Washing machine refund refused Australia: when repair isn't enough

Your washing machine stops working six months after you bought it, and every call to the retailer gets the same answer: "We'll send a technician out to repair it."

Under the Australian Consumer Law, "we'll only repair it" is not always a lawful response. If the fault is a major failure, or one that can't be fixed, the choice of remedy is yours — including a full refund, as long as your right to reject hasn't been lost.

Safety first. If the machine sparks, smokes, overheats, smells burnt, trips the power or leaks near electrics, stop using it, and switch it off at the wall 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 to follow the recall notice. If the machine is unsafe, the ACCC says a recall repair doesn't override your choice of refund or replacement while you can still reject.

Quick answer

Whether the fault is major, or can be fixed at all, decides who chooses the remedy. A failure is major if, for example, a reasonable buyer who knew its full extent wouldn't have bought the machine; it is substantially unfit for ordinary washing and can't be fixed easily and within a reasonable time; it is significantly different from its description; or it isn't of acceptable quality because it is unsafe. Then sections 259(3) and 263 let you reject the machine, 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. The retailer may assess the machine first, but can't override your choice with a repair. 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 laundromat costs; avoidable loss is harder to recover.

What the law actually says

The consumer guarantees apply when a business supplies a washing machine, 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 machine ordinarily bought for household use. Either is enough. The two guarantees most relevant here are:

• Section 54 — Acceptable quality. The machine must be as fit for all the purposes washing machines 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 and what was said about it. A machine that won't complete a cycle, leaks, or fails well within the life you'd reasonably expect is unlikely to meet it.
• 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 large family 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.

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 machine;
• 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 washing machines 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, 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 machine (section 260(2)).

If the failure is major, or can't be remedied, section 259(3) lets you either reject the machine — 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 a machine 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. You choose — not the retailer.

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 drawer that sticks — you can require the retailer to fix it within a reasonable time, and section 261 lets it choose to repair, replace or refund. If it refuses, or doesn't fix it within a reasonable time, section 259(2) lets you have the machine repaired elsewhere and recover the reasonable cost, or reject it, again 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 machine 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 hose connection, poor levelling or a bad drainage set-up 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).

Other losses. Under section 259(4) you can also claim damages for other loss the failure caused — laundromat costs while the machine was out of action, or, as in the ACCC's example, carpet damaged by a leak — 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 cleaner receipts. 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 machine left the retailer's control, such as a lightning strike.

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 "we reserve the right to repair only" clause doesn't cut down your rights on a household machine. A shop sign or a salesperson's statement doesn't change them either, and telling you that you are limited to a repair 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 to repairing or replacing it, supplying an equivalent machine, or paying the cost, 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 washing machine dispute when:

• You bought the machine from a business (a retailer, an appliance chain, an online store) acting in trade or commerce. 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 washing short-stay linen, 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 fault is not something you caused.

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 machines 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). Sections 54 to 56 (quality, fitness, description) don't apply.
• You caused the fault through abnormal use — consistently overloading it well beyond its rated capacity, for example.
• A specific defect was drawn to your attention before you bought, such as a clearance model sold with a noted dent, or you examined the machine 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.

A cosmetic fault isn't automatically outside the guarantees, because acceptable quality includes appearance and finish. A dent on a new machine that still washes isn't necessarily a major failure, but it can be a failure the retailer must remedy.

The consumer guarantee is also separate from the manufacturer's warranty. The ACL guarantee is primarily a right against the retailer, and it lasts as long as a reasonable consumer would expect, given the machine's price, type and any representations made about it — which can extend beyond the warranty. Separately, sections 271 and 272 may give you a damages claim against the manufacturer, including where the machine isn't of acceptable quality or breaks its express warranty; section 273 requires you to start within three years after you first became aware, or ought reasonably to have become aware, that the guarantee hadn't been complied with. For more, see consumer guarantees vs warranty.

What to do today

1. Check safety and recalls. Stop using the machine if it's unsafe (see above). Note the model and serial number and search the recall list on ACCC Product Safety.

2. Work out whether the failure is major. Would a reasonable person have bought this machine knowing about the fault? Does it reliably do what a washing machine is for, and can the fault be fixed easily and within a reasonable time? A machine that works only intermittently, or that repeated repairs haven't fixed, can be substantially unfit for its normal purpose.

3. 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.

4. Gather your evidence. Proof of purchase (a receipt or confirmation email is best; a bank or card statement or loyalty record may be enough, if it identifies the business, the transaction and the machine clearly), any delivery and installation paperwork, written communications with the retailer, photos or videos of the fault, and a log of every repair attempt — dates, what was done, and how long the machine was out of action.

5. 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 or something else), whether it can be fixed and what that would cost carries more weight than your own description, because it comes from someone with no stake in the outcome. Ask for an inspection and report, not a repair.

6. Write a formal demand letter. Email it to the store manager or, for a large chain, head office. State the date of purchase and the price, describe the fault, and 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. Say that you reject the machine and why, whether you want a refund or a replacement, and any other losses you're claiming, with receipts. If the installation caused it, claim instead against whoever supplied the installation. Set a reasonable deadline for a response (14 days is a practical choice, not a legal rule).

7. Don't get rid of the machine, 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 it can't be returned, removed or transported without 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, but may charge collection and inspection costs, estimated in advance, if no fault is found. Agree collection and disconnection in writing, and don't pay a removalist without agreement.

If drafting that 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; you don't have to go through Fair Trading first. 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). Fees vary by forum and claim, so check the official fee page and ask about waivers. Many forums suit self-represented people, but some, including QCAT, restrict legal representation.

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

Common mistakes

• Assuming a repair visit gives up your rights. Letting a technician attend doesn't hand the retailer the choice of remedy. If the failure is major, section 259(3) gives that choice to you, and allowing a repair isn't one of the grounds in section 262 on which the right to reject is lost. No special wording is needed, though you can note in writing that you aren't giving up your rights. Still, work out whether the fault is major before agreeing, 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. 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 machine, 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 machine, 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. After that, a repair, compensation for the drop in value or damages may still be available, within court and tribunal time limits.

Related reading

• Dishwasher faulty? Your ACL rights explained
• What "major failure" really means under the ACL
• Replacement vs repair vs refund — which remedy can you choose?
• 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, removal and collection arrangements, 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.