By Dave Kavanagh
How often have you reported, for example, a faulty washing machine, dryer or fridge to a store after having it for about 18 months, only to be told “it’s out of warranty”? As a starting point, know your rights and be aware of shop psychology.
Under the Sale of Goods and Supply of Services Act, as a consumer, you have the right that anything you buy should be of “merchantable quality”, that is, suitable for the purpose for which it was designed. So for example, if you buy a fridge and 18 months later it stops working properly, you have the right to have it rectified, by repair, replace or refund (usually in that order). If a shop tries to tell you that the warranty was only for one year, you should point out that the warranty is a manufacturer’s extra and that your contract is with the store, it does not affect your rights under the act. The Retailer is responsible for providing these remedies within a reasonable time.
Keeping your receipt as proof of purchase is important. From the Retailer’s perspective, if a large portion of complainants, simply accept the fob off, they may just buy a new appliance or else pay for a repair. Both good news for the store as they either get an additional sale, or they are relieved of their obligation to provide a repair or replacement.
When you know your legal entitlements and communicate this firmly, it will usually result in a more favourable and correct response. Some retailers, for example Currys, try to refer you to their “Out Of Warranty” team, based in the UK. If you are not willing to hire your own appliance technician to do a report on the fault (as they appear to have none in Ireland) they then try to refer you to a UK arbitration scheme!? Remember, even if a manufacturer’s warranty has expired, the retailer remains responsible for addressing the issue. If a retailer fails to honour these obligations, consumers can seek assistance from the Competition and Consumer Protection Commission (CCPC) or pursue legal action to enforce their rights.
Dave Kavanagh QFA has been advising people financially for over 25 years. For quotes or information (with no cost or obligation) he can be contacted by emailing info@financialcompanion.ie or use the contact form on www.financialcompanion.ie or @Davekav_advice on Twitter and Instagram. Combined with his previous role of gym/nutrition adviser, he regularly gives talks and workshops at seminars and events for groups, companies and government departments on financial wellbeing, positivity and motivation. As heard on RTE 2FM , LMFM and TV3.