Mattress Warranty - if They Charge You a Sanitising Fee, Is It Still a 'Free Repair'?

Lockdude on 18/12/2017 - 15:59

Hi all! How are we with mattress warranty law?

I have a mattress which is under its 5 year warranty and was purchased approximately 3 years ago. Springs have started protruding from the side of the mattress so we asked to claim on our warranty through the original store. We are only being offered a repair, and are told we can not receive a replacement.

I understand under consumer law for minor issues we must accept the offer of a free repair.

We are now being changed an $80 sanitising fee due to a stain on the mattress causing health and safety risks for the repairers. Though I understand why this sanitising is necessary, this no longer seems as though it is a free repair. As such I requested a replacement mattress instead.

I was told the repair is free, but the sanitising is not, and it is required for the free repair. I was further referred to the initial mattress warranty book I received which backs what I am told (though I know this can not sign away my consumer rights).

In my mind, this is not a free repair, however I will of course accept whatever the law dictates on this.

My question is, is this a 'free repair' if the sanitising is necessary and at our expense? Or am I within my right to ask for a replacement mattress if the sanitising can not be performed for free as part of the repair?

Anyone have any idea?

Home & Garden

Comments

  • Switchblade88 on 18/12/2017 - 16:13
    +7

    I'd be siding on the side of the consumer - if the business incurs costs in the process of repairing your mattress, they should have to cover it - if they deem it too expensive (e.g. a phone motherboard replacement), perhaps they should replace the item instead. They can't prove to you, the consumer, that it'll actually cost them $80 for a (probable) $4 can of disinfectant, lol.

    As with any of these consumer rights cases, though, you really need to ask your state's body - e.g. Consumer Affairs, Fair Trading etc. They'll have the authoritative answer, not us. And they'll be the ones to enforce any decision with the affected business if they run you around - especially if it's in their warranty paperwork.

    Still, I'd be interested to know the outcome…

    • Lockdude on 18/12/2017 - 16:15

      Thanks for that. I have contacted the ACCC, but they're very busy this time of year. I am taking the authoritative routes as well, but figured I'd get faster responses on here :) I'll let you know when I get an answer in many months time!

      • SlickMick on 19/12/2017 - 08:39

        Do you still have the mattress? I had this image of you without a bed and the business with a mattress they can't work on until they get your agreement :)

        I think it would be reasonable for the business to expect you to address this stain with health and safety risks. Tell them yep, it's been disinfected, you're good to go.
        Apart from that, what switchblade said.

    • Lockdude on 18/12/2017 - 16:42

      I got onto fair trading NSW. Their advice was a charge should only be associated with a major repair, at which point I have other options at my discretion. However, they're also no liable for any damage caused to the mattress by me (the stain). Either way, it doesn't quite fit any of the categories. So I will have to send them a formal notice, and either negotiate something with them, or make a formal complaint to fair trading… or pay $80.

      • whooah1979 on 18/12/2017 - 16:49

        fair trading NSW.

        nsw fair trading have no powers to force a retailer to overlook an o&h issue. all they can do is ask.

        • Lockdude on 18/12/2017 - 16:54

          Not asking to ignore OH&S, asking them to cover the cost of the repair.

        • whooah1979 on 18/12/2017 - 16:55

          @Lockdude:
          you be surprised how little powers the nsw fair trading has in cases like this.

        • SlickMick on 19/12/2017 - 08:55

          I've never had any joy with them in Qld. In my experience they're useless and a waste of tax dollars. They'll only (very slowly) correspond between 2 parties but don't seem to make decisions.

          It seems if you can't negotiate a good outcome yourself, lawyers are the only solution. Usually it isn't worth the cost, so consumer loses.

        • BertieBrown on 19/12/2017 - 12:16

          @SlickMick: Unfortunately that's the way the law works in Australia. If the buyer and seller can't agree then ultimately it will go to the small claims court, at which point (at least in SA) you can ask for mediation as a first step or it will go before a magistrate who then might make a decision about the case.

          One of the few good things though, I guess (again this applies to SA; or I believe still applies to SA), is that if you represent yourself the buyer cannot engage legal counsel for representation in small claims court (specifically) if they're a big company they've probably got a lawyer on staff potentially anyway who could turn up on their behalf acting as the buyer, but they're supposed to represent themselves. I think the idea here is to not force buyers to have to seek lawyers of small claims, which would end up ridiculous; I.E, spending thousands on lawyers for a broken toaster or something.

