Dishwasher faulty consumer guarantee: your rights when it dies early

Your dishwasher stopped working fourteen months after you bought it. The retailer says the one-year manufacturer's warranty has expired, so there's nothing it can do.

The manufacturer's warranty is not the limit of your rights. Under the Australian Consumer Law (ACL), a dishwasher that fails after fourteen months of normal household use can give you a strong argument that it wasn't durable enough to be of acceptable quality, though age alone doesn't decide it.

Safety first. If the dishwasher sparks, smokes, smells burnt, trips the power or leaks near electrics, stop using it, and switch it off at the wall or switchboard only if that's safe. Don't run another cycle just to record the fault. Check whether it has been recalled: the ACCC's product safety guidance says the recall notice gives the next steps. A recalled machine isn't automatically unsafe under the guarantees, but if it is and you can still reject it, the ACCC says the recall remedy doesn't override your choice of refund or replacement.

Quick answer

Whether the fault is major, or can be fixed at all, decides who chooses the remedy — not whether the warranty has expired. A dishwasher must be of acceptable quality, including as durable as a reasonable consumer would expect for its kind and price, under section 54 of the ACL. If the failure is major — a reasonable buyer who knew its full extent wouldn't have bought the machine, say, or it won't wash or drain and can't be fixed easily and within a reasonable time — or it can't be fixed at all, sections 259(3) and 263 let you reject it, where your right to reject hasn't been lost, and choose a refund or a replacement of the same type and similar value if one is reasonably available; or keep it and claim the drop in its value. If the failure is non-major and can be fixed, you can require the retailer to fix it within a reasonable time, and it chooses how; if it refuses or takes too long, you can have it repaired elsewhere and recover the reasonable cost, or reject it (subject to section 262). If the fault is in the installation rather than the goods, the services rules apply instead. You may also claim other reasonably foreseeable losses you can evidence, such as water damage; avoidable loss is harder to recover.

What the law actually says

The consumer guarantees apply when a business supplies a dishwasher, in trade or commerce, to a consumer under section 3 of the ACL: the price was $100,000 or less (for purchases from 1 July 2021; $40,000 before then), or it's a kind of appliance ordinarily bought for household use. Either is enough.

The key consumer guarantees are:

• Section 54 — Acceptable quality. The dishwasher must be as fit for all the purposes dishwashers are commonly supplied for, acceptable in appearance and finish, free from defects, safe and durable as a reasonable consumer fully acquainted with its condition would regard as acceptable, given its nature, its price, what was said about it and other relevant circumstances. "Durable" does the work here: there's no fixed lifespan; use, maintenance and cause matter.
• Section 55 — Fitness for disclosed purpose. If you told the retailer or whoever negotiated the sale (expressly or by implication), or the manufacturer, that you needed a machine for heavy daily loads, or the retailer said it would handle them, it must be reasonably fit for that purpose — unless the circumstances show you didn't rely, or it was unreasonable to rely, on their skill or judgment.
• Section 56 — Match the description. If the listing described features or specifications the dishwasher doesn't have, that's a separate breach.

Major failure (you choose the remedy). Under section 260, a failure is major if any of these applies:

• a reasonable consumer fully acquainted with the nature and extent of the failure would not have bought the dishwasher;
• it departs in one or more significant respects from its description, or from a sample or demonstration model;
• it is substantially unfit for a purpose dishwashers are commonly supplied for, and can't easily and within a reasonable time be remedied to make it fit;
• it is unfit for a purpose you made known to the retailer or whoever negotiated the sale, and can't easily and within a reasonable time be remedied to make it fit; or
• it isn't of acceptable quality because it is unsafe.

For contracts made from 18 December 2020, two or more failures that aren't major on their own are together major if a reasonable consumer aware of them all wouldn't have bought the dishwasher (section 260(2)).

If the failure is major, or can't be remedied, section 259(3) lets you either reject the dishwasher — telling the retailer you reject it and why — or keep it and claim compensation for the drop in its value below the price you paid. If you reject it, and the right hasn't been lost under section 262, the retailer must refund you or, if you prefer, replace it with one of the same type and similar value if one is reasonably available (section 263). A refund is the money you paid, not store credit; the ACCC says it should be the full amount, in the same form you paid unless you agree otherwise, with no deduction for use.

Assessment isn't repair. The ACCC says a business has the right to assess a product before providing a remedy. Allow a prompt inspection, but if you've rejected a major or unfixable failure, say in writing that you don't authorise a repair.

Non-major failure that can be fixed. If the failure is less serious — say, a broken rack clip on a machine that otherwise works — you can require the retailer to fix it within a reasonable time, and section 261 lets it choose to repair, replace or refund. Reasonable time depends on the goods: the ACCC notes a repairer may take longer to attend an installed dishwasher at home than to fix something in-store. If the retailer refuses, or doesn't fix it within a reasonable time, section 259(2) lets you have it repaired elsewhere and recover the reasonable cost, or reject it, subject to section 262.

