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arturo1067 · Oct 10, 2007, 01:26 PM

I purchased a couch in 3/07, and in 8/07 I noticed the 2 back cushions are two different shades. The couch is navy. I contacted the retailer on 9/11/07 and told them of my problem. They said they could order 3 more cushion covers, and I could pick the best 2 that matched, but that is all they can do. I said fine. The order time was 3-4 weeks. On 10/10/07, I contacted the furniture retailer again about the status of the cushion covers, and they said they weren't ordered, and there must have been a misunderstanding but they can go ahead today but only order 1 cover. I asked why only 1 and the response was that's all they can do. According to website store info, the warranty is limited to repairing or replacing defective parts. Would it be worth it to sue in small claims court if I can't get new cushion covers to match?

JudyKayTee · Oct 16, 2007, 05:41 AM

Sure, if you have the time to spend, I would take the matter to Small Claims Court. Very small filing fee and all it takes is some of your time. Many, many Defendants "fold" or become more reasonable upon receiving those papers. Make sure you have good photos and take the cushions which are different colors to Court. Also write it all down in chronological order before you go so that it is easy to understand if you get nervous.

Fr_Chuck · Oct 16, 2007, 05:55 AM

I actually doubt that first you have a case and most likely would not win.

You had full chance to inspect the couch when you bought it, and had it and used it for 5 months before you noticed a difference. I have to say that it shows that perhaps the differece was so minor it was not really noticeable, since of course you did buy it as it was and was happy with it for 5 months, And there is no proof that some damage could not have happened over those months to cause this to perhaps fade.

And if they are offering to replace a damaged part, that is all the promice is.

ScottGem · Oct 16, 2007, 06:08 AM

I have to agree with Chuck here. It took you FIVE months to notice a difference?? And part of those 5 months were during the summer where the sun may have faded one of the cushions!

Do you have any evidence that the different shades were like that when the couch was delivered? Without that, I think you would be wasting your time.

JudyKayTee · Oct 21, 2007, 04:27 PM

Originally Posted by Fr_Chuck

I actually doubt that first you have a case and most likely would not win.

You had full chance to inspect the couch when you bought it, and had it and used it for 5 months before you noticed a difference. I have to say that it shows that perhaps the differece was so minor it was not really noticable, since of course you did buy it as it was and was happy with it for 5 months, And there is no proof that some damage could not have happened over those months to cause this to perhaps fade.

And if they are offering to replace a damaged part, that is all the promice is.

I'd still roll the dice in small claims - if the cushions are obviously different shades, not streaked, but different shades - I think you have a pretty good chance. Sun does not fade fabric evenly so any difference would be a defect. As far as proving they were in the current condition when they were delivered - that's not your burden of proof. Perhaps you moved the couch from one side of the room to the other, different lighting, noticed the problem.

Depending on how aggravated you are - I'd spend the couple of bucks and the little bit of time and fight them.