          As for Fair Trading, yeah they're very restricted. The one thing they've got going for them is that they're designated to inform both parties of their rights/obligations under relevant law, so if say the seller is very obviously breaching consumer law then they can advise them of their responsibilities, without specifically offering legal advice/threats etc. This might help, in that it might give someone an idea of how well they'd go before a magistrate if they're obviously in the wrong. My understanding is that often magistrates get annoyed with idiots who know they're wrong but waste the courts time anyway.

          I have to say, my own experience has been very mixed. The only times I've had success with Fair Trading is when they dealt with decent companies who were probably always going to the right thing when push came to shove anyway.

          When it comes to dodgy buggers who don't care about their rep or how they deal with buyers, yeah they don't really have much power b/c the seller can just tell them to bugger off. The real power comes from consumer action. Letting other people know about your experience if a seller is being shitty. At the end of the day sellers aren't stupid, they know that if you're dealing with them you're just one consumer and if you don't shop with them anymore, well who cares, but if lots of people are clued in to them being dodge that can have an effect.

          I actually remember one company threatening me with legal action if I posted anything about them on FB, which I never ended up doing but it goes to show how much these companies realise the power of a bad rep for doing the wrong thing. That doesn't mean you can make up shit or threaten people/sellers with FB, it just means that sellers understand that their rep is important.

          The moral of the story? Don't ever rely on Fair Trading. If you're looking to buy something, buy it from a company who is upfront about their return policies, their warranty and their own voluntary warranties. I'm not plugging them but JB HiFi are very upfront about their responsibilities and I've found IKEA have a good returns policy for furniture.

          The other moral of the story is use a mattress protector if you can whenever you can.

  • chumlee on 18/12/2017 - 16:21

    What kind of stain is it? Probably not the stain I'm thinking

    • hell0 on 18/12/2017 - 16:50

      Its the semen of one thousand sea-men

      "http://www.abc.net.au/news/2017-07-23/uss-ronald-reagan-arrival-into-brisbane/8735616"

  • Seraphin7 on 18/12/2017 - 16:21
    +1

    Realistically, you're probably in a bind here. The warranty says you're up for the fee and meanwhile you're without a mattress (or at least suffering a sub-standard one). The mob involved will play this out on this basis on the expectation that you'll fold, regardless of the technicalities.

    That said, is this a "free repair"? Absolutely not. I'd bet that the overwhelming majority of mattresses in similar circumstances are subject to this "sanitisation fee" which is likely to be nothing more than a quick spray with the industrial version of Glen 20. There is no doubt this is there to recoup the costs of the repair.

  • hell0 on 18/12/2017 - 16:24
    +4

    I would pay the $80 sanitation fee as you have to make sure that the item is safe.

    ie. if your phone screen broke but Apple didn't want to take it back as there was a smear of poo on the screen as you went to the toilet and took your phone with you whilst waiting for the appointment, why would they take your stained phone without charging a wiping fee.

    • Lockdude on 18/12/2017 - 16:35
      +2

      Honestly, this is a good point. And one I hadn't considered. I guess I would make a more similar comparison to having ear-wax on your phone instead of poo though. I mean a mattress naturally accumulates this stuff right? A phone shouldn't naturally accumulate poop.

      Mind you, I still think that was a good point, I'm not sure it 100% applies here though, but still a good point.

    • outlander on 18/12/2017 - 16:46
      +13

      Dude. If you can't use a phone without getting poo on it you need to reevaluate how you live your life

      • SlickMick on 19/12/2017 - 09:03

        honestly, where did that example come from!!??

    • SlickMick on 19/12/2017 - 09:11

      I witnessed an interesting case at the returns counter of a department store. The customer wanted a refund on a toasted sandwich maker because food stuck to it. The store wouldn't take it back because it was disgusting.

      • hell0 on 19/12/2017 - 10:33
        +1

        That reminds me of this scene which is similar to what you may have seen and described :
        https://youtu.be/Ejl3_mK2t6c?t=264

        • outlander on 19/12/2017 - 13:42

          That show looks really funny. Thank you for bringing it to my attention

  • misterpotatomato on 18/12/2017 - 16:35
    +4

    It's not a free repair, and if its a major failure, you are entitled to a replacement, refund, or repair, at your discretion. The major failure is defined as, if you knew it was going to happen, you wouldn't have bought the product.

