The door of my washing machine exploded, can I claim a new one?
Published 21/12/2012 | 06:00
Q Vera had to deal with an exploding door. Yes that's correct, she writes that the glass in the door of her washing machine "exploded".
It's still under guarantee and while an engineer is supposed to be calling to replace the door, she writes that "one week on, they tell me they are sourcing parts and no engineer has come".
She asks: "Am I entitled to a new machine under the Sale of Goods Act as I'll be very wary of using it as I feel it's very dangerous and could have caused a lot of harm if I was near it?"
A The answer boils down to when your statutory rights apply and when your manufacturer's guarantee or warranty applies.
Your statutory rights or legal entitlements apply in every situation where a product is defective or mis-described. No one can take these rights from you and you have six years to take a claim under them.
So, yes, Vera could claim against the seller under her rights, in this case the Sale of Goods and Supply of Services Act 1980.
Your manufacturer's warranty on the other hand will last as long as is stated.
Vera doesn't mention exactly when she bought her washing machine but the likelihood is that it's only within a year or two given she still has a valid warranty.
Your rights do diminish with time and after some time has passed it is acceptable to expect a repair (or replacement door) first however.
At the same time Vera's warranty may not allow for a replacement machine. If it doesn't cover a replacement machine she'll need to go back to the seller to ask for a remedy under her rights.
It's important here to bear in mind that the warranty is a private contract between Vera and the manufacturer, the terms of which are up to them and vary from warranty to warranty. Got a question for Tina? Email firstname.lastname@example.org