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Ignorance of consumer rights relating to washing machines causes much confusion. Many washing machine owners either fail to insist on their consumer rights, or conversely have an inflated opinion of the extent of their rights. This can put them into stressful conflict with the company they bought their washing machine from, or with their washing machine repairer. This section aims to clarify our rights as consumers.

Buying and repairing washing machines - your rights (1)

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I don't want my washing machine repaired - I want it exchanged

This is a common demand, which causes conflict between washing machine owners and washing machine sellers. If a washing machine breaks down soon after purchase, or suffers more than one fault, many customers believe they are entitled to refuse an engineer and demand an exchange. However, this is not always the case. 

First: Is the washing machine really faulty?

Here are a few examples of faults I've found when customers have demanded a new washing machine (sometimes aggressively) instead of a repair -

As you can see, there are many faults that turn out not to be the washing machine's fault after all, so an engineer must be allowed to inspect the washing machine. [ Related advice - The repair company say the washing machine fault is not covered under the guarantee and I have to pay ]

But what if the washing machine IS faulty, can I insist on an exchange?

If the washing machine is genuinely faulty you can request your money back if you stop using it and reject it, "within a reasonable time". The problem is that what's reasonable to you is sometimes different to what is reasonable to the retailer. If the fault hasn't occurred almost immediately it could be a disagreement that can only be resolved by a small claims court.

Whether routinely rejecting a washing machine if any fault is found is a good idea or not is also debatable. If a washing machine breaks down the first time you use it (or within a short time of buying it) it's common to instinctively want to reject it. As customers, we sometimes 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, but it doesn't mean there is something seriously wrong with it and that it will never stop breaking down. Bear in mind that a minor repair may be considerably more convenient for all concerned including yourself. A retailer can insist on a repair if the fault is minor or they can show that replacing it is disproportionately more expensive than a repair.

What if I accept a repair but then the washing machine breaks down again?

The concern here is that if you are reasonable, and give them a chance to fix the washing machine, it could backfire on you if at a later date if you try to get an exchange because of further problems. Consumer law allows for you to accept a repair, but on condition that if the repair fails, or takes an unreasonable time to complete you will still reject the washing machine. Also, if you suffer repeated faults, or a major fault, you may be entitled to a replacement or proportionate compensation.

You can reject a washing machine within the first 6 months

A new amendment to consumer law in 2002 shifts the burden of proof of fault from the consumer to the seller within the first 6 months. This means if a fault occurs within 6 months, it is automatically assumed that the goods were "inherently faulty" unless the seller can prove otherwise. This is saying that 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.

You can request a replacement, or you may be able to get a partial refund, which takes into account the fact that you've had some use from it. (A possible counter-argument to that could be any significant inconvenience caused by breakdowns in this time) An example of this could be if your washing machine works fine after purchase, but 5 months later the motor, or main PCB fails. You could argue that under the sales of goods act, this part must have been sub-standard or with fault when it was sold. Therefore you can reject the washing machine and negotiate a refund (taking into account you have had 5 good months of washing from it.) It is possible for the seller to argue that the cost of replacing the washing machine is disproportionate to the cost of repair and insist on a repair - especially with a minor fault. This highlights the apparent contradictions in consumer rights, which at times, only a court can decide on.

[Related link: Sale of Goods Act, Faulty Goods ]

Summary

Finally: I think we need to be aware of, and insist on, our consumer rights more often. But, we should also try to stay balanced and reasonable. Personally, I regret the common modern consumer's attitude (that we are all guilty of to a greater or lesser degree) where the (often) knee-jerk reaction to anything breaking down is to reject it and get rid of it as if it's cursed. However, many people do receive poor service, and can be railroaded into accepting a repair when they may be entitled to a replacement washing machine.

People are often extremely inconvenienced by new washing machine breakdowns, and they often receive extremely poor service from the repairers (under guarantee) because they are "captive customers" who can't go anywhere else. More compensation should be paid to consumers who have received very poor service and who may have been without a washing machine for weeks, or had to use up valuable holidays to wait in for a repairman. On the other hand, sellers and repairers often get messed about by customers, who fail to be present for appointments, can be abusive, and call them out for problems that are customer-caused or installation faults. As a goodwill gesture, the retailer or repairers seldom charge the customer when they have a right too. One possible consequence of many more consumers demanding compensation could be that the washing machine sellers and manufacturers stop giving this goodwill, and charge customers when the "fault" turns out to be customer caused or an installation fault. They could even start billing for when their engineer turns up and the customer is out, which happens very often.

Hopefully, common sense will prevail. As a consumer myself, all I want, is my rights, what I'm entitled to - nothing more and nothing less.

Check out the free (official) advice from consumer groups that I have researched below.

[ Related external links: to open in a separate window (and keep your place on Washerhelp) hold down shift while clicking, or right click the link and select "open in new window" or "tab" ]

Other related advice: Which are the most reliable and the least reliable brands of washing machine? | Which is the best washing machine to buy?

Have you got a case, or experience that may help others?

Ask advice on and discuss consumer issues related to washing machines and washing machine repairs. If you have direct experience of a dispute, let us know about the case and how it turned out. Washerhelp's Consumer issues forum

All information is meant to be fair and balanced. All advice is given in good faith and without liability, and is meant as a general guideline only. With consumer issues, always double check advice using the free Government & consumer group's literature as well.

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