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Washing Machine just out of warranty

eddieuk11
Posts: 2 Newbie
I just need some advice really. I bought a washing machine from Tesco on 1st March last year. It has since developed a fault and is leaking water. I contacted Tesco's and their reply is there is nothing they can do as its out of warranty. I asked them about SOGA, where it states that the item purchased has to last a reasonable amount of time which this has not and their response to that was their terms and conditions overrides the law of SOGA. So when I asked him to clarify what he was telling me, he politely said yes Tesco terms and conditions when I bought the washing machine overrides the law. Is this right because it doesn't sound it to me.
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Comments
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No its not right. the Warranty rules are above and beyond that of SOGA. And the warranty rules do not replace or override law.
Its not all that surprising thou, when i worked for Tescos, they would train you as if their policy was above the law.
If you want a remedy via SOGA, then you will need to prove that the fault is inherent. If it is, then they will have no choice but to provide a remedy, but this could be a repair, replacement or refund (could be partial).
As its over 6 months, its upto you to prove its an inherent fault.
how long an item should last could depend on the price, so a cheap budget item wouldn't be expected to last as long as an experience premium product0 -
Your statutory rights cannot to be overridden unless it is to improve the situation for you. There are exceptionally few exceptions that can be and those that can require a very explicit waiver of your rights to be agreed. SOGA is not one of those cases.
Need to go back to them and hopefully find a better trained person. However as per the above, its your duty to prove its an inherent fault (ie not acceptable wear/tear or from miss use)
Whilst your Rights are with the merchant it can at times also be worth speaking to the manufacturer who may be willing to help. Our electrolux washer/dryer broke down 3 months out of warranty and they agreed to repair it FOC as a guesture of goodwill.0 -
Thanks both0
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Have you done the usual checks drainplug, outlet pipe, inlet pipe, door seal etc?0
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