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?
2 Answers from Attorneys
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.
It is unlikely the terms of the warranty would allow you to simply return the mattress.
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