    The stain - if the mattress hadn't of broken (if it had been of acceptable quality) you wouldnt be in this situation. Don't pay for the clean.

    • Lockdude on 18/12/2017 - 16:40
      +2

      This is a great point. Stain is natural wear and tear. Had the mattress been of an acceptable quality I would not have needed it sanitised.

  • whooah1979 on 18/12/2017 - 16:36

    was purchased approximately 3 years ago.
    We are now being changed an $80 sanitising fee due to a stain on the mattress

    the stains are wear and tear due to the items age, which is normally not covered by consumer guarantees.

    you can hire a professional cleaner or a britex wet & dry cleaner from bunnings for $39 + chemicals. https://www.bunnings.com.au/for-hire-britex-carpet-cleaner-2…

    • Lockdude on 18/12/2017 - 16:39
      +1

      The thing is, I'm not asking them to repair the stain. I'm asking them to repair the springs they are sticking 5cm out of the side of the bed.

      • whooah1979 on 18/12/2017 - 16:40

        I'm not asking them to repair the stain.

        then you can diy clean the stain.

        • Lockdude on 18/12/2017 - 16:41

          I don't need the stain fixed, that is natural wear and tear. Springs protruding from the mattress isn't.

        • whooah1979 on 18/12/2017 - 16:47

          @Lockdude:

          I don't need the stain fixed,

          the stains has been identified by either the retailer or the service centre as a health risk, and yet you don't want it taken care of (by the retailer or diy). are you not all that concerned for the health of person that will use the mattress?

        • Lockdude on 18/12/2017 - 16:49

          @whooah1979: I don't think the stain is a risk. Though I take your point. I think the stain is suitable for me to use and touch the product, I do not think the stain needs repair. Again, if the mattress was of sufficient quality, it wouldn't need cleaning because there'd be no initial issue. I understand what you're saying though, and it's a good point. I'm still not convinced I should be liable for that cost, though.

        • whooah1979 on 18/12/2017 - 16:52

          @Lockdude:

          in that case, just spray some bleach on it. rub the stain until the discolour is gone.

        • Ughhh on 18/12/2017 - 17:38

          @Lockdude:

          I don't need the stain fixed

          The purpose isn't to fix the stain, but rather to provide a safe working environment for the repairers.

          However, We don't know how bad the stain is to make a judgement on whether it is a scam or a reasonable cost.

  • Adz81 on 18/12/2017 - 16:54

    Jesus Christ… Yes it's still a free repair… Them asking you to sanitise (at your cost) your mattress prior to commencing work on it is absolutely reasonable.

    Hell… I know the condition of my mattress, and the source of MOST of the stains on it, and I'll be stuffed if I'd expect anyone else to work on it without sanitising it… Hell… I'd be hesitant to work on the internals of it without a good sanitising… And I'd happily pay the $80 if it meant my mattress was going to come back clean and repaired.

    • camtron47 on 18/12/2017 - 17:05
      +5

      You make it sound like every mattress being repaired should be sanitised. How do we know they just don't sanitise every mattress anyway, if it's such a health concern? Perhaps they should charge everyone $80. Or better yet, charge no one the extra fee and bundle it into the warranty cost instead.

      • Adz81 on 18/12/2017 - 17:45
        +1

        You make it sound like working on absorbent material full of (at best) a stranger's dirt, sweat and dead skin cells is nothing to worry about.

        And yes, I'd expect they charge $80 to sanitise each mattress.

      • SlickMick on 19/12/2017 - 09:18

        Seems to me they have a dodgy product and know they can get around warranty by charging $80 for a repair.

        If that was clear to me upfront, I wouldn't have bought the product. Is it worth spending $80 to have it repaired? How often is this going to happen?

        • Adz81 on 19/12/2017 - 13:16

          "…I was further referred to the initial mattress warranty book I received which backs what I am told…"

          It was made clear upfront.

    • SlickMick on 19/12/2017 - 09:14

      Why don't you send your mattress out for an $80 sanitation if it would make you happy?

      • Adz81 on 19/12/2017 - 13:19

        Fcking LOL…

        "Why don't you send your mattress out…"

        Way to take me back to the school yard at the good old age of 10.

