Am I Entitled to Refund on a Washing Machine Which Broke 3 Days After Purchase?

Fish Bloke

We bought a new washing machine last week from an Australian retailer. It was installed by a plumber and worked perfectly for the first few washes - it was used roughly five times. On the third day after purchase, we noticed that on a normal short wash the machine was making a strange clunking noise. At first we thought there was something stuck - a button or something clicking around in the drum. But the noise got louder and louder and it became clear it was coming from the workings of the machine. We decided to let the wash finish (about 3 minutes were left of a 15 minute cycle) and then see if we could find a problem. However, once the machine entered the spin cycle things got a bit strange. The spin got faster and faster and not only wouldn't it stop, it wouldn't even slow down. I don't know if a belt broke or what, but is just kept speeding up and up until the room was shaking and it sounded like a flippin jet engine. It was clear it wasn't going to slow down at all so we turned it off altogether. The clothes in the machine were wrecked and the elastic was torn out of most of them. We took some videos of the neverending spin and some pictures of the ruined clothes too. I hate to think what would've happened if we hadn't been home to shut the machine off.

We don't want this machine. It was obviously not fit for purpose if it broke after a few regular washes. Three days? That's just not on. I would accept a refund, or even store credit because we do still need a new machine!

My question is, am I within my rights to refuse a repair on this machine? I don't think that after such a short time with so few washes that the machine would have broken like this unless there was an inherent fault at the time of purchase. We don't want this model or even this brand!

Am I within my rights to demand a refund, do you think? What about the destroyed clothes, which we have pictures of? Would they cover those? I'm not looking to screw over the shop, I just don't think it's fair that our things were wrecked by a faulty machine!

Any ideas or experiences with this kind of thing would be great!

MarkR

The retailler is entitled to offer a repair, refund, or replacement. Their choice though.

http://www.nca.ie/nca/faulty-goods

Have a look through this, may help.

Melendez

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MarkR

Melendez wrote: »

This post has been deleted.

That's the first thing that popped into my head actually, but that's on every new washing machine. Hopefully the plumber had actually seen a washing machine before, and knew to remove it.

OP, did the plumber just attach some hoses, or did he open up the machine at all?

Fish Bloke

We did actually take out transport screws and packaging. The machine was working fine for several washes before hand though. It's like something broke suddenly.

From what I've read on the NCA link, this counts as a major fault. It's not a little scrape on the paint - it's the drum running away with itself to the point we felt we were in danger of something going very wrong!

mathepac

MarkR wrote: »

The retailler is entitled to offer a repair, refund, or replacement. Their choice though..

That's assuming the defect was a manufacturing or design and not caused by the plumber who installed the machine or the delivery-man, etc.

P. Breathnach

MarkR wrote: »

The retailler is entitled to offer a repair, refund, or replacement. Their choice though...

Agreed.

While it was an alarming event, you should try to think yourself beyond your reaction to it. Something clearly went wrong. The same sort of thing might have happened with a machine from a different manufacturer, or at a different point in its life cycle.

I have found the Australian retailer quite good at dealing with problems. The main thing (as in dealing with any supplier) is to avoid letting my emotions interfere with communication, and having a reasonable idea of what would be a satisfactory result. In brief: be calm, and don't demand too much. There is a fair chance that they might accept a position that you have lost confidence in the machine.

Fish Bloke

Good advice. I'm not one to get angry or rant so I won't be jumping down anyone's throat, but I know what you mean about being reasonable.

I still believe the fault appears to be too severe and to soon after purchase so I'll be angling for the refund, or as I said, a credit note towards a different machine. Bad taste in my mouth, it happens to us all!

MarkR

Fish Bloke wrote: »

Good advice. I'm not one to get angry or rant so I won't be jumping down anyone's throat, but I know what you mean about being reasonable.

I still believe the fault appears to be too severe and to soon after purchase so I'll be angling for the refund, or as I said, a credit note towards a different machine. Bad taste in my mouth, it happens to us all!

I'd be doing the same, aim high and all that. Be polite, but firm. It's likely that they will want to examine it for signs of physical damage or improper installation. For all they know, you could have done anything to it!

https://www.youtube.com/watch?v=1TqBSI8ZBzQ

What's with the Australian retailer mention, this is hardly normal not to name them?

dudara

Get in touch with the retailer, and explain what happened. It sounds like quite a serious incident, but the whole issue of correct installation will probably need to be eliminated first.

Let's just see what the retailer says first, before we start offering detailed advice.

foggy_lad

MarkR wrote: »

The retailler is entitled to offer a repair, refund, or replacement. Their choice though.

Not true, They can offer to repair or replace or refund but they do not get to insist on one remedy over another, if you don't want to accept a repair they must take your reasons into account or face a trip to the small claims court.

Fish Bloke wrote: »

Good advice. I'm not one to get angry or rant so I won't be jumping down anyone's throat, but I know what you mean about being reasonable.

I still believe the fault appears to be too severe and to soon after purchase so I'll be angling for the refund, or as I said, a credit note towards a different machine. Bad taste in my mouth, it happens to us all!

After three days you have the right to reject the whole machine as being a dud! Any repair is going to significantly reduce the value of your purchase by virtue of it not being a new machine any longer but a repaired machine.

Tell Harvey Norman you would like them to collect the faulty machine and after examination you will accept a refund or replacement with a different make/model in the hope the issue does not recur.

P. Breathnach

foggy_lad wrote: »

Not true, They can offer to repair or replace or refund but they do not get to insist on one remedy over another, if you don't want to accept a repair they must take your reasons into account or face a trip to the small claims court....

No court is going to rule against a retailer's choice of remedy so long as the remedy is fully effective (which, in the case of a repair, means restoring it to the condition that is appropriate - in this case, as-new).

Duckjob

P. Breathnach wrote: »

No court is going to rule against a retailer's choice of remedy so long as the remedy is fully effective (which, in the case of a repair, means restoring it to the condition that is appropriate - in this case, as-new).

^^ This

In practice, a retailer will generally be allowed the opportunity to provide a repair in the first instance.

Of course, if the repair doesn't sort you out completely, ie. the product develops a new fault or redevelops the existing fault, then you have a much stronger case to insist on a refund or replacement.

P. Breathnach

Duckjob wrote: »

...
Of course, if the repair doesn't sort you out completely, ie. the product develops a new fault or redevelops the existing fault, then you have a much stronger case to insist on a refund or replacement.

Yup. In general, a retailer is allowed one bite of each cherry, so if a repair does not work, the retailer is reduced to choosing between giving a replacement or a refund. [All within reason, of course: you can't expect a car to be replaced because the lighter socket doesn't work, and a first effort at repair doesn't solve the problem.]

RangeR

Fish Bloke wrote: »

We took some videos of the neverending spin and some pictures of the ruined clothes too. I hate to think what would've happened if we hadn't been home to shut the machine off.

You have pretty much been given the proper advice, so I can't add anything more. However, I'd love to see the video's, if you wouldn't mind putting them on Youtube. Really curious.

WIZE

can you upload the vid