To be asking for a refund

[thecheekofthem]

We bought a high end washing machine in August 2012 and just had the door replaced for the fourth time under warranty. It just keeps breaking and coming off. Never happened before so it's the machine not us slamming it.

Do we ask for a refund? Would my credit card refund me? Cost was £600

The trouble is, a warranty is a commitment to repair or replace defective parts only within a specified time frame. When does the warranty run out on your machine?

I'm no expert but I would take this up with the shop or retailer. You bought a 'high end' appliance costing more than average in good faith it would last.

The key phrase for you to quote to them is ‘Merchantable Quality’.

Maybe this model has an ‘inherent fault’, that is an error in design. If this design error was present at the time of sale, (even if you didn’t immediately notice it), it means that the product was not of satisfactory standard, and so would not be considered to be of ‘merchantable quality’ under the Sale of Goods Acts and Regulations.

Goods are considered to be of ‘satisfactory’ ie 'merchantable' quality if they reach a standard that a reasonable person would regard as satisfactory, given things such as description and price.

Durability is one of those things that you, a ‘reasonable person’ should be able to expect, and how much durablity would depend upon what you had bought.

I know two years post-purchase is quite a long time ago but assuming there's no heavy handed treatment, I don't think a reasonable person would expect a washing machine door to keep failing! Have you checked online to see if the particular model you have is prone to this happening?

Thanks

Have done a Google search and don't see anything

Not very optimistic about retailer. If I ask them and they say no will the CC company give me a refund

YANBU to ask for a refund.

After 6 months it is up to you to prove that any fault is inherent, by an independent report (that you must pay for, but the cost is recoverable if the fault is proved to be there from manafacture).

The retailer is the one who you have the contract with, but it is simply untrue for others to state that you can get a refund, the choice of refund, repair or replace is not yours to make, but the retailers, and they will choose which is least costly for them.

They are also entitled to reduce any refund (if they agree), to take account of how long you've had the machine.

Firstly though you have to prove the machine has an inherent fault.

The credit card company is indeed jointly liable, so it may be worth pursuing through them.

The machine may operate and function as expected but is rendered useless every time the door fails.

Obviously no-one here can predict whether you will get a refund full or not but nothing ask, nothing get.

Try contacting the trader first then if that's not possible or the trader doesn't respond go through the credit card company.

"The European Directive 1999/44/EC says all EU countries have to ensure a retailer could be held liable for all "non-conformities" which manifest within two years from delivery.

However, because the Sale of Goods Act (SOGA) meets or exceeds most of the directive's requirements, this overrides the EU directive. The act requires three things: the goods must be as described; they must be of satisfactory quality, which is determined by description, price, durability, freedom from minor defects; and they must be fit for purpose.

Because manufacturers tend to give one year's warranty on goods, retailers will usually push you in their direction if the product breaks inside the first year.

However, SOGA provides cover for goods bought for up to six years – in England and Wales. This means if a TV fails after 13 months, you still have rights. Assuming the item has failed through no fault of yours, and it was "reasonable" to expect it to last longer – given its cost/quality – you should demand, under the Sale of Goods Act, that it be replaced or repaired by the retailed, not the manufacturer. Once the item is six months old, the onus is on you, the consumer, to show the item failed as a result of a manufacturing fault."

Thanks

Have called the manufacturer and asked for a copy of their report. If they say it's a product fault hopefully I won't need an independent report

Not having luck with the report. Can I insist?