Q: Four years ago I purchased a mattress from a local trader. The stitching on one side of the mattress is becoming loose and due to this the mattress is practically collapsing.
When I reported the defect to the trader, supporting my claim with photos of the mattress, he replied that the defect was caused by mishandling and is therefore not covered by the mattress’ warranty.
The warranty states that every month the mattress must be turned/repositioned as per the label instructions. I assured the seller that I always turned the mattress as per instructions.
I would like to know if since I still have a valid warranty whether I can insist with the seller to fix or replace the damaged mattress free of charge?
A: Since the two-year legal guarantee has now expired, your purchase is now only protected by the warranty given to you by the seller. If the guarantee specifically excludes damages to the mattress caused by mishandling and the trader can prove that the damage the mattress has could only be caused by mishandling, then you are not entitled to a free repair or replacement.
On the other hand, if you are sure that you did not cause the damage to the mattress you may insist with the trader to provide you with a free remedy as per the commercial guarantee. If the seller then rejects your claim, you can then lodge a complaint with the Office for Consumer Affairs.
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