Dishwasher: wear and tear vs not fit for purpose

colinotwo

Hello. I am new so please be gentle.

New dishwasher bought Oct 2011. Used as most families of five would i.e. daily. It's now reporting regular fault with "alternate valve". Have reported to retailer in an attempt to get them to agree to carry out a repair.

The retailer has said I should get an engineer out at my expense to see what is wrong (not to perform repair at this stage). They have said they will refund depending on findings and on receipt of VAT invoice.

I think this is all OK under SOGA - so far.

I asked for information about what they would need to see in an engineer report in order to process a claim. They said they will happily accept a report and take action "where the engineer states that the fault was present from the outset and is not related to wear and tear."

Now, I have a feeling this is a bit of a swizz. I am a reasonable person, however, and I might be wrong.

But my feeling is:

- of course, over time, parts of a dishwasher might seize up and need replacing
- however, from manufacture, the machine should be durable and operate satisfactorily under normal conditions for a reasonable period of time
- less than two years is not a reasonable period of time
- therefore the dishwasher is not "fit for purpose" and I'm covered by SOGA

Am I right, or is what I'm describing actually genuine wear and tear meaning that I've got no option but to pay the cost of repair or attempt it myself (money's too tight for mention)?

I am sure the forum is full of people asking this question: sorry if my search skills are not good enough.

Grateful for your expert views!

wealdroam

The phrase that should've been used is "fair wear and tear".

If something is wearing quicker that it should, then that is a fault in the product that was present at the time of sale... an inherent fault.

As you say, the Sale of Goods Act places the onus on you to prove that the goods were inherently faulty, and to do that you need a report that says the problem is not due to fair wear and tear or user misuse.

Check that any filters etc are clear before getting that report, as you will be left with the bill for the report if the problem is not found to be inherent.

Just to add:
An example of misuse could be using the thing in a hardwater area without salt. The calcium build up would possibly lead to the symptom you describe.
Of course, I have no idea whether this led to your problem, just trying to give you some idea of a fault that could occur which is not an inherent fault.