Legal Question in Business Law in Georgia

Have a 13 year old mattresses that is loosing its support. Sears return policy has changed but I have the receipt that states 100% satisfaction guaranteed and is states a 25 year warranty. Should I expect a refund?


Asked on 2/29/16, 3:26 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Legally and practically, if you were to go to court and argue that a 13 year old mattress is no longer satisfying you (given that 8 years is about as long as the best mattresses really last), I suspect a court would apply a reasonable man standard and say you would be unreasonable, or, at best, they'd prorate a refund so you'd get a small fraction of the original price. However, a warranty is a warranty, and they shoud honor whatever the warranty says. We don't have the exact language but most mattress warranties have language that define what is a failure and will usually give you either a replacement or a discount. Any Sears employee can likely arrange that, and they likely will inspect the mattress first.

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Answered on 2/29/16, 6:28 pm
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

It is unlikely the terms of the warranty would allow you to simply return the mattress.

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Answered on 3/01/16, 11:09 am


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