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Consumer Affairs

Mattress Stains Shouldn't Void Warranty, Lawsuit Alleges

Ohio man says Sealy refused to replace his defective mattress


photoSealy doesn't stand by its guarantee for new mattresses, a class action claims in Federal Court. 

In his suit, Adam Savett of Solon, Ohio, notes that Sealy written warranty guarantees a refund, replacement or repair of the mattress or box spring if the products develop certain defects during normal use. Listed defects include “unnatural sagging” and “body indentations” of 1.5 inches or more.

Savett says he complained to Sealy about indentations in his mattress and an inspector agreed that the condition existed. However, the inspector also noted the presence of “minor stains” and Sealy refused to grant a refund or repair.

Sealy’s warranty states that it does not cover “products found to be in an “Unreasonably Unsanitary Condition,” but either does not define this term (in warranties for products purchased before 2008) or describes this condition (in warranties for bedding products purchased after 2008) as being “so pervasively soiled that an inspector is unable to conduct an appropriate inspection of the condition of the product without being exposed to potentially dangerous bodily fluids, blood borne pathogens, or other substances that could cause significant injury.”

Savett contends that the minor stains on his mattress hardly presented a hazard to healthh and should not have disqualified him for the remedies promised in the warranty. He claims that “thousands” of consumers have been denied refunds and repairs under similar circumstances.

Savett says he bought the mattress for $2,369 in 2009. With delivery and set-up fees, the total cost came to $2,606.

 

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