underspeck mattress purchased from Mattress Market

underspeck mattress purchased from Mattress Market

June 29, 2006

This is a letter sent to the manager of the store:

June 28, 2006

Mr. Dan Newman, Store Manager

Mattress Market

705 South Market Avenue

Fort Pierce, Florida

Subject: Temperpedic Mattress with Power Base Adjustable Sleep System: Inv#200603429.

Dear Mr. Newman:

The above invoice refers to a Tempur-Ergo Lab-7 bed purchased by our close friends and neighbors Jim & Jane Morgan. They have asked me to help them.

Here’s the situation:

The couple went to your store to find a new bed system for Jim Morgan to use. They went there in person to make sure they would not have any problems or any miscommunications. Your salesman Mr. Frank met the couple and introduced the above bed. The couple asked if the bed would meet his needs, since he is about 350 lbs, 6'’5"” tall and heavy frame person. Mr. Morgan is quite unmistakably a large person. Mr. Frank assured them that it meets the requirements. The Morgans asked for the manufacturer's documentation to assure themselves of the specifications and to find out exactly how much weight this twin size bed can handle. Mr. Frank denied having any such specifications and further that the manual is inside the box. When they asked if they could open the box to find out, Mr. Frank absolutely refused to let them do it.

So your salesman, Mr. Frank finally convinced the Morgans to buy the bed solely and completely on his statement that the bed would meet their requirements. This was a huge mistake the couple made -- trusting your salesman. When Jim took delivery and opened the box and read the manual enclosed, he found out that the bed is only rated for 300 lbs weight. Further, the manual says that once the box is opened, you cannot return the item. Isn't this some sort of misrepresentation, ignorance on the salesman's part, lying about the product's capability, concealment of information vitally needed by the consumers? They trusted your salesman’ to have knowledge of the product. He then forced Morgans into a situation without recourse -- knowing full well that the opened product could not be returned! When Mr. Morgan tried to correct the problem, your company President Mr. Steven Milesec, faxed a letter stating that --- “Mattress Market will honor warranties listed by Tempur-Pedic on the bed set purchased from on 6/10/2006. This will supersede the weight limits set out in the Manufacturers warranty card. ---

But the problem to this letter is that since the manufacturer's warranty is already null and void, then Milesec is in fact honoring nothing! The manufacturer will not stand behind the product! A warranty is only as good as the company behind it, and so far your company's misrepresentations in this sale indicate your word is worthless. What if your company goes out of business in, say, a month! Even if not, there is no guarantee that subsequent management will not change company policies and disavow the actions of Milesec! The Morgans will be out of luck due to your salesman’s incompetent comportment. Even more seriously, what, if the bed frame should give way under Jim's weight and break his back or otherwise injure him?

Since the bed set is still brand new -- and Jim does not want to get hurt -- they wish to have you pick up the entire sale for a full and immediate cash refund. They paid with a debit card so there is no question that your bank account has the full remittance.

If you have another suggestion, and only one that would seriously and honorably remedy this situation, perhaps you could present it.

Please let me know what you think. You may fax your answer 954.961.5sss or email me at Email User

Sincerely,

Nelly

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