Large domestic appliances, such as fridges and washing machines, are particularly expensive and not only that, their failure can cause other losses too – such as wasted food that has defrosted or flooring ruined by a leaking appliance.
What are my rights when I buy an appliance?
Primarily, the appliance sold by a trader must be
-
as described
-
be of satisfactory quality (safe, durable, free from minor defects and have an appropriate appearance and finish.
The price you pay will also help determine whether this standard has been reached. It is what a “reasonable” person would expect to receive.)
-
be “fit for (the intended or agreed) purpose”.
You can read more about these rights by visiting the Citizens Advice website.
These rights are regardless of whether you have a warranty, and may extend beyond the cover of your warranty. For more information about warranties and guarantees visit the Citizens Advice website.
What if the appliance has caused damage to other things?
You would normally look towards your home insurer in these cases to cover the cost of the damage, but it can be annoying if they charge an excess, and this may put up your insurance costs in the future. Well, in some cases it can be possible to claim for the damage an appliance has done. This will be the case if:
a) The damage caused is 'reasonably foreseeable'. How likely is it that the defect to the appliance will result in the damage complained of? A heavily leaking washing machine (which is defective) may well cause damage to a kitchen floor and this is probably reasonably foreseeable. The cost of repairing or more likely replacing that flooring may well be claimed from the retailer. However, if for instance you put the washing machine close to something valuable and this gets damaged, this is unlikely to be foreseeable, and therefore you would not be able to claim against the retailer for the damage to it.
and
b) You took reasonable steps to reduce the amount of damage once you were aware of the problem. On the other hand if you could have reasonably been expected
to have done something to limit the amount of damage caused by a defective item, but did not do so, then you may not be entitled to the cost of fixing or replacing that damage.
What are my rights if I have work done on my appliance?
If you have someone in to fix a large appliance, they must do the following:
1. Carry out the work with
reasonable skill and care
The trader must use a reasonable level of care and skill when discussing the job with you. If they suggest that work should be done that is unnecessary or not appropriate, you might be able to deduct this from your bill or ask for compensation for money that they have wasted.
If you can show that the trader has not used proper care and skill, you should ask him/her to rectify the work. In some instances, the work may be so bad or unsafe that you are justified in using another trader to have the work put right.
If the trader is unable or unwilling to rectify their work, you may be able to claim compensation for the cost of putting the job right and any other costs they have incurred. If you haven't yet paid your bill, you may be entitled to deduct the cost of putting the work right from what you owe and pay what the job is worth.
2. Provide the work at the price agreed or, if a price was not agreed, at a reasonable price.
If a price was agreed beforehand, and the work carried out as agreed, you must pay that agreed price.
If no price was agreed beforehand, then the law states that the trader must charge a reasonable price. The best guide for this is what other people in the business would charge.
These problems can be avoided by getting a clear quotation in advance so that a price is agreed beforehand.
3. The work should be done within the time agreed or, if a time was not agreed, within a reasonable time.
If you have agreed a time to start and finish the job, then this is the time that the trader should stick to. Otherwise the job should be done within a reasonable time. A good guide would be how long someone else in the profession would take to do that job.
Is this the same for my gas appliance?
Remember that if work for a gas appliance is required, the person you have should be a member of Gas Safe
.
What about if I am having electrical work done?
Similarly, if you have certain electrical work being undertaken, that person will need to be “Part P” competent:
How can I resolve my dispute with the trader?
If the issue relates to an appliance that you have bought, and you paid for it on a credit card, this may provide you with a claim against your credit card company. Visit our Protection on your credit card pages to read more.
If you didn’t pay on a credit card, or the credit card company is refusing to assist you, see our pages on Resolving a dispute with a trader.
Where can I get further advice?
Our partner organisation, The Citizens Advice Consumer Service, can provide you with further advice on 0845 4040506.