Unsuitable Replacement Under Warranty

Minky20171012

I bought a Washer Dryer from Currys in 2012 (with an extended warranty).
The machine went wrong and several repairs were attempted and it was replaced at the end of September, however we did not get asked what machine we wanted we were simply told what we would get.

The old machine had a child lock on it and the new machine doesn't, this fact was only noticed within the last week when we tried to use the child lock (as our son is now 13months old and gets great enjoyment from pushing buttons and opening and closing doors - including the washing machine door).

The manufacturer have just passed us to Curry's saying that the item was replaced under currys extended warranty and Curry's have said that since the new machine has been used they will do nothing about it.

The Currys website says that to return items they must be in the original unopened packaging (but when the machine was delivered by hotpoint they removed all the packaging and installed it).

My wife is registered disabled and cannot carry loads, we also live in a very rural area so not very many laundry's near us (so we had to use the machine as we were running out of clean clothes - the old machine put oil marks onto our clothing - so we were waiting for the new machine to be delivered to do the washing).

Do we have any rights to require a safety feature that was on the old machine should also be on the replacement machine?

Does this count as a new purchase since they replaced the old machine?
Help?

Carrot007

Minky20171012 wrote: »

Do we have any rights to require a safety feature that was on the old machine should also be on the replacement machine?

Yes but they are greatly diminished since it is now installed. You should have checked out the proposed repalcement when they suggested it fo anything important to you.

Minky20171012 wrote: »

Does this count as a new purchase since they replaced the old machine?

Of course not.

IAmWales

The time to negotiate features was before you accepted the goods. As it is not faulty (and not a new purchase) you have no right of return.

Millions of people get by without a child lock. Presumably your child is always supervised in the kitchen?

Diamandis

When you were told the machine they were going to give you it was at that point you should have pointed out if there was an issue. Now it's been accepted and used you're going to have to live with it, I'm sure your kid will get bored with pressing buttons soon.

firefox1956

Keep the child out of the kitchen/ utility room...........

societys_child

Is it possible to switch it off at the socket or the isolator switch?

He can press all the buttons he wants then, although my kids were taught not to mess with things.

SouthUKMan

Minky20171012 wrote: »

I bought a Washer Dryer from Currys in 2012 (with an extended warranty).
The machine went wrong and several repairs were attempted and it was replaced at the end of September, however we did not get asked what machine we wanted we were simply told what we would get.

*** You have a reasonable expectation to a like for like replacement. However, you should not have assumed anything and should have checked with the retailer / warranty provider before accepting the washer / dryer. Now it is installed, the likelihood of you getting the machine exchanged is very slim in my opinion. ***

The old machine had a child lock on it and the new machine doesn't, this fact was only noticed within the last week when we tried to use the child lock (as our son is now 13months old and gets great enjoyment from pushing buttons and opening and closing doors - including the washing machine door).

*** As above, if this was an important feature for you then you should have checked before accepting. ***

The manufacturer have just passed us to Curry's saying that the item was replaced under currys extended warranty and Curry's have said that since the new machine has been used they will do nothing about it.

*** If they have replaced the machine with a similar spec model (bearing in mind that no two models are exactly the same), then (without seeing your warranty agreement) I rather suspect that they have met their obligations to you ***

The Currys website says that to return items they must be in the original unopened packaging (but when the machine was delivered by hotpoint they removed all the packaging and installed it).

*** These terms / conditions are very common. The machine is not faulty, so you have to abide by them - bearing in mind the above points already made about you needing to shoulder some of the responsibility for ensuring the washer / dryer met your requirements before accepting it ***

My wife is registered disabled and cannot carry loads, we also live in a very rural area so not very many laundry's near us (so we had to use the machine as we were running out of clean clothes - the old machine put oil marks onto our clothing - so we were waiting for the new machine to be delivered to do the washing).

*** Sorry, but that has no bearing on your rights ***

Do we have any rights to require a safety feature that was on the old machine should also be on the replacement machine?

*** Possibly, you could have had a case if you had been able to demonstrate that the safety feature was one of the mains reasons for you choosing the old washer / dryer . However, this is difficult to argue and as already stated, the moment for arguing this has passed by ***

Does this count as a new purchase since they replaced the old machine?
Help?

*** No. The law is quite clear here. The replacement does not count as a new purchase. ***

The moral of the story is to check before accepting. You are entitled to ask questions - and the time to do so is before there is a problem, not after.

pinkshoes

Put a stair gate across the kitchen door and say NO to touching it.

You needed to inquire about the replacement before using it.

SuperHan

As above.


If you told Currys that this was a key feature, you might be in a different place. Although even then it'd be down to he-said-she-said.