Re: Broken washing machine:repair or replace

On Wed, 30 May 2007 21:53:11 GMT, Ken Baker
<hanfordbaker@xxxxxxxxxxxxx> wrote:

I bought a washing machine around five months ago from an online retailer.
The machine was always very noisy, but I paid this little heed as I only
used it when I was out of the house. A couple of days ago the machine
failed quite spectacularly, displacing the top panel. A cursory examination
inside indicates that a concrete ballast weight was incorrectly secured
during manufacture (only one of the three holes is bolted down), and has
come free, causing extensive damage to the machine, including a large hole
in the waterproof housing of the drum.

I contacted the manufacturer (I realise the seller is actually liable, but
they directed me to the manufacturer), who is sending an engineer to
examine it, and determine if it can be repaired (though it seems likely to
me that it is beyond economic repair).

I know that I am entitled to a repair or replacement, but am curious as to
who decides which of these options is persued, myself or the manufacturer.
Frankly I'd rather have a replacement, as there is no telling what other
damage has been done to the machine.

Any opinions gratefully received.


My opinion is the opposite to Tim's. :-)

Generally, it is the *buyer's* choice whether to have a repair or
replacement.

BUT, that is subject to the caveat that the option chosen must not be
"disproportionate".

It isn't totally clear from the legislation as written in the UK, but
the EU directive which it implement is quite specific that it should
be the buyer's choice, and when the courts are faced with ambiguity,
they will go to the directive to see if it can be clarified.
--
Alex Heney, Global Villager
I tried to drown my problems but they can swim!
To reply by email, my address is alexATheneyDOTplusDOTcom
.

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