Legal Department
Jordan’s Furniture
450 Revolutionary Drive
East Taunton, MA 02718-1369

To whom it may concern:

I am writing to you about a design defect in a piece of furniture sold to me by Jordan’s Furniture. This defect is sufficiently serious and egregious as to violate both the implied warranty of merchantability and warranty of fitness for a particular purpose. After explaining the problem below, I will explain how I expect you to compensate my wife and me for it.

In November 2007, we purchased an American Leather sleeper sofa at your store in Natick, MA. Several months after the sofa arrived, the end of the zipper holding one of the cushions began to separate from the back of the sofa, so we called and scheduled a technician to come look at it.

He said it could not be repaired and the sofa would have to be replaced. The model was no longer available, and rather than replacing our defective sofa with the closest equivalent, you instead gave us a credit for the original purchase price and told us we could use it toward the purchase of a replacement. The problem was that the new model cost $420 more. In other words, you sold us a defective sofa and then expected us to pay over $400 to replace it within their warranty period.

Needless to say, we were unhappy about this, and we complained. A customer service representative agreed for Jordan’s to absorb half of the incremental cost of the replacement sofa, thus reducing our out-of-pocket cost to $210. We accepted this offer with reservations.

Additional details about the events described above are available on my blog at <http://blog.kamens.brookline.ma.us/~jik/wordpress/jordans_warranty>.

Fast forward to a few months ago, when the same zipper on the same cushion on our replacement sofa began to separate from the sofa in exactly the same way. Not only that, but because of the separation, the zipper comes undone when people lean back on the cushion.

Although I have waited until today to contact you about the issue, primarily because I was so annoyed and angry about its recurrence and about the way you handled it the first time, note that this second failure occurred within a year after we purchased the replacement, i.e., within your one-year warranty. I mention this to buttress my claim, but the substance of my complaint does not depend on it; implied warranties of merchantability and fitness are not bound by the time limits in a merchant’s explicit warranty.

It is clear at this point that the failure of the first sofa was not due to a defect in that particular unit, but rather to defective design. The weakest part of the zipper is situated in the middle of the sofa, where the cushions bear the most weight. It simply cannot handle it. In short, we’ve paid almost $2,700 for a sofa whose faulty design guaranteed that it would fail prematurely, i.e., before the end of the reasonable, expected lifetime of the product.

The other cushion does not have this issue because the insertion pin of that cushion’s zipper is located at the end of the sofa rather than in the middle. Through a trivial design change, i.e., making both zippers zip from the end and meet in the middle rather than making both zip in the same direction, the manufacturer could have significantly mitigated the problem. I say “mitigated” rather than “solved,” because even with this suggested change, it is not clear that the zippers chosen by the manufacturer are sufficiently durable to bear the weight of people leaning on the cushions for the life of the sofa.

I urge you to seriously consider the substance of my claims about the defect in this product. I hope that you will work with the manufacturer to remedy it as soon as possible; if that cannot be done, I hope that you will stop selling the product. I am sure you do not want to be in the business of selling expensive furniture which you know to be defective and likely to fail before the end of its useful life.

As for my wife and me, our demands are simple…. If we had known that our replacement sofa was going to break in exactly the same way as the original, we would never have asked for the replacement. Therefore, we expect you to reimburse us, in the form of an actual refund and not a store credit, for the $210 we were forced to pay for the replacement.

Sincerely,

Jonathan Kamens

P.S. This letter has been posted on my blog at <http://blog.kamens.brookline.ma.us/~jik/wordpress/american_leather_sofa_defect>.