Repeated repairs. There's no rule that two or three repairs make a failure major. A repair history can support three arguments: the dishwasher is substantially unfit and can't be fixed easily and within a reasonable time, so it's major (section 260); the retailer hasn't fixed a non-major fault within a reasonable time (section 259(2)); or several failures are together major (section 260(2)).

Faulty installation. Not every leak means a faulty machine. A loose drain hose, a kinked inlet or a poorly fitted built-in unit may be a failure of the installation service, which must be rendered with due care and skill (section 60). The services remedies in sections 267 to 269 run against whoever supplied the installation: often the retailer, if you paid it for both, or a separate installer (check your receipt, checkout screen and terms). For a fixable, non-major failure, require a fix within a reasonable time; if that supplier refuses or takes too long, have it fixed elsewhere and recover the reasonable cost, or cancel the contract (refund for any unconsumed part). For a major or unfixable one, cancel or claim the drop in the service's value. Cancelling may also reject a dishwasher bought with the installation, or closely linked to it, for a refund from its seller (section 270).

Other losses. Under section 259(4) you can also claim damages for other loss the failure caused — a damaged floor or cabinetry from a leak, for example, much like the ACCC's example of carpet damaged by a leaking washing machine — in addition to a repair, replacement or refund, whether or not the failure is major. The loss must have been reasonably foreseeable, and you'll need evidence linking it to the failure, such as photos and plumber or repairer receipts. You can't recover the same loss twice, such as a cost the retailer, installer or manufacturer already paid. Take safe steps to stop further damage, since avoidable loss is harder to recover. Section 259(5) excludes these damages where the failure happened only because of a cause independent of human control after the dishwasher left the retailer's control.

Store policies. Section 64 of the ACL makes a contract term void to the extent it tries to exclude, restrict or modify the guarantees or your remedies, so a warranty card saying "this warranty is your sole remedy" doesn't cut down your rights on a household appliance. Telling you that you have no rights because the warranty has expired can be a false or misleading representation under section 29. For a commercial-grade machine not of a kind ordinarily bought for household use (what the machine is, not how you use it), section 64A can allow a term limiting the retailer's liability (except under the title, undisturbed-possession or no-hidden-debts guarantees) to repairing or replacing it, supplying an equivalent machine, or paying the cost of doing so, unless you show that relying on the term isn't fair or reasonable.

When this applies (and when it doesn't)

The consumer guarantees apply to your dishwasher dispute when:

• You bought it from a business acting in trade or commerce, in store or online. A gift recipient has the buyer's remedies (section 266).
• You acquired it as a consumer under section 3 (above). Using it in a business, such as a small office kitchen, doesn't by itself take you outside the guarantees; the exclusions are buying goods to re-supply them, or to use up or transform in production, manufacture or repair.

The guarantees generally do not help when:

• You bought from a genuine one-off private seller on Gumtree, Facebook Marketplace or eBay. Most guarantees then don't apply, though the ACCC says the title, undisturbed-possession and no-hidden-debts guarantees do; someone who regularly refurbishes and resells appliances may be acting in trade or commerce.
• You bought at a traditional auction run by the seller's agent, even online (eBay generally isn't one). Only those three guarantees apply, but misleading-conduct law still does.
• You caused the fault through abnormal use or physical damage.
• A specific defect was drawn to your attention before you bought, such as a clearance model sold with a noted scratch, or you examined the dishwasher before buying and that examination ought reasonably to have revealed it. That defect can't found an acceptable quality claim, but other faults still can.
• The dishwasher has already given the service life a reasonable consumer would expect for its type, price and use.

The ACL guarantee is primarily a right against the retailer, and it lasts as long as a reasonable consumer would expect, which can extend beyond the manufacturer's warranty. Separately, sections 271 and 272 may give you a damages claim (not a refund or replacement) against the manufacturer for specific failures, such as where the dishwasher isn't of acceptable quality or the manufacturer breaks its express warranty; section 273 requires you to start legal proceedings within three years after you first became aware, or ought reasonably to have become aware, that the guarantee hadn't been complied with.

What to do today

1. Check safety and recalls. Note the model and serial number and search the recall list on ACCC Product Safety.

2. Check your payment method. If you paid by card, ask your card issuer whether a chargeback is available; if you used buy now pay later, ask the provider about its dispute process. Dispute time limits follow the provider's rules, not the ACL, and may be short.

