What are our consumer rights related to washing machines and white goods appliances that break down? Especially soon after purchase. 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 to look at the subject objectively.
Both the customer and retailer’s points of view are explored in this article. Note that I am talking only about UK consumer rights.
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.
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?)
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
Spares
Spares4Appliances is a spares company run by repair engineers who understand all about spare parts for appliances.
Very Useful Indeed. My Two Appliances were delivered and on next day one of them worked perfect and the other had some sort of fault. The retailer would not accept exchange without first manf. looking at the product. So i have been OK with that . It shows i gave them a chance. But I still want my appliance as new because the fault is from factory and not at home. I am insisting on Refund or exchange. Not sure what the eng will make of it. The first eng came on second day and said there was no fault but he did not check the appliance and was out in 6min as is on his report but said i could exchange it but he failed to put a exchange order so the retailer wont change it unless a Snr. Engineer came to check it out. Amazing how retailers find ways around the law. Especially the Big ones.
Hi I have a Samsung washing machine purchased in April this year it has now been determined by the engineer it will need a new drum as the machine spins loads constantly out of balance and moves violently and noisy
AO.com will not replace as it is over 30 days even though i have said it is within six months and against the sales of goods act they say that Samsung want to replace the drum and will not issues a uplift code and that AO want to enforce a repair
I am really annoyed as the machine is just over 2 months old and feel we have to have the machine repaired with a new drum which seems a big repair
I’m banging my head against a brick wall and going to have to let Samsung do the repair
Any advice
Thanks
David
Hello David. The sale of goods act says if it breaks down within the first 6 months that it was sold with an inherent fault unless the retailer can prove otherwise. Unfortunately I believe the act still says that if they can show it is significantly more expensive to replace the appliance they can insist on a repair which totally contradicts the idea we can get a refund or replacement. You might need to get help from a consumer group like Which? who give specific help and advise to members (Which? one month trial offer)
I suspect that as the manufacturer is refusing to refund AO, AO are insisting on a repair because the manufacturer IS willing to repair it under their guarantee. Your argument is that whether the manufacturer will sanction an exchange or not is irrelevant under the sale of goods act. AO sold it to you, it was inherently faulty and with a major fault, so you want it exchanged or money refunded. To be honest I would think it makes more sense to pursue a refund if you have lost confidence in the Brand or model and want to buy a different one than just arguing for a replacement instead of a repair.
Thanks for the reply
I have finally got a response and they are swapping the machine out on the basis it had two quick succession repairs and the drum was a major part
So hopefully replacement will be fine fingers crossed
Hello David. Many thanks for the feedback, it is very useful for people to see. It also shows that as I advise in my articles, retailers put up barriers to discourage people but will commonly will concede if people are stubborn enough to stick to their rights. As long as they are in the right of course.
Hi I’ got a Samsung washer from
AO since January 23rd. In February it rubbed a groove in the seal in one wash. The seal was replaced the problem occurred again at the end of June. I rejected it Samsung sent an engineer today. He told me it was nothing that I had done.
However AO have contacted Samsung who said that a part has bent due to overloading which I know I haven’t done. The engineer never looked in the back of the machine or looked at it with a load in.
Where do I stand?
Hello Jackie. The only thing I can imagine that could be a user fault is if something has got inside the machine and caused the lip of the drum that runs behind the door seal to get bent or buckled out of shape. Either that or possibly the suspension has failed causing the drum to twist which could have caused the door seal to rub against something inside the machine. If the latter though, I fail to see how anyone could categorically say that the fault is caused by overloading.
Where is the groove in the door seal?
Hi
I bought a Bosch washing machine from John Lewis 2.5 years ago, so it’s now out of John Lewis’ guarantee. It’s just starting developing a loud grinding noise, and I’m pretty sure it’s the bearings. Local repairers have advised it’s uneconomic to repair, and that’s mostly down to labour.
The machine has been used daily since it was purchased (we are a young family with 3 kids), so I didn’t expect to get a decade out of it, but still, I feel short changed that it’s only managed 2 and a half years (German engineering and all that).
Any idea whether I have any recourse? Is it worth appealing to John Lewis’ better nature, or am I being naive?
Thanks
David
Hello David. Yes I would agree that 2.5 years is a very short life for a washing machine. Bosch still have a decent reputation, but they have a strange pricing structure selling washing machines from as little as £230 and right the way through up to nearly £1000. It’s hard to pigeonhole such a brand but clearly their cheaper washing machines are budget washing machines, and as such I wouldn’t expect them to last much longer than 3 or 4 years these days if washing for a family of 5. Some of these wash machines are just ridiculously cheap and so we shouldn’t expect too much from them.
Having said that your case would depend a lot on how much the washing machine cost. I would say if it was one of the “cheap ones” then there is less of a strong case if it’s been washing for five people, but there is still theoretically a potential case with it only lasting 2 1/2 years.
If it was £400 to £500 I would think there is a reasonable case that it should have lasted longer. Unfortunately the average life of a washing machine these days is probably only 6 or 7 years but by that standard your washing machine are still being quite short lived. Also, I don’t think it’s fair going on the average life of a washing machine which is decreasing every few years because at the end of the day thing should be judged not on how long they last on average but how long they ought to last for what they cost.
If you have any case it is definitely under the sale of goods act against the retailer, which says that products should be of sufficient quality to last a reasonable time. Whether 2 and a 1/2 years washing for 5 people is a reasonable time or not is subjective to a great extent. The main but not sole qualifier is how much it cost.
I bought a Blomberg (Beko) washer/dryer on 12.12.15. On Sunday 2.10.16 it broke down with washing inside and I was unable to open the door. I called the Beko customer service department the following day and spoke to three different people throughout the day trying to secure an engineer. At the end of the day I was was told the engineer would arrive on 5.10.16. That evening the engineer’s company called to say that I had been misinformed by Beko and that an engineer was not free until the following Tuesday 11.10.16. I had a call from the engineers on 5.10.16 saying an engineer would stop by to try and and open the door (which he did). He also checked the machine thoroughly and said it was irreparable and Beko should replace it. The following day another engineer from the same company was sent by Beko to take pictures. He also checked the machine and came to the same conclusion as his colleague that the machine was irreparable. He called his contact at Beko head office who agreed I was entitled to a new machine. The engineer contacted me immediately to tell me of this agreement and that Beko would call me yesterday (7.10.16) to arrange a date/time for delivery. They did not call, so I telephone them. I spoke to 2 staff at customer services (one of whom was rude to me). I then called Beko head office only to discover that Beko had reneged on their promise of a new machine. I contacted the engineers and reiterated the conversation. They were appalled Beko had broken the verbal agreement of a new machine and immediately e-mailed their contact at Beko. This was 5pm – the time Beko closes. I will not hear from anyone until Monday 10.10.16. Would you please let me know my rights – especially as there was the verbal agreement for me to receive a replacement machine. I have spent all week dealing with this issue with at least six different staff members of Beko and I am in exactly the same place as I was last Sunday but now very upset by the disrespectful treatment I (and the engineering company) have received from Beko. Thank you.