Appliance just out of guarantee and unrepairable
An appliance that breaks down shortly after the manufacturer’s guarantee expires – and is then declared unrepairable – is one of the most frustrating situations a consumer can face. This guide explains what rights exist under the Consumer Rights Act, who is responsible, and what to do when both the manufacturer and retailer claim they cannot help. Although this guide uses a fridge freezer as the primary example, the principles apply to any white goods appliance.
If an appliance fails just outside the guarantee period and cannot be repaired, the manufacturer’s obligation is at an end – but the retailer’s is not. Under the Consumer Rights Act 2015, if an appliance has not lasted a reasonable time, the retailer is responsible. Contact the retailer directly and insist on a replacement or refund. Do not accept a claim that there is nothing they can do.
The Scenario: Out of Guarantee and Unrepairable
Consider a situation where a fridge freezer purchased for £630 breaks down 14 months after purchase – two months outside the manufacturer’s 12-month guarantee. A manufacturer’s engineer declares the fault, caused by an internal gas leak, to be unrepairable. At this point the manufacturer considers its obligation fulfilled – the guarantee has expired.
This situation is not unique to fridge freezers. It can arise with any white goods appliance: washing machines, dishwashers, tumble dryers, or ovens. The legal position is the same in each case.
Why the Manufacturer Is Not Responsible
Under UK consumer law, a manufacturer’s obligation to the consumer extends only to the guarantee period they have offered. Once that period has expired, the manufacturer has no further legal obligation – even if the appliance has clearly not lasted a reasonable time.
In practice, manufacturers often tell the consumer to go back to the retailer. This is legally correct – the retailer is the party with whom the consumer has a contract. The manufacturer did not sell the appliance to the consumer directly and therefore has no direct legal liability. Some manufacturers will offer goodwill replacements or discounts in these circumstances, but they are not required to do so.
While there is no obligation on the manufacturer, it is sometimes worth contacting them anyway – particularly for premium brands. Some manufacturers do accommodate customers outside the guarantee period as a goodwill gesture, and the cost to them is relatively small compared to the reputational value of retaining a customer. However, the formal legal route is through the retailer.
The Retailer Is Responsible Under the Consumer Rights Act
The Consumer Rights Act 2015 gives consumers the right to seek a repair, replacement, or refund from the retailer when a product is not of satisfactory quality, is not fit for purpose, or has not lasted a reasonable time. This right exists independently of any manufacturer’s guarantee and can extend up to six years from the date of purchase in England, Wales, and Northern Ireland (five years in Scotland).
A fridge freezer that fails completely and cannot be repaired at 14 months old has clearly not lasted a reasonable time for an appliance of that type and price. This is a strong basis for a Consumer Rights Act claim against the retailer.
See the full guide: Consumer Rights Act – up to 6 years to claim for faulty appliances.
Why the Retailer May Initially Refuse
Retailers, particularly those who did not manufacture the appliance, commonly try to recover the cost of replacing a faulty product from the manufacturer. When the manufacturer refuses to issue credit – which is common – the retailer often responds by telling the consumer there is nothing they can do, or that the appliance is out of guarantee.
This is incorrect. The retailer’s liability under the Consumer Rights Act exists regardless of whether the manufacturer cooperates. Telling a consumer their claim is invalid because the guarantee has expired does not reflect the law.
Will You Always Get a Full Replacement?
Not necessarily. A retailer is entitled to make a contribution deduction from any replacement to reflect the benefit already received from the appliance. The logic is that you have already enjoyed a percentage of the appliance’s expected lifespan and therefore should not receive a brand new replacement entirely for free.
Whether a retailer attempts this will depend on the circumstances – how old the appliance is, its original price, and the retailer’s approach. For an appliance that is only just outside the guarantee period, a contribution deduction is less likely to be pursued and less likely to be reasonable.
How the Contribution Calculation Works
To make a contribution deduction, the retailer needs to establish an expected lifespan for the appliance. These figures are not officially defined and can be disputed. As an illustration: if a fridge freezer is considered to have an expected life of 10 years (120 months) and has been owned for 14 months, approximately 12% of the expected lifespan has been used. A retailer might argue that 12% of the replacement cost should be contributed by the consumer.
Whether this is reasonable depends on all the circumstances – how much was originally paid, whether the appliance has been trouble-free, and how it has been used. The key test in an unrepairable case is always: is it acceptable that this appliance has lasted only this long? See: out of guarantee does not always mean you should pay.
What If the Appliance Is Repairable but Expensive?
If the appliance can be repaired but the cost is high, the position is more complex. For appliances that are only days or a few weeks outside the guarantee, it is worth contacting the manufacturer first as a goodwill repair may be offered – though this is not guaranteed.
Under the Consumer Rights Act, a right to a free repair from the retailer may still exist depending on the circumstances. The relevant questions are: has the appliance lasted a reasonable time? Was there an inherent fault at the time of sale? The answers will depend on how much was paid, how long the appliance was owned, its history, and how it was used.
Some of these factors are subjective, which is why consumer rights bodies or, ultimately, a small claims court may need to be involved. See: consumer rights when buying appliances.
Frequently Asked Questions
My appliance is just out of guarantee and the manufacturer says it’s unrepairable. Do I have any rights?
Yes – against the retailer, not the manufacturer. The Consumer Rights Act 2015 gives consumers the right to seek a replacement or refund from the retailer if an appliance has not lasted a reasonable time, regardless of whether the manufacturer’s guarantee has expired. An appliance that fails completely and cannot be repaired shortly after the guarantee period is a strong case for a Consumer Rights Act claim. Contact the retailer and cite the Act specifically.
