Warranty - Repair or Replace?
Posted by: simon, but not simple on 15 November 2017
I want to get some advice from the consumer experts amongst the Naim forum masses. We purchased a new washing machine 18 months ago from a well known on-line retailer. the machine comes with a 2-year warranty. Over a month ago it started failing to finish a cycle giving an error code signifying a failure to drain. We called the repair hotline and, so far, four different engineers have had a look at it and replaced the pump and other items but the machine still will not drain at all.
My question is when is it reasonable to expect a replacement as the machine is clearly no longer fit for purpose? What are our consumer rights? This is an essential bit of equipment and is causing great inconvenience as all our washing has to go to the mother-in-law’s which means a 10 mile round trip.
Any advice gratefully received.
This is a real long shot with it not draining and as you have had engineers out to replace parts etc - but have you looked at the extraction hose to see if it's accumulated grease etc causing a blockage.My machine does this occasionally and won't drain when this happens.
I am sure it isn't this but no harm in checking.
Good luck with your situation
Hi tabby Cat,
this was replaced yesterday for that very reason but machine is still not draining. Very frustrating 
Open your negotiating stance with a polite request for a replacement machine at a time to suit you, plus proportionate compensation for the additional time and expense of taking your washing elsewhere, plus wasted time off work waiting for engineers visits and wasted phonecalls. Take it from there.
I work from home so time off work is not really an issue. although they don't need to know that!
I was hoping there were fast rules about these things; ie. 3 repair attempts and that is your lot, then supply a new machine. Otherwise they could stretch this out for months.
Your "consumer rights" under law are different from your expectations under a 2 year warranty.
Under the Consumer Rights Act 2015; after 6 months the onus is on you to prove that the equipment was faulty at the time of manufacture (which is likely wasn't). To quote from Which ...
Six months or more
If a fault develops after the first six months, the burden is on you to prove that the product was faulty at the time of delivery.
In practice, this may require some form of expert report, opinion or evidence of similar problems across the product range.
Find out more about how to return a faulty item and claim a refund, repair or replacement from a retailer.
You have six years to take a claim to the small claims court for faulty goods in England, Wales and Northern Ireland, and five years in Scotland.
This doesn't mean that a product has to last six years - just that you have this length of time in which to make a claim if a retailer refuses to repair or replace a faulty product.
Now your expectations under a manufacturer's warranty may be greater. What does the warranty actually say?
https://www.citizensadvice.org...rranty-or-guarantee/ might be of help and guidance to you in this situation.
PS. I assume you've checked there isn't any blockage in your plumbing AFTER the washing machines?
Sale of Goods Act, not fit for purpose, unmerchantable quality. As in all things legal, more often than not comes down to reasonableness test. I would suggest you've already met that test. Insist upon replacement, politely, if met with refusal pay your £40 registration fee and commence action in Small Claims Division of County Court. In my experience, provided your vendor is reputable, this will quickly produce desired effect. Don't be fobbed off by the retailer claiming it's the manufacturer's responsibility - it's not.
Timmo1341 posted:Sale of Goods Act, not fit for purpose, unmerchantable quality.
If purchased 18 months ago; will be Consumer Rights Act 2015 which is relevant.
Please see what I quoted above.
As in all things legal, more often than not comes down to reasonableness test. I would suggest you've already met that test. Insist upon replacement, politely, if met with refusal pay your £40 registration fee and commence action in Small Claims Division of County Court. In my experience, provided your vendor is reputable, this will quickly produce desired effect. Don't be fobbed off by the retailer claiming it's the manufacturer's responsibility - it's not.
The warranty IS the manufacturer's responsibility. Rights under Consumer Rights act isn't.
Whats important here is the details of the warranty. Does it offer a replacement if the washer can't be fixed?
Starting to shout and threaten legal action is premature (IMO).
PS. I'm not suggesting its not reasonable under the circumstances to be wanting a replacement machine - if nothing else, all these parts that are being replaced will soon add up to the cost of the replacement machine for the warranty; I'm suggesting that under the law the OPs rights aren't as clear cut as may be being suggested.
Thanks Eloise.Obviously there is no way we can prove the machine was faulty at time of delivery as clearly it was not. We did have a blockage under the sink ito which the machine drains a few months ago (drained water was backing up and pouring into the cupboard!) but this was cleared and the machine did not stop working even then. Since switched from washing powder to liquid. The engineers have cleaned every internal possible part they can and even replaced the pump. I will try genlly suggesting a replacement is in order before considering the small claims route.
Timmo1341, are you saying it is the retailer who should replace the machine, even though the warranty is with the manufacturer?
I think Eloise and I essentially agree. You have the choice of relying either upon a warranty provided by the manufacturer, or consumer legislation which places responsibility fairly and squarely upon the retailer. My thoughts, having gone through a very similar scenario with a Hoover washing machine a few years ago, are that, on the basis of what you have told us, there exists a prima facie case to demonstrate the machine, from which it is not unreasonable to expect at least 5 years of fault free service provided it is looked after, is not of merchantable quality. It matters not a jot that it worked well originally. You have given the retailer/supplier ample opportunity to remedy, it/they have failed to do so. I know what I would do now in your position. Your fuse may be longer than mine!
Here are two very much abridged summaries of your rights under the consumer rights acts 2015...
https://www.citizensadvice.org...Summary-GoodsF2F.pdf
https://www.citizensadvice.org...sSummary-GoodsOL.pdf
Huge posted:Here are two very much abridged summaries of your rights under the consumer rights acts 2015...
https://www.citizensadvice.org...Summary-GoodsF2F.pdf
https://www.citizensadvice.org...sSummary-GoodsOL.pdf
Good links Huge... just to add though the “Consumer Contracts Regulation 2013” referred to in the second applies to distance selling rather than if you buy from a store. Also be aware there is a grey area if you order online and collect in-store - typically it depends when you pay.
I think Huge and Eloise have illustrated the real limitations of Consumer Contracts beyond six months.
ISTM the best way forward is to be absolutely relentlless and ruthless in demanding a prompt and effective repaire each time the “repair” fails. Ie try the machine as soon as the repairman leaves and ring the call centre before he has time to complete his next job.
Demanding seven repairs in seven days might light somebody’s candle !
Appple have this web page on their liabilities re repair of products. You may find it useful
https://www.apple.com/uk/legal/statutory-warranty/