Complaint Review: Sears Department Stores - Hoffman Estates Illinois

On April 10, 2010, I purchased a Sealy Posturepedic Midnight Serenade firm pillow top mattress & box spring set (model #505592) on sale from Sears in Garden City, New York. It was delivered on April 20, 2010.  Two months later (June 26, 2010), the side of the bed collapsed, causing my grandson to fall out of bed, bruising his face so badly that it warranted a visit to the pediatrician.
       
Initially, I went to the Sealy website to submit a warranty claim. It stated that the warranty would be through the store I purchased it from. I went back to Sears, only to be told that they cant help me and that I must call  1-800-549-6178. I went home and called that number. I was originally told that I must submit six photographs, showing specific problems. They suggested that I pay $50.00 to an independent firm to verify the problem. I complied by emailing the photos that they requested. Additionally, I sent photos of my grandson sitting on the bed and myself sitting and laying on the bed to demonstrate how badly the bed sagged. These photos were necessary because without any weight on the bed, it only appeared to sag slightly. Sears responded by saying that Sealy does not recommend sitting on the edge of the bed and that I had in fact, abused and damaged the bed in doing so. I responded by telling them that this was the only time I sat on the bed to demonstrate the severity of the issue. Besides, how does one get in and out of a bed without sitting on it first? Furthermore, The description of this mattress on Sears website states, Unicased XT Edge Support - our best edge system - forms a solid perimeter around the bed to provide a smooth transition and a more supportive edge.  They also suggested that my grandson damaged the bed by jumping on it. It was apparent that they were looking for ways to take the blame off of themselves. Both Sealy and Sears are stating that a beds side collapsing is not covered under the warranty. The warranty does cover coils or wires that are loose or broken. I am not an expert, but in my opinion, if the side has collapsed, the coils must be broken.
          
After numerous phone calls back and forth with representatives and supervisors of both Sealy and Sears, I sent certified, return receipt letters (July 9, 2010) to both of their company headquarters. Sealy has not yet responded. I was contacted by phone (July 15, 2010), by a representative from Sears, (Sandra) saying that the mattress I bought has been discontinued, but they would give me a credit for the amount I paid for it, but not for the box spring. Here in lies the problem. You cant mix and match mattresses and box springs, so I need a comparable mattress to go with the box spring. Sears does have a mattress with the same name (Midnight Serenade) and same specifications, ie: coil count, padding, etc., but with a different model number. It is the identical mattress, but with a different pattern on the cover. This mattress costs $400.00 more, plus tax and delivery, bringing the total to approximately $500.00. Sandra said she would give me an additional $100.00 credit. It is absurd that I should have to pay an additional $400.00 to replace  an obviously defective and dangerous mattress. Also, the Sealy warranty states, they will repair or replace the defective mattress and if identical materials are not available at the time of product services, Sealy reserves the right to substitute material of equal or higher value. This warranty does not state, substitute cost, but rather substitute material of equal value. Sealy told me that Sears must abide by their warranty. Sears is not willing to do this. Since the mattresses are not on sale, I would only be able to get a much inferior product with the credit they are providing. I am requesting that they replace the defective mattress with the newer model at no cost to me.
      
I called Sandra on Friday, July 16, 2010 and got her voicemail. I left a message, but she did not return my call. I called again on Monday, July19, 2010. I got her voicemail again. I then called  1-847-286-2500 which is Sears executive offices. I spoke to Jason, who responded by saying that he could not help me since Sandra was assigned to my problem.  I then called Sealy again, (spoke to Janet) only to be told that they cant help me and I have to deal with Sears. She added that if Sears expects me to pay more money, then I have to.