This article looks at our consumer rights related to washing machines and white goods appliances that break down. Especially soon after purchase. Both the customer and retailer’s points of view are explored. Trying to get an appliance exchanged can be stressful and difficult. So before we jump in and angrily demand a replacement it’s best to try and look at the subject objectively.
I don’t want my washing machine repaired – I want it exchanged
Many customers want an exchange if a washing machine breaks down when they haven’t had it very long. Especially if it’s very soon after purchase. Unless a retailer had a 28 day exchange policy this used to be difficult. But the new Consumer Rights Act 2015 now makes this very simple. It says that if a new appliance goes faulty within 30 days we are entitled to a full refund if that’s what we want.
Is the washing machine really faulty?
However, before jumping in, try to make sure there is definitely a fault on the appliance. Make sure that the fault is not caused by faulty installation or a user fault. Failing to read the instruction manual causes a lot of avoidable problems. As an engineer I know that a substantial percentage (if not the majority) of all calls to a new appliance within the first week are likely to be user faults or installation faults.
If it’s a washing machine check this list that I have compiled separately is the washing machine actually faulty? It shows 9 examples of “faults” that are not washing machine faults at all. They are all caused by installation or user errors. Remember, you can be charged if it turns out to be one of these faults so it makes sense to check it.
They won’t exchange any appliance without sending an engineer to check it first
It’s easy to see why it’s highly unlikely anyone will exchange an appliance simply because it’s reported faulty once you’ve read the list mentioned above. It’s almost certain an engineer will need to inspect and confirm it is genuinely faulty.
Can I insist on an exchange if the washing machine IS faulty?
The Consumer Rights Act 2015 gives us the right for a full refund if an appliance is faulty within the first 30 days. If the appliance is genuinely faulty you can request your money back. You should stop using it and reject it. Some major retailers have exchange policies where they will exchange an appliance within the first 28 days without much hassle. This has nothing to do with any consumer rights though. It’s a commercial good-will policy decision.
Peter Tyson Appliances give high quality service coupled with special offers and competitive prices on carefully chosen white goods.
The sooner a fault occurs the more likely a retailer will exchange it. They tend to get very reluctant after roughly a month. The Consumer Rights Act 2015 says that faults within the first 6 months are inherent. This means the fault must have been present when sold even if it didn’t show before. The retailer must prove otherwise. So if a substantial fault occurs within the first 6 months you have a better chance of getting it exchanged. After 6 months it is extremely difficult to get an appliance exchanged, even if consumer law says you are entitled to it.
Should you complain the manufacturer?
Under UK consumer law the manufacturer is not responsible. Only the retailer has any obligation regarding faulty goods. A manufacturer has an obligation to honour their guarantee. But they have no obligation to exchange faulty appliances. Neither can they give your money back because you gave it to the retailer. Some manufacturers will get involved. They will sometimes offer to exchange an appliance. If they offer something acceptable that’s fine. But if they don’t, remember the retailer is bound by the Sale of Goods act. It’s them you should be negotiating with. (Related: Why can’t I complain to the manufacturer? They made it so aren’t they ultimately responsible?)
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Retailers can sometimes insist on repairing – not replacing an appliance
Automatically rejecting a washing machine over any fault is not necessarily a good idea. It’s common to instinctively want to reject something that breaks down the first time you use it, or within a short time of buying. As customers, we often appear to undergo a psychological rejection of goods, which is not based on any logic. It’s almost as if the washing machine is cursed, and doomed to constant failure so it must be got rid of.
Try not to lose sight of the fact that any product can develop a fault. It doesn’t mean there is something seriously wrong with it. It doesn’t mean that it will never stop breaking down. Bear in mind that a minor repair may be considerably more convenient for all concerned including yourself. What’s the point for example of going through all the hassle of getting a washing machine exchanged if it can be fixed in 5 minutes with hardly any effort?
Also bear in mind that a retailer can insist on a repair if they can show that replacing the appliance is disproportionately more expensive than a repair. You might be entitled to reject it if the product is faulty from the start but it makes sense to just see what the fault is first. Some faults can be pretty minor and hardly warrant a total rejection.
There is sometimes a stalemate caused by conflicting statements in the Sale of Goods Act. It gives us the right to reject a faulty product, but also gives retailers a right to repair it if it only has a minor fault.
Faults within the first 6 months are deemed to have been present when sold
As previously mentioned, a new amendment to consumer law has shifted the burden of proof of a fault from the consumer to the seller. This is only applicable within the first 6 months. This means a fault within 6 months is automatically assumed to be an "inherent fault" unless the seller can prove otherwise. It’s as good as saying if a new part can't last a mere 6 months, it must have been faulty (or of sub-standard quality) when it was fitted to the washing machine. So it was therefore sold with an inherent fault.
Why are retailers so reluctant to exchange a faulty appliance?
This could be why – Is the sale of goods act too hard on retailers?
Faults on appliances out of guarantee
Once the appliance is out of the manufacturer’s guarantee you will always be told that you have to pay for a repair – even if The Consumer Rights Act 2015 shows you are entitled to a free repair or compensation. You can be entitled to a free repair or partial refund long after the first year. It will depend on all of the circumstances, but you can still be covered by UK consumer law as this article describes Out of guarantee even by a long time doesn’t always mean you should pay
The Consumer Rights Act 2015
Some people think that because the Consumer Rights Act (formally Sale of Goods Act) gives us up to 6 years (5 in Scotland) to claim compensation it means we have a claim any time it breaks down within the 6 years. This is definitely not the case. Read this article here – Consumer Rights Act (formally Sale of Goods Act) gives us 6 years to claim for faulty appliances
Which? Consumer Advice special offer
I’m not a consumer expert. My consumer advice is my personal understanding based on a long study and research on the subject coupled with my 40 years experience in the trade, and years of writing and advising on my web sites.