3. Gather your evidence. Proof of purchase (a receipt, confirmation email, bank or card statement, or loyalty record showing the business, date and amount), delivery and installation paperwork, photos or video of the fault and any error codes, the date you first noticed it, and a log of every service or repair — dates, what was done, and how long the machine was out of action. Confirm phone calls by email.

4. Get an independent opinion if the fault is disputed. A written report from an independent appliance technician on what caused the fault (the machine, the installation, misuse or something else), whether it's safe, and whether it can be fixed easily and within a reasonable time and at what cost, carries more weight than your own description. Ask for an inspection and report, not a repair.

5. Write to the retailer. State the date of purchase and the price, describe the fault, and say it hasn't met the acceptable quality guarantee under section 54. Give your ground: a major failure under section 260 of the ACL, that it can't be fixed at all (section 259(3)), or, if repairs have failed, that the retailer hasn't fixed it within a reasonable time. Otherwise, require a fix within a reasonable time. If rejecting, say so and whether you want a refund or a replacement. List any other losses you're claiming, with receipts. If the installation caused it, claim instead against whoever supplied the installation. Set a reasonable response deadline (14 days is a practical choice, not a legal rule).

6. Don't get rid of the dishwasher, and check who must move it. Disposing of it can cost you the right to reject (section 262). A rejected machine normally has to be returned, but where returning, removing or transporting it would involve significant cost to you because of the nature of the fault or its size, height or method of attachment, the retailer must collect it within a reasonable time at its own expense (section 263). The ACCC says businesses are responsible for paying shipping or collecting large, heavy or hard-to-remove faulty products, including installed appliances such as dishwashers, but may charge collection and inspection costs, estimated in advance, if no fault is found. Agree collection and disconnection in writing, don't disconnect a plumbed-in machine yourself or pay for either without agreement, and photograph it and get a receipt at collection.

If drafting your letter feels daunting, fairgo can generate one for you. You send it under your own name.

What if the business refuses

• Your state or territory consumer protection body. You can lodge a complaint; contact details are at /agencies. Depending on the state, it may offer conciliation, sometimes only at your request, after you've tried the business yourself, and where it considers the matter suitable. It generally can't make binding orders, force a refund or make the business take part.

• A court or tribunal with jurisdiction. Binding orders generally come from a court or tribunal, and which one can hear your claim depends on its enabling legislation, your state or territory, the parties, the type of claim and the amount, so confirm it on the official site before filing. In NSW, NCAT can hear consumer claims up to $100,000, lodged within three years of when the cause of action accrued, for goods supplied within the last 10 years. In Queensland, QCAT's consumer and trader stream is capped at $25,000. In South Australia and Tasmania, ordinary consumer claims go to the Magistrates Court, not a tribunal; in WA, some consumer matters go to the Magistrates Court and some to SAT. If you and the retailer are individuals living in different states, a court, not a state tribunal, may have to decide the claim (NCAT says this doesn't arise where a party is a company). Check the official fee page and ask about waivers.

• The ACCC. It generally doesn't resolve individual disputes, but reporting a widespread fault at accc.gov.au can help it spot wider problems.

Common mistakes

• Accepting "the warranty has expired" as the final word. The guarantee is a separate statutory right; see consumer guarantees vs warranty.

• Assuming a repair visit gives up your rights. Letting a technician attend doesn't hand the retailer the choice of remedy for a major failure, and allowing a repair isn't a section 262 ground for losing the right to reject. Still, work out whether the fault is major first, because the rejection period keeps running while repairs drag on.

• Waiting too long. The ACL has no warranty-style expiry date, but delay can make it harder to show the fault reflects a lack of acceptable quality rather than later misuse or damage. You can reject only during the section 262 rejection period, which runs from supply — not from when you noticed the fault — for as long as it would be reasonable to expect that kind of failure to show up, given the type of appliance, its likely use, and how long and how much it can reasonably be used. Rejection is also lost if you lost, destroyed or disposed of the dishwasher, it was damaged after delivery for reasons unrelated to its condition at supply, or attached to or incorporated in real or personal property and can't be separated undamaged (a plumbed-in dishwasher usually can be). After that, a repair, compensation for the drop in value or damages may still be available, within court and tribunal time limits.

Related reading

• Washing machine refund refused? When repair isn't enough
• Consumer guarantees vs warranty — what's the difference?
• What "major failure" really means under the ACL
• Business refused your refund? Here's what to do next

This article is general information about Australian Consumer Law, not legal advice. It also describes product recalls and safety steps, installation services, state and territory consumer bodies, courts and tribunals, the ACCC, card chargebacks and buy now pay later disputes, whose scope, rules, fees, deadlines and thresholds sit outside the ACL or can change. Confirm the current position with the relevant body before lodging. For advice on your specific case, see your state or territory consumer body — full list at /agencies.