Simmons Company San Juan Other Review

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On December 4, 2009 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, 2011 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 RequiresIn 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)

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