Which? are a great source of independent consumer advice and product reviews and you can benefit from their highly respected opinions and experience online – you can usually get a special offer trial offer – (Why subscribe to Which? )
Distance selling regulations
You have additional rights if you buy your appliance over the internet or through a mail-order catalogue. Read this article for more information on Distance selling regulations on returning appliances
Andy Trigg (Whitegoodshelp) says
You should be able to get a full refund if the appliance went faulty so soon. However, would you be able to get a new one delivered by someone else any quicker? Presumably the lack of next day is due to the Christmas period and holidays which is likely to affect everyone else. I would have thought apart from being so frustrated the simplest way is to let them replace it. You could end up being promised (for a sale) and let down by another company.
Jo Price says
Thanks for the advice Andy. I did actually stick to my guns and finally got an exchange delivered the following day not without mentioning watchdog though. Now to catch up with the washing. Thanks again,
A Richards says
Had a Hotpoint washing machine delivered and installed by Currys 3 weeks ago. Last night my husband called me into the kitchen as there was thick smoke and an electrical smell coming from the machine. Currys are sending an engineer in a weeks time by which point we’ll be over the time limit for the refund from the 2015 legislation. As the fault occurred and was logged during thar period is that the date that applies rather than the inspection date? Very concerned that this could have set the house on Fire had we not been awake or at home!
Andy Trigg (Whitegoodshelp) says
The latest amendment to the Sale of Goods Act (as mentioned in my article above) says that if it breaks down within 6 months it is deemed to have been sold with an inherent fault. The 28 days or 1 month exchange policy many retailers have is nice, and useful, but it’s an addition to our statutory rights and doesn’t affect our Sale of Goods Act rights.
I would never leave appliances like washing machines, tumble dryers or dishwashers running when no one is around to at least smell smoke as sadly they do sometimes catch fire and cause house fires. With some appliances such as fridges and freezers we have no choice – but the appliances I mention do not have to be run when we are in bed or all out – it’s just not worth the risk how dangerous are our appliances?
Carol says
Thank you for your very good advice.
Eileen Breeze says
I have a recalled hotpoint tumble dryer. I want the retailer currys to provide another one, as I want shot of this asap. But currys wont supply a replacement because they say hotpoint has to give them the go ahead. Why is thus, I want another dryer NOW, not in six months
Andy Trigg (Whitegoodshelp) says
Hello Eileen. If the manufacturer did give them the go ahead to replace it then yes, it would be very convenient for the retailer, but the manufacturer has nothing to do with replacing appliances under the sale of goods act. Therefore if the manufacturer won’t give them the go ahead to replace it that’s quite irrelevant under the sale of goods act.
If you are wanting a replacement because the dryer was sold to you with an inherent fault (which if there’s an admitted design fault causing them to potentially catch fire I would think is proof enough) then the only people responsible are the ones that sold it to you. It’s up the retailer to them pursue the manufacturer for compensation. If they did, and did it more often then manufacturers might be forced to build better appliances.
It may depend on exactly how old it is but you could have a strong case for a full refund or replacement under the sale of goods act because if you can show it had this fault when you bought it (which it must have) then they breached the sale of goods act when they sold it and sold you a faulty appliance.
Jarrod shaw says
hi , iv found your sight very useful and wanted ur direct opinion .
i ordered an indesit washer from argos in dec 2015 – its now march 2016 .. from the off its basically been playing up but thought i was being fussy … wet loads coming out ! ( did 1 wash – all lights came on and wouldnt open, had to turn off via power point ! then another time i started a wash … went to start up and it froze – turned on and off … did the wash ! ) any way , i called them and an engineer has come out and diagnosed a problem with the motor and motherboard – it fail test on high speed motor ! also as this didnt initially show up as a fault, so he thinks its the motherboard thats the main problem ! he has ordered these 2 parts to replace !
on reflection , im not entirely happy so called argos ! 1st person said fine a replacement could be sent and i expressed i would prefer to choose a new model … she said call them back when i picked wat i wanted … so i looked and the only similar item was a different brand ! when i called back to explaine this , the 2nd person said , i couldnt have a replacement of any kind i should contact manufacturer … i said i wanted it sorted by argos who i purchased from, so he was trying to contact indisit but couldnt get through , so was gona ring me back … but he hasnt yet !
i looked online and found it is argos not idiset i need to deal with and i feel item is of substandard quality and not fit for purpose … it has a inherent fault so can i reject it ? i then called argos again and expressed my wish and they have escalated my request and i will receive a call in the next 24hrs . im not after a full refund but an alternative ! can i insist on an alternative product based on my rights ? i would like an alternative rather than a repair or replacement of the same make and model as im so unhappy with it , i would have had the same make but nothing else in my price range with a 1600 spin .
i would really appreciate your thoughts on this before i speak to someone else from argos .
Andy Trigg (Whitegoodshelp) says
If a fault occurs within the first six months it can be deemed to have been sold with an inherent fault but after six months the onus is on the consumer to prove it. After 6 months it gets more complicated. To be honest I’d seriously consider a 1400 spin as most washers aren’t built well enough for such fast spins. If Argos are hoping to get Indesit to refund them that could by why they insist on another Indesit.
Jarrod says
It’s only 3 months old ! So can I argue that it was sold faulty & therefore I am entitled to a refund ! Is the motherboard & the motor both main faults ( if these were repaired I’m worried it will do the same again & it’s gona b a longer time elapsed so they will try to fob me off even more than they r trying to now ) I am after an replacement of any kind , & I will have a look at the 1400 spins from indesit & consider them ! I spoke to them 3 times yesterday … I’m still waiting for a call back !
Thanks for ur help