The retailer says there is nothing they can do because the guarantee has expired. Is this correct?
No. The guarantee and the Consumer Rights Act are separate things. The guarantee is a voluntary commitment by the manufacturer. The Consumer Rights Act is a statutory right that exists independently of any guarantee. A retailer telling you that no rights exist after the guarantee period has expired is incorrect. Escalate the complaint and, if necessary, seek help from Citizens Advice or a consumer rights body.
Will I get a full replacement, or will the retailer ask me to pay a contribution?
A retailer is entitled to make a contribution deduction to reflect the benefit already received from the appliance – but only if the appliance is not very recently outside the guarantee. For an appliance that has barely passed the guarantee period, any contribution should be small. The retailer must be able to justify any deduction based on the expected lifespan of the appliance type and the percentage of that life already enjoyed.
Should I contact the manufacturer or the retailer?
The legal obligation rests with the retailer, not the manufacturer. However, it is sometimes worth contacting the manufacturer as a first step, particularly if the appliance is from a reputable brand – some manufacturers will offer goodwill replacements or discounts in these circumstances. If the manufacturer refuses to help, escalate to the retailer under the Consumer Rights Act.
How long do I have to make a claim under the Consumer Rights Act?
Up to six years from the date of purchase in England, Wales, and Northern Ireland; five years in Scotland. This does not mean all appliances are expected to last this long, but it sets the window in which a claim can be made if an appliance fails prematurely. The longer the appliance has been in use, the more a retailer can legitimately ask for a contribution if replacing it. See: Consumer Rights Act – 6 years to claim.
We had a CDA integrated larder fridge fitted with our new kitchen in October 2016, in August 2019 it broke down an engineer from CDA came out and said it could not be repaired. We paid £100 for the engineer call out, around £150 for the replacement fridge and another £130 for installation. June 2023 and the replacement fridge has broken down and we have again been told that it cannot be repaired, this was determined by me sending them a video of the back wall of the fridge being pushed in by my fingertips, we have been told by CDA that they want a further £330 to supply and instal another new fridge. By the time we have paid this we will have paid around £700 on top of the original purchase price for a fridge that I am sure will breakdown again in a few years. Are we better off buying cutting our losses and buying a different make of fridge all together, which will obviously cost more. I am concerned that the reason for breakdowns is the position of the fridge, it is in a housing next to the built in oven and the combination mircowave oven, we were never told this was a problem when the kitchen was fitted or when the original fridge was replaced by CDA. Your thoughts and advise would be very welcome. Many thanks
Hello Virginia. When your first fridge was written off because it could not be repaired after just three years, you may have had a good case to get some compensation from whoever you bought it from under the consumer rights act 2015. The fact that the second fridge is also unrepairable after not much longer should be more than enough to convince you to never buy that brand again.
I can’t really comment on the possible causes of the breakdowns because I have no idea what has actually failed. If it was definitely related to it being installed next to an oven, then I would expect that both engineers who wrote off your fridges would have told you in no uncertain terms. If that is the case, then you may need to seriously consider trying to remedy the situation somehow.
It’s not recommended to install a refrigeration appliance next to an oven, but that’s just simply because the fridge is trying to cool things down and an oven heats the surrounding area. If there is a wooden panel between the two, then I wouldn’t expect it to cause much trouble. The only real trouble likely to be caused if something heats up the area around the fridge, is that the fridge would need to work a bit harder. That shouldn’t really cause much trouble apart from the fact that the longer any appliance is running, the quicker it wears out.
If you factor in the fact that a fridge has insulation packed all around it, I would have thought it quite unlikely that the heat from an adjacent oven (particularly if separated by a reasonable air gap or kitchen side panel) would cause major problems. Maybe if it was in a commercial kitchen where everything was on all the time but otherwise I suspect this is a theoretical issue, which makes sense, but in practice maybe doesn’t cause that much of a problem. I’d be less happy if the fridge cabinet is actually touching the oven.
Hi Andy,
We bought a fitted CDA fridge in January 2019 as part of a new kitchen. It first broke down in summer 2020 and was out of action for 5 weeks waiting repair. It has now broken down again. CDA have a five years parts guarantee but want a fixed rate charge of £125 to visit and repair. If it is unrepairable, which they are implying when contacted, they will give a £90 discount on a new fridge. Is it worth repairing or should we just dump it and start again?
Should we be asking for a refund?
Cheers
Jonathan
Hello Jonathan. If it was a really cheap fridge it might not be worth pursuing, either repairwise all refund wise. But if it was fairly expensive, and particularly if it was very expensive you could argue that it has not lasted a reasonable time if it turns out to be beyond economic repair. However, you would have to argue that with the people you bought it from, and not the manufacturer. If such a claim is acknowledged, and the retailers usually fight it, you would be entitled to a percentage of the purchase price related to how long you have already had it.
So for example, if it cost £500, and it was accepted that such an appliance should last around 10 years then that would equate to £50 per year. If you had already had use of the appliance for five years for example, then you should be entitled to £250. So it’s a question of doing the maths. If an appliance was only £250, and it is only expected to last around seven years these days, and someone had had an appliance for five years, then the amount they stand to get back in compensation is not really worth the hassle. The problem is that you do not know if it is beyond economical repair or not until they have looked at it.
Thanks for the response. I will try to get them to replace it at a discount then.
Cheers
Jonathan