Samsung washing machine recall: your consumer rights

The affected models

Samsung top-loading machines with model numbers SW75V9WIP, SW65V9WIP, SW80SPWIP and SW70SPWIP manufactured between 2010 and 2013. Samsung front–loading machines are not affected.

Our safety advice

If you own one of the affected models we suggest until the machine is either repaired or replaced that you use it very carefully.

• Keep close to the machine while it is washing, and check it regularly.
• If it starts to smell hot or you smell smoke, turn it off at the wall immediately.
• Only do cold washes. The Samsung machines concerned come with a warning sticker that says: Do not install this product in a humid location such as a bathroom or a location exposed to water. (rain etc.). Warm or hot washes will raise the humidity in and around the machine.

Samsung’s response

It says: While Samsung is confident that its rework will fully resolve the issue with the affected washing machines, Samsung will afford customers any other remedy they are entitled to under the Consumer Guarantees Act.

Samsung has offered to repair all the affected machines by sealing the electrical connectors which are at risk of water penetration. This solution was discussed with the government’s Energy Safety office before Samsung initiated the recall.

Samsung says its rework solution will cause the least amount of disruption to customers, and will enable customers to begin immediately operating their machine in a normal way.

If you want to have your machine repaired, call 0800 855 502, or 0800 162 888 any time from 6am to midnight, weekends included, or email [email protected] to arrange an authorised technician to service the machine. More information can be found at www.samsung.com/nz/support/rework.

Your right to a refund

If you bought one of the Samsung top-loading washing machines that are being recalled, the Consumer Guarantees Act (CGA) says you may be entitled to a replacement or refund instead of the repair offered by Samsung.

In our opinion, these machines do not meet the guarantee of acceptable quality under the CGA. To meet this guarantee, goods must be safe and durable. We say these machines no longer meet this guarantee because a number of the affected models have caught fire, here and in Australia, some causing substantial damage.

Your rights may depend on when you bought the machine.

If you bought one of the models listed after the recall was made in New Zealand, which was delivered with the modifications done, we think Samsung can claim it has fixed the problem.

If the machine was not modified before it was delivered, you have a right to claim a refund as it has a known and “substantial” fault. However, Samsung says it advised all retailers not to sell any of the machines as soon as the recall was issued.

Anyone who bought one of the affected models before the recall was announced on May 1 is entitled to claim a replacement or refund because the machines do not meet the guarantee of acceptable quality.

The CGA says where there is a “substantial fault” anyone who owns an affected machine can reject the product and choose a replacement of the same type or similar value or a full refund of the purchase price. The retailer cannot choose the remedy where there is a substantial fault.

Making a claim

Start by contacting the retailer who sold you the machine. Say you are claiming a refund because the machine does not meet the CGA guarantee of acceptable quality, as the model is not safe or durable.