who's wrong or right? (1 Viewer)

[haganap]

Ok bare with me.

I purchased a new mattress for my MH at the NEC show. I was given several to lay on and try at the show in various price ranges and comfort ranges.

In the end I opted for one priced at £500 and 8 inches thick 100 sprung.

The company state that they are experts in the industry and are experts at solving some of the issues that arrise.
When I got the Mattress the first thing that struck me was how big it was and how heavy it was. So heavy in fact that I had to ask two builders here doing a job for me to help get it in the van. Having got it in the van I placed it on to my bed (french bed) took a huge sigh of relief and collapsed on it.
Now the matress is a might fine bit of equipment and is really comfortable.
However,
I can no longer lift the bed due to the sheer weight of the thing. Also having lifted the bed I can't get underneath it without of course having it collapse on me. On top of this the mattress is so thick the bed won't lift on its normal trajectory..

I have asked the company for a refund on the basis that the mattress is not fit for purpose due to it's weight and size making elements of using it in the motorhome redundant.

Your the judge, where do I stand? paid by credit card and my gripe is that being the company are "experts in the industry" they should have made me aware of the pitfulls and sent me in the direction of a thinner less weighty mattress

 

[Yorick]

A product should be fit for purpose according to Sale of Goods act

And it's a legal thingy to 'Rely on seller's skill and judgment'

 

[pappajohn]

"experts in the industry"

And you believed them....


Did they say which industry....mattresses or motorhomes or both.

In my opinion Paul, they aren't to blame for the problems.
You should have realised before even fitting it that it was considerably deeper and heavier than it should have been.
The goods supplied are fit for purpose, just not the one you are putting it to.

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[Puddleduck]

The goods supplied are fit for purpose, just not the one you are putting it to.

But Paul wanted the mattress for the motorhome. That would have been part of the contract and Paul would have said it was for the motorhome .... and so the goods supplied had to be suitable for use in his motorhome - which isn't the case so I think he has a right to reject.

Do you have legal cover on any of your insurance Paul @haganap ? Might be worth getting the advice line a call if so.

 

[Wildbill]

Nothing I can say will ease your pain @haganap did you explain to them it was for a non fixed bed if so you may have a leg to stand on but you have now to prove you expland this to them
Bill

 

[pappajohn]

But Paul wanted the mattress for the motorhome. That would have been part of the contract and Paul would have said it was for the motorhome .... and so the goods supplied had to be suitable for use in his motorhome - which isn't the case so I think he has a right to reject.

Do you have legal cover on any of your insurance Paul @haganap ? Might be worth getting the advice line a call if so.

BUT......did Paul stipulate a maximum weight and depth for the mattress.
I'm sure the suppliers can't, and don't, have specifications for EVERY van on the road so without specific instructions how can they provide a 'fit for purpose' mattress.

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[Wildbill]

If you don't get a satisfactory out com I will send one of the boys round https://goo.gl/images/tKfz6q

 

[DavidG58]

just sell the motorhome Paul move on

maybe less chance to a funster now though

 

[TheBig1]

if it takes 2 strong men to lift it into your van it is not suitable for a motorhome due to payload and will be too heavy for the gas rams to hold up. you have a good case for rejection

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[jdk62]

I’ll ask The Beauty Terrorist..... cos I’m always wrong and she’s always right.....

 

[Kool Kroozer]

Suppose it all hangs on the basis of if you told them it would be for a non fixed bed and would have to be lifted up from time to time.

 

[Riverbankannie]

I believe that if they claim to be experts, they should have asked the question about your layout and if it was a lift up bed.
Is there anything in their documentation about dos and don’t s of using it?

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[tonyidle]

I would have thought that the majority of fixed beds are lift up? Though I haven't as yet got one.

 

[Paul an Jane MK]

Sadly, I was very disappointed regarding your level of security in law when dealing with an expert.

I paid a deposit on a used car and part of deal was they would service it, I then discovered before picking it up it was overdue a cam belt change. On advising garage they said we do not replace cam belts so my response was you are selling a potentially dangerous vehicle but they weren’t interested.

Consulted with specialist Solicitor who said if car blew up within a reasonable amount of time I could sue them due to lack of durability of product but regarding expertise you would have limited recourse unless you said you wanted a car for a timid learner driver and they sold you a Ferrari.

I was very disappointed as I really thought you got more protection than that in the eyes of the law.

 

[canopus]

Thought you'd flogged your Rapido?

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[Podney]

Caveat Emptor

 

[andy63]

Paul.. much as I'd like to say you have some comeback on them I doubt it... if they had really been expert in the field as you say then they should have had the experience to warn you of potential problems but at the end of the day I think it would be your responsibility to ensure what you were buying was suitabe. ... unless you signed something that made specific mention of your type model of van etc..
That'' my thoughts.
Andy.

 

[rosalan]

Just a thought Paul. The gas rams come in a variety of strengths. Perhaps you could look into getting stronger units. http://www.gasstruts.co.uk/
Good luck.

