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 -

• Washing machine siphoning due to drain pipe being too low (installation fault)
• Leaks from fill hoses or plumbing (installation fault)
• Washing machine bouncing about due to transit packing not being removed (installation fault - although if the washer was installed by the company you bought it from they should have removed this!)
• Not using the washing machine according to manufacturer's instructions ( never read instruction book )
• Leaking from the soap dispenser due to a build up of un-dissolved detergent, or use of a detergent tablet designed to go in the drum not the dispenser (causing blockage)
• No water coming into the washing machine caused by a kinked fill hose or faulty plumbing (installation fault)
• Banging on spin, or not spinning at all due to an out of balance load out of balance detection on modern washing machines
• Not emptying water (due to blockage in pump or pump filter)
• Flooded kitchen because coins left inside pockets have been punched through the plastic outer tub by the spinning inner drum causing washing machine to need extensive major repairs
  • Related useful information List of common washing machine faults and DIY advice

As you can see, there are many faults that turn out not to be the washing machine's fault after all, so it's not surprising no company is likely to simply send you a new washing machine until an engineer has inspected 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. (Some major retailers do have exchange policies where they will swap the machine within the first 28 days. This has nothing to do with any rights though and is just a commercial policy decision. It does offer some extra reassurance though)

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.

UPDATE: I've written a new Blog article relevant to this topic, which you might find interesting. You can add your comments too. EU 2 year guarantee

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 sale 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

• If your washing machine appears to be faulty, don't forget that the fault could be minor, and fixed in minutes, or it could even turn out to be something caused by you or the installer. Check the troubleshooting guide at the back of the instruction book, which is usually entitled something like, "before calling out an engineer".
• You can accept a repair on the condition that you will still reject the faulty goods if the repair is not effective. This should not affect your rights
• An engineer must always inspect the washing machine. No one is likely to authorise a replacement over the phone.
• The seller can refuse to replace the washing machine if they can show that doing so is "disproportionately costly in comparison with the alternative". However, any remedy must also be completed "without significant inconvenience to the consumer". You could try arguing that being without a washing machine for several days or more (if relevant) while waiting for a part is significantly inconvenient to you.
• Remember the saying, "better the devil you know". There's no guarantee a replacement wouldn't breakdown or be faulty on delivery - or even damaged, so don't get emotionally attached to the idea that a replacement is the answer to all problems. Consider whether all the inconvenience and hassle (to yourself as well as the seller) associated with having a large appliance like a washing machine replaced is really worth it if all that is wrong is a loose connection.
• You may still be entitled claim compensation or a repair if your washing machine constantly breaks down or suffers a major fault up to 6 years from purchase (5 in Scotland).
• Be prepared to stand your ground if you are entitled to a replacement washing machine and this is what you want
• With washing machines already a few years old, a buyer cannot expect to hold the seller responsible for fair wear and tear. A washing machine can't be expected to never break down. In order to use the consumer legislation, there needs to be a fault that was present on the day you bought it - even if it only became apparent later on, or a lack of durability that suggests the goods were not of satisfactory quality to start with.
  • RELATED: You can claim compensation up to six years after discovering an "inherent" fault on your washing machine (five years in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement) [ More info: My washing machine is now out of guarantee, but I don't think I should have to pay for a repair | EU 2 year guarantee ]

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 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" ]

• EU 2 year guarantee (My White goods Blog)
• Which? outlines the new rules regarding extended warranties (Extended warranties: know your rights)
• Rejecting faulty goods - (Government Consumer Direct site)
• Your rights, buying goods guide - (Free downloadable (pdf) booklet from Citizens Advice Bureau)
• Guarantees - (Free downloadable (pdf) booklet from Citizens Advice Bureau)
• Buying goods, your rights Eng Wales & N. Ireland - (Trading Standards website)
• Buying goods in Scotland - your rights - (Trading Standards website)
• Services - your rights - (Free downloadable (pdf) booklet from Citizens Advice Bureau)
• Your legal rights when you buy services - (Citizens advice bureau site)
• Your rights when shopping - buying goods - (Office Of Fair Trading site)
• Supply of services - (BBC consumer guides site)
• Your rights - goods - (BBC consumer guides site)
• The Law Relating to the Supply of Goods and Services - A TRADER'S GUIDE: - (DTI (pdf) guide - for traders, which is very useful to see because it's what the sellers are told)

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