Consumer guarantee rights following Samsung washing machine recall
The Australian Competition and Consumer Commission has recently become aware of reports that some consumers with recalled Samsung washing machines have been offered a repair for their recalled machine, but not a replacement or refund.
“The ACCC is investigating these reports. If consumers purchased an affected Samsung washing machine, they have the right under the Australian Consumer Law to choose their remedy, which includes a refund, replacement or repair,” ACCC Deputy Chair Delia Rickard said.
The affected units have an internal fault where condensation can penetrate an electrical connector causing deterioration which may in turn cause a fire.
The ACCC is working closely with the NSW Office of Fair Trading who is leading this recall and addressing the safety concerns associated with these products in its capacity as the NSW electrical safety regulator.
“The recalled Samsung washing machines fail to comply with the consumer guarantee of acceptable quality, as they have a major safety failure. In these circumstances, the consumers have a choice of remedy which is not overtaken by the electrical safety recall,” Ms Rickard said.
While the ACL consumer guarantees do not apply to goods purchased before 1 January 2011, an implied warranty of merchantable quality may apply, and the ACCC suggests consumers who purchased their appliance before 2011 talk to their supplier about options for obtaining a refund or replacement.
“If consumers discover they have a recalled product, they should stop using them immediately and unplug.”
For further information about the recall, please visit NSW Office of Fair Trading.
In 2013, Samsung recalled six models of top-loading washing machines manufactured between 1 February 2010 and 28 February 2013.
Model name and number details can be found on the back of the washing machine. Affected models are:
If people are uncertain whether their machine is one of those in the recall they should contact Samsung to get help. Free inspections of affected machines can be booked by calling Samsung on 1800 239 655 or by visiting: www.samsung.com.au/washingmachinerecall
For more information on the recall or for photographs of the six models visit the NSW Fair Trading or Samsung websites.
Read the NSW recall information.
Contact NSW Fair Trading.
Release number: MR 159/15
Media team - 1300 138 917