Sale Goods Washing Machine
Buying an electrical appliance is one of the biggest investments that you are likely to make for your home. They are not cheap, and they are also something that you are going to use on a regular, if not daily basis.
The only problem with using these appliances is that they are likely to break down or develop a fault. It is a common misconception that if your appliance or any other electrical goods breaks down outside of the warranty period, then there is absolutely nothing that you can do. However, this really isn’t the case.
This is even true if you have bought a washing machine that you use on a daily basis, but you did not have any extended warranty taken out at the same time.
So what rights do You have?
The original Sale of Goods Act 1979 developed into the Sale and Supply of Goods Act 1994 and it states that any goods that are sold in the course of business must be of satisfactory quality. However, if the item is sold privately, from a private seller, then this rule does not apply.
What is satisfactory quality?
Within the Sale and Supply of Goods Act 1994, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory. This should take into account the description of goods, the price and any other relevant circumstances that could affect the quality.
Other aspects of quality can be taken into account, this includes whether the item is safe, whether it is durable and whether it is fit for purpose. In the case of a washing machine, you would expect it to wash clothes and that the washing machine would last for a reasonable period of time.
If any issues are drawn to the attention of the buyer before the sale, then the seller are not responsible for these issues. An example of this if someone buys a washer dryer, but is told that at the time of purchase that the dryer function does not work properly. As long as they have been made aware of this fault at the point of sale, the fault does not lie with the seller as the buyer was aware before they bought.
What happens if I bought a washing machine second-hand?
It doesn’t matter if the washing machine was purchased second-hand or if it was purchased in a sale, the rule of satisfactory quality will still apply.
I don’t feel that the washing machine that I have bought is of satisfactory quality, what are my rights?
If you have bought a washing machine and feel that it is not of a satisfactory, then you as the buyer have the right to reject the goods. You will need to not only alert the seller within a reasonable time frame, but also then return the goods, or ask for them to be collected.
If you reject these faulty goods, then you are entitled to receive your money back, or you could ask for the item to be repaired or replaced. This should be within a reasonable period of time and ensuring that the buyer is not inconvenienced. That said, the seller is not obliged to repair or replace the goods if it is too costly. If this is the case, then the seller should offer a refund to the buyer instead.
The rights of the buyer will last up to 6 years. That said, a washing machine may not last 6 years, especially if you use it on a regular basis.
I have spoken to my seller and told them my issues, but they are refusing to give me my money back or repair/replace the washing machine
For the first 6 months after the purchase of the washing machine, it is down to the seller to prove that any fault was not present when the goods were purchased. This usually means that the seller will usually agree to refund, repair or replace the washing machine should any faults develop within the first 6 months.
After 6 months, it is then down to the buyer to prove that the goods were faulty when they were purchased. This means that they are going to have to show that the fault could not have been caused by accidental damage. They may even need to obtain a report from an expert, someone who is independent, this may often be someone who repairs washing machine.
If a refund, repair or replacement cannot be obtained it is open to a buyer to pursue a claim through the courts. This may be heard at The County Count and taking the circumstances into account, the dispute may be allocated to the Small Claims Court, where a decision will be made.
The rights of a buyer are usually against the seller of the goods, not the manufacturers of the goods. However, that said, if the goods were paid for under the terms of a credit agreement, then the claim will normally be against the company who provided the credit.
If the washing machine was purchased using a credit card and they cost more than £100, then the buyer will have a claim against both the seller and the credit card company too.
About the author:
This article was written by a member of the Expert Answers legal advice team and posted by Lloyd Barrett. Expert Answers provides online legal advice on all aspects of UK Law to users in the United Kingdom.