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[haganap]

And you believed them....


Did they say which industry....mattresses or motorhomes or both.

In my opinion Paul, they aren't to blame for the problems.
You should have realised before even fitting it that it was considerably deeper and heavier than it should have been.
The goods supplied are fit for purpose, just not the one you are putting it to.

Yep, except they suggested to me 8 inches was better, Nikki wanted the 4 inch one ... nothing new there I know you will say..... but they had it on the go before the ink had dried.

Nothing I can say will ease your pain @haganap did you explain to them it was for a non fixed bed if so you may have a leg to stand on but you have now to prove you expland this to them
Bill

They knew what bed it was for Bill, they have a template, although they got it wrong and I had to redo before production....

just sell the motorhome Paul move on

maybe less chance to a funster now though

Haha, If I could find one David I would...
here's my criteria, must be a Merc, Must be an Auto, Must be newer than I have and less miles, (2009) must have quality attached to it and not laminated MDF that most are built with nowadays, have a garage and a long seated lounge that I can entertain the fanclub in. can I find one? nope, last one fell through

if it takes 2 strong men to lift it into your van it is not suitable for a motorhome due to payload and will be too heavy for the gas rams to hold up. you have a good case for rejection

this is my thoughts, they should have given an indication of the weight if they were "alleged experts" I had no idea a mattress could weigh so much really no idea.

I’ll ask The Beauty Terrorist..... cos I’m always wrong and she’s always right.....

let me know, We must have the same Beauty therapist.

Suppose it all hangs on the basis of if you told them it would be for a non fixed bed and would have to be lifted up from time to time.

Again they knew, they had the "template" allegedly

I believe that if they claim to be experts, they should have asked the question about your layout and if it was a lift up bed.
Is there anything in their documentation about dos and don’t s of using it?

no not that I could see but I think I am the same as you, they should have made me aware, they are the experts.

I would have thought that the majority of fixed beds are lift up? Though I haven't as yet got one.

yes they are, I know they are, but I don't know how much mattresses weigh...

Thought you'd flogged your Rapido?

No Ken, been looking in to it, but one fell through, not found anything yet... Hope Linda's doing alright.

Caveat Emptor

Yeah, thanks, probably what I thought to be honest (although I had to google it ) But I did ask if it was suitable for my wagon and was told "hell yeah".

 

[DavidG58]

"hell yeah".

sue them Paul just for that alone, bloody salesmen

want to buy a used Merc Hymer, full service history, all known faults fixed, one careful driver plus Bev for a few miles

smallest lounge you will ever see in a 8.2m MH

but it has got a proper fixed bed that would love to have your mattress

 

[Wildbill]

@haganap do you want'a me to send'a in'a one'a of the boys'a

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[Riverbankannie]

Caveat Emptor

Only if buying something privately surely.
Not if dealing with established manufacturer and self proclaimed expert.

 

[Minxy]

I think a lot will depend on what you were able to test and see at the show ... if they didn't have an equivalent 8" one of a simlar size/shape then you could claim you had no way of knowing the true size/weight of it before purchase, but if you did then I don't think you'll be able to get it refunded as you had the opportunity to see their wares beforehand.

 

[haganap]

I think a lot will depend on what you were able to test and see at the show ... if they didn't have an equivalent 8" one of a simlar size/shape then you could claim you had no way of knowing the true size/weight of it before purchase, but if you did then I don't think you'll be able to get it refunded as you had the opportunity to see their wares beforehand.

no there was no 8 inch mattress to lay on, there was no even similar shape to try out.

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[Jim]

Paul, if you got it from Beds R Us or similar I'd say you've made your bed now lie in it, But they were at a motorhome show and they sold you a bed for your motorhome. Sounds like its not suitable for a Motorhome. You should have been warned about the considerable weight increase over a normal motorhome bed. My opinion, money back

 

[Minxy]

no there was no 8 inch mattress to lay on, there was no even similar shape to try out.

In which case this could work in your favour, if you weren't able to see the 'goods' as it were and they didn't tell you I should think you'd have a case for rejection. See if you can get your credit card company involved!

 

[haganap]

In which case this could work in your favour, if you weren't able to see the 'goods' as it were and they didn't tell you I should think you'd have a case for rejection. See if you can get your credit card company involved!

yes I've wrote to the compnay and am awaiting their reply, but yes I have informed them I have paid by CC and will involve them.

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[pappajohn]

yes I've wrote to the compnay and am awaiting their reply, but yes I have informed them I have paid by CC and will involve them.

Sounds like it was made to order......don't hold your breath waiting for a satisfactory reply.
made/cut to order goods usually carry a non return clause in the purchase agreement, unless there's a manufacturing defect.

 

[Yorick]

Caveat Emptor

That's a well known saying. But nothing in law.

 

[CazPaul]

Should be a refund, its ridiculous selling that heavy mattress at motorhome shows, they are for houses.
Not fit for intended use.

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