Sagging Silentnight, No Turn, Single Mattress

[MichaelKnight]

During August 2018, I convinced my elderly Father to buy a reputable brand mattress, rather than the usual cheapest own brand mattress available; thus, opting for the Silentnight, No Turn, 600 Pocket Sprung, Single Mattress; mainly as it was covered by a Manufacturers 5 years Guarantee.

 

The mattress was bought using my Credit Card.

 

However, although the mattress is still under the Manufacturers Guarantee; I’m a little unsure which is the best route to pursue.

 

The mattress is only 2 years old and although its been rotated regularly, it has developed a significant indentation to one side; so much so, my Father is unable to sleep on it. 

 

The own brand mattresses have actually served my Father well, lasting much longer than 2 years; with the most recent mattress being purchased in February 2012 and was only replaced because it started to look grubby.

 

As the Silentnight Mattress has started to sag within 2 years; in my opinion, it’s not fit for its intended purpose; especially as mattresses I’ve bought in the past have always lasted well over 10 years before having to be replaced.

 

Also, Mattress Retailers imply, that a mattress should be replaced every 8 years; with such a statement even featuring within a UK TV commercial;  I assume this refers to double mattresses, which are more than likely used for additional activities other than sleeping.

 

The Silentnight Mattress bought for my elderly Father, has only ever been used for sleeping on; therefore, it should last longer than the implied 8 years before it requires to be replaced.

 

Also, the own brand mattresses bought in the past, have all lasted far longer than 8 years before being replaced.

 

However, I’ve recently discovered that although the Silentnight Mattress clearly stated it was covered by a Manufacturers 5 year Guarantee when purchased; it’s actually only covered by a 3 year Guarantee.

 

Therefore, I believe it was mis-sold; I would never have recommended it to my Father, at such a cost, knowing it was only covered by a 3 year Guarantee.

 

It was the reputable brand and 5 year Guarantee which provided the assurance to buy it. 

 

The Silentnight Mattress is currently listed on-line, from the same Retailer and still states it has a 5 year Guarantee: although a reply from the Retailer, in response to a question posted by a Purchaser during February 2020; confirms it’s only covered by a Manufacturers 3 year Guarantee.

 

When purchased, I captured a dated screenshot photo of the description of the mattress; which clearly show a Manufacturers 5 year Guarantee was stated.

 

I’ve also captured recent dated screenshots of the reply to the Purchaser’s question, as well as the current description displayed on-line.

 

Therefore, which is my best course of action ?

 

Do I contact the Retailer in regard to:

 

• Mis-selling, due to its 3 year Guarantee rather than 5 ?

 

• Due to the mattress sagging within 2 years of purchase; thus, it’s not fit for its intended purpose, as my Father can no longer sleep on it  comfortably ?

 

Or

 

Do I contact the Manufacturer, irregardless of the length of the Guarantee remaining; stating that due to the sagging, the mattress is not fit for its intended purpose and not of merchantable quality ?

 

 

I intend to pursue a full refund; as in my opinion, it’s not acceptable that partial refunds are offered due to usage; after all, if it was constructed correctly in the first place, then I wouldn’t be making such a claim; also a buyer should be compensated for the inconvenience. 

[BankFodder]

Pursue the supplier on the basis but it is not of satisfactory quality and also that it is not as described because it only has a 3-year guarantee rather than the five year guarantee.

 

Start off by writing to the seller and asking them to replace the mattress or refund the new value.

be aware that although you may want a full refund, if you have had two years use out of it then you may only get a proportional refund based on a deduction of 2 years from the expected life of the mattress which as you suggest could reasonably be 8-years.

 

 

What does your father weigh?

Edited August 16, 2020 by BankFodder
Typo

[MichaelKnight]

My Father weighs 8.4st and is around 5.4ft tall now; he’s 96 years old.

What do you mean by, asking them to replace the mattress s42 refund the new value ?  
 

However, you believe I direct my complaint to the Retailer ?
 

I know my contract is with the Retailer rather than the manufacturer but as it’s a manufacturing defect, i was unsure which route to pursue.
 

In regard to partial refunds and taking into account, 2 years usage; is this a legal precedent or just an accepted resolve  ?

[BankFodder]

Retailer.

It's an established legal principle but go for full refund and reserve pro rata refund as acceptable fallback position

 

[MichaelKnight]

I’m sorry for my ignorance but what does “ reserve pro rata refund “ mean ?

 

Do you mean pursue a full refund but accept a partial refund if offered ?