On December 4 I bought a Simmons Mattress from a retailer (Mueblerias Berrios in Puerto Rico) among other things. The mattress had a warranty of 10 years. At this moment the mattress has an identation of more than 2 inches in the midle of the mattress, the box spring also has the identation. I complained to Simmons and they sent a technician who confirmed the problem and the damage of the mattress and box spring.
On July 29 I received a letter from Simmons stating that my mattress was not covered by the guaranty because I did not use the foundation stated in the Warranty Card. My mattress is a Queen size and needed a middle support in the foundation. The Claim Number is 491786B. The problem is that THE WARRANTY CARD (that was supposed to come with the mattress plastic cover) WAS NEVER GAVE TO ME BY THE DELIVERY MEN WHEN THE MATTRESS ARRIVED, NOR THE STORE WHERE I BOUGHT THE MATTRESS STATED THE FOUNDATION NEEDED OR TO LOOK FOR THE "WARRANTY CARD" FOR THE SIZE OF THE MATTRESS.
I have herniated disks and the condition of the mattress has aggravated my health. Because of the condition of my spyne I was forced to buy another Simmons mattress from Sears. Specially because Sears gives the warranty themselves and requires from Simmons specific construction to the mattress to qualify to sell it through their stores.
There are Rules from the Federal Trade Ccommission under the The Magnuson-Moss Warranty Act, Section 102 that state the Pre-Sale Availability Rule (16 C.F.R. Part 702) directs how Simmons should make your warranty available before sale. THIS PRE-SALE AVAILABILITY RULE WAS NOT MET BY SIMMONS.
The following is a copy from the ftc internet page
"What the Magnuson-Moss Act Requires
In passing the Magnuson-Moss Warranty Act, Congress specified a number of requirements that warrantors must meet. Congress also directed the FTC to adopt rules to cover other requirements. The FTC adopted three Rules under the Act, the Rule on Disclosure of Written Consumer Product Warranty Terms and Conditions (the Disclosure Rule), the Rule on Pre-Sale Availability of Written Warranty Terms (the Pre-Sale Availability Rule), and the Rule on Informal Dispute Settlement Procedures (the Dispute Resolution Rule).in addition, the FTC has issued an interpretive rule that clarifies certain terms and explains some of the provisions of the Act. This section summarizes all the requirements under the Act and the Rules.
The Act and the Rules establish three basic requirements that may apply to you, either as a warrantor or a seller.
1. As a warrantor, you must designate, or title, your written warranty as either "full" or "limited."
2. As a warrantor, you must state certain specified information about the coverage of your warranty in a single, clear, and easy-to-read document.
3. As a warrantor or a seller, you must ensure that warranties are available where your warranted consumer products are sold so that consumers can read them before buying.
(provided note: this specific point was not met by simmons)
The titling requirement, established by the Act, applies to all written warranties on consumer products costing more than $10. However, the disclosure and pre-sale availability requirements, established by FTC Rules, apply to all written warranties on consumer products costing more than $15. Each of these three general requirements is explained in greater detail in the following chapters."
My Simmons' mattress was sold by $699.00.
IN THAT SAME PAGE THE FTC EXPLAIN "Making Warranties Available Prior to Sale"
"What Manufacturers Must Do
If you are a manufacturer and offer written warranties, you must provide retailers of your product with the warranty materials they will need to meet their requirements as described above. There are any number of ways to do this, including: providing copies of the warranty to be placed in a binder; providing warranty stickers, tags, signs, or posters; or printing the warranty on your product's packaging. As long as you have provided retailers with the warranty materials they need to comply with the rule, you are not legally responsible if they fail to make your warranties available."
Simmons did not honor my warranty or explained how they informed MUEBLERIAS BERRIOS the retailer to inform me as customer about the requirements to install the mattress. They failed to comply with the rules of the ftc.
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