Looking for a similar bed frame?

Should the warranty cover this bed? They said...?

• That because the metal in the box spring are not broken just bent it means that the bed wasn't used properly. I bought a kind size bed in at the end of July 2010 the end of august I started taking online classes and would stay up late sitting on the bed doing homework. After just a couple months of this I noticed the bed started to indent or sag. Once it got even worse I called the company since we have a 10 year warranty as long as the sag is so deep which the bed is. I weighed 230 at the time and I know its heavy but it shouldn't have ruined the bed. I now sleep on the other side and sit and do the exact same and it has not sagged one bit. The box spring and the mattress is sagged in when I looked at the box spring wires they are all bend on the side ruined the warrenty center said unless the wires were broken apart it was our fault which is not covered and last night i was looking under the bed and the middle wheels to help hold it up one is starting to bend. This happened to our 1st frame the day we got the bed and went and exchanged it same day but I cannot stand this bed. I am embarrassed to say ok well i am fat so thats probably what did it too the bed but then wouldnt the same thing happen on the other side? Should I just call them again and explain this?

• Answer:

  You will probably have a case if you were the one who personally bought the bed or if the bed was bought by someone who informed the salesperson of the fact that the bed is to be used by someone of your stature. If not, your case will not be as strong because your weight is not reasonably normal. (Reasonably, sitting on a bed should constitute as normal use.) For the sale of any good, the good has to be fit for purpose and be of reasonable quality. Clearly, if the salesperson was reasonably informed (by conduct or verbal communication) that the bed is for your purpose, the good would have failed to be fit for purpose and be of reasonable quality, as sagging and bent parts are clear signs of the lack of quality. To clarify, your contract of sale would have been made with the retailer that the salesperson was representing, and not with the manufacturer. Therefore, you should be contacting the retailer and do put forth the above reasons. If the retailer does not provide a satisfactory remedy for you, you should be able to file your case at a small claims court and receive a suitable remedy. Personally i'd just like to say that sometimes it will be kinder to settle for a compromise (eg. receiving a partial refund) instead of seeking for your full legal right.