routine. He was not interested in discussing the weight distribution problem with the bed. A few weeks later my warrenty claim was denied by Kingsdown. The mattress marshall advised that he works full time for a number of mattress manufacturers doing inspections daily. He noticed a "hump" in the middle of the bed and said he would pass it on. (This abnormality is caused by the inner structure failure).

I explianed all this to Mattress Giant and the manager was going to "talk" to his superior about what they can do about it. I have not heard from them. If I get a positive resonse to this from Mattress Giant I will revise this report. Please note that Mattress Giant is an "agent" of Kingsdown when selling their product or warranty, so they are not "off the hook".

In sum, and in consideration of similiar problems, it appears the you can wipe your hindsight with Kingsdown warranty. Their testing performance relys on superficial measurement that is ludicrious at best. They say that your mattress has to be sagging at least 1 1/2 " before it is considered "sagging". Unfortunatly this is nowhere represented in the warranty language of their policy. Therefore their conceptualizations are spurious and random.

Take heart Florida residents (and perhaps other states). Florida is one of the few states that considers Warranties as "insurance" and therefore must abide by the Florida insurance statutes, specifically FL 634.422. First of all, all warranty companies and their representative are required to be "licensed". The grounds for compulsary refusal, suspension, or revokation of license or of sales representaive, two of which are:
1) Willful misrepresentation of any service warranty contract or willful deception...done either in person or by any form of dissemination of informatin or advertising.
2) Demonstrated lack of adequate knowledge and technical competence to engage transaction authorized by the license or appointment.

Obviously Kingdown can lose thier license to sell warranties in the State of
Florida if the above can be demonstrated. Since warranties are considered as "insurance" there is also the queston of punative damages due to "bad-faith".

Speak out America! Stand up! Your not alone. I am going to give Mattress Giant a chance to make things right depite Kingsdown's deception. If they they do I will revise this report. I am really not counting on it however. If they do not, I will file in small claims court locally and challenge them. I will document the sagging pictorially and support it with testimony. I would hire an expert but I know of no "mattress expert" to call. If you know of one please let me know. I will use the above arguments.

Additionally, since I live in Florida, I have made an official complaint to the Department of Insurance and have requested verification of their current licensing. I will keep you informed.

Tom
port charlotte, Florida
U.S.A.


This report was posted on Ripoff Report on 08/06/2008 06:08 AM and is a permanent record located here: http://www.ripoffreport.com/r/KINGSDOWN-MATTRESS-GIANT/Port-Charlotte-Florida-33948/KINGSDOWN-MATTRESS-GIANT-fails-to-honor-warranty-on-sagging-mattress-and-violates-state-359752. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report.

Click Here to read other Ripoff Reports on KINGSDOWN & MATTRESS GIANT

Search for additional reports

If you would like to see more Rip-off Reports on this company/individual, search here:

Search Tips
Report & Rebuttal
Respond to this report!
What's this?
Also a victim?
What's this?
Repair Your Reputation!
What's this?
REBUTTALS & REPLIES:
1Author 4Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

UGH!

AUTHOR: Erin - (United States of America)

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!

Respond to this report!
What's this?

#2 Author of original report

response to port charlotte couple

AUTHOR: Tom - (U.S.A.)

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.
Respond to this report!
What's this?

#3 Consumer Comment

Help, it's happening to us too!

AUTHOR: Erin - (United States of America)

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?
Respond to this report!
What's this?

#4 Author of original report

kingsdown honors warranty

AUTHOR: Tom - (U.S.A.)

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.
Respond to this report!
What's this?

#5 Author of original report

Good things happen to those who endure!

AUTHOR: Tom - (U.S.A.)

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.
Respond to this report!
What's this?
Report & Rebuttal
Respond to this report!
What's this?
Also a victim?
What's this?
Repair Your Reputation!
What's this?
X