The remedy you have stated “is up to the supplier and manufacturer”. There is no distinction in your statement as to what choices and outcome will result from what level of fault this may be. The ACL is not that cut and dried and so your statement is incorrect. As I stated in my post the level of fault, and possibly if the consumer created the fault, then there are different levels of outcome. The retailer or manufacturer will most likely send a repair person as the washing machine is too heavy for the buyer to return, they will try to determine what the fault is and if found to be a major fault the buyer gets the choice of outcome. Only if it is a minor fault will the seller or manufacturer be able to set the remedy and only if they undertake the repairs, refund, or replacement, in a timely manner.
No this timely fix only applies if it is about a particular definition of one of the definitions of major faults. The ACL is quite specific about what happens with a major fault (and for most no time frame of repair is mentioned).
" Available solutions
When a business sells a product with a major problem, or a product that later develops a major problem, it must give the consumer the choice of a:
- refund, or
- replacement of the same type of product.
A refund should be the full amount the consumer paid for the product. The business must not deduct an amount from a refund to take into account the use a consumer has had of the product.
Refunds should be provided in the same form as the original payment, unless the business and consumer agree otherwise.
A consumer can also choose to keep the product but be compensated for the drop in value caused by the problem."
So when a seller sells a product with a major fault or it later develops a major problem, it isn’t repair time that determines what the remedy is for a number of those reasons. The buyer has the choice when the major fault is discovered, and these are not at all based on the time frame to repair it.
The other reason that causes a major fault is when an item “can’t be used for its normal purpose, or another purpose the consumer told the seller about before they bought it, and can’t easily be fixed within a reasonable time”. This is just one of the major fault definitions and has no bearing on the other major fault reasons.
This reasonable time frame is also used when a minor fault cannot be repaired by the seller or manufacturer in a reasonable time or cannot do the repair. This is explained in the ACL minor fault section
" When the business can’t or won’t fix a minor problem
If the business can’t or won’t repair or fix the problem within a reasonable amount of time, or at all, a consumer is entitled to:
- get it done somewhere else, with the business paying the consumer back for the reasonable cost of the fix or repair
- get a refund or replacement instead
- keep the product or cancel the service contract, and be compensated for the drop in value caused by the problem.
What is a ’reasonable’ amount of time for a business to fix a problem will depend on the nature of the product or service. For example, it may take longer for a repairer to attend a house to fix an installed dishwasher than for a pair of pants to be repaired in-store."
For now, the retailer or manufacturer needs to determine what the level and reason for the fault is. If it is major they don’t get to choose the remedy. The buyer has the choice in a major fault situation. If it is minor and the retailer or manufacturer can make it good in a reasonable time, the retailer or manufacturer will get the choice. If not able to be repaired in a reasonable time or the retailer or manufacturer cannot or will not repair it, then the buyer gets the choice of remedy… If the fault is caused by the user, the retailer or manufacturer can recover any costs they have outlaid to determine the fault and if they have repaired the item then they can recover that cost as well.
As noted by @mark_m the retailer should be the one the buyer should deal with preferentially over the manufacturer. If a third party caused the issue, it will depend on if they were employed and by whom, that will determine who to approach for reparations as it may be the third party’s insurance or the third party’s own funds that are required to fund the repairs or replacement… If a buyer used a friend to carry out the work there may be no ability to recover any cost unless they have an insurance policy that covers accidental damage. In this particular case the install was done by the retailer’s employees or by third party contractors to the retailer.