        Oh, yeah?! Well, why don't YOU send your mattress out for an $80 sanitation?

        I won't because my happiness is not tied to my mattress, and by the time a sanitation for repair work is required, I'll be upgrading. But excellent suggestion just the same, way to give it a go.

  • chumlee on 18/12/2017 - 17:24
    +5

    Gloves and mask should fix the OH&S issue. Not like it's asbestos

    • Adz81 on 18/12/2017 - 17:50

      Yeah, I'd have thought the potential bodily fluids might require a little more than the gloves and mask… From the OH&S side, they could argue that "Eliminating" the potential hazard (by sanitising the mattress) is a much better approach than the "PPE" option of gloves and a mask, thus making for safer, happier workers etc…

      To me it seems like a reasonable thing… but then, as I said above, I'm able to identify the stains on my mattress and would expect anyone working on it to have it sanitised… So if I would expect that for my mattress, I'd expect it for all of them.

      • SlickMick on 19/12/2017 - 09:20

        For a product like this, it prob should be a standard part of the return process and I suspect it is, just the wrong party paying for it.

      • Rayve on 19/12/2017 - 15:09

        The 'risk' from a stain on a mattress is extremely low to zero. One does not get infected by simply being near a stain or otherwise every single person who comes near a hospital would be automagically infected as well.

        I find this whole 'We had to sanitise it' thing to be a rort. I was once charged $120 to 'disinfect' my car after I had it towed when someone ran into me while I was parked. The 'disinfection', I later found out, consisted of removing a sealed plastic bag carrying a dirty nappy from when we had changed my daughter that morning.

        A simple pair of gloves would protect anyone working on a mattress - cost a few cents. Germs are not simply going to fly across thje air and infect people. I thought the whole idea of miasma causing illness died out when we the germ theory of disease was accepted but I guess not everyone understands this.

  • garetz on 18/12/2017 - 17:49

    How much did the mattress cost when you bought it, if its less than 10% i would just pay the $80, not only do you get the mattress fixed, but you get the stain removed, so its a win/win.

    However if you are adamant on not paying the $80, then you will need to quote your consumer guarantee, and threaten them with action through the accc. Fair trading is not going to help you in this case.

  • try2bhelpful on 18/12/2017 - 17:56
    +3

    I'd pay the $80 and get your mattress back repaired and cleaned. Personally, I wouldn't be happy working on a stained mattress either. Who knows what caused that stain - and all the options are just ick.

    You are lucky they aren't saying the mattress springs are wear and tear as well, especially given the stain :)

  • AdosHouse on 18/12/2017 - 18:31

    Yeah I'd just pay the $80. Its probably full something like a full steam clean, since just spraying it with something like Glen20 or whatever has been suggested above, would exactly clean out the material deeper inside.

    Hell, the mattress will probably come back cleaner and smelling better. And honestly, a nice deep clean is something I would do ever couple of years for my mattresses.

    If you are wondering exactly what the $80 is for, ask them. Ask them exactly what is involved in the clean, I'm sure they will tell you.

  • ShannonN on 18/12/2017 - 20:00
    +2

    I'd be thinking to ask the repairer for a photo of the stain then pay the 80 when the mattress is repaired and returned if the stain is still present say they have NOT sanitized it and demand a refund of the eighty if its gone fair enough Just trying to give you a slight out.

    However if a 3 yr old mattress (I assume was expensive (1000 plus)has springs 4 cm outside Id demand a replacement as its shoddy materials in my pov.

    Also you do not mention any pickup and delivery fees, so that's a bonus

  • marquise on 18/12/2017 - 22:15
    +1

    Don't worry, karma will be repaid. One day a brothel owner will claim a warranty repair for a stain-free mattress.

  • lainey13 on 18/12/2017 - 22:43
    +2

    Jeez, so your stain requires a fee, but an apparently 'stain-less' mattress that would be absolutely covered in dust mites, skin, or so stained everywhere the whole thing is a solid color would be completely fine? Huh.

  • ptw12345 on 19/12/2017 - 09:28
    +2

    How much did you buy? And where so i can avoid this shop?

  • lysp on 27/12/2017 - 20:43

    I would class springs coming out the side as a "major repair".

    The question is would you have purchased this mattress knowing that the springs would pop out the side after 3 years? If the answer is no - then that's your argument.

    Ask for a replacement/refund.

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