Consumer guarantees act on appliance gifted

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Stu1

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#315376 9-Jul-2024 18:56

I brought a washing machine for my mother as a POA in July 2019. She passed away and as part of the estate I ended up with the machine. Today the machine had smoke bellowing out it and filled the laundry with smoke. I had to quickly unhook it and move it outside. The machine was purchased in July 2019 it was an Electrolux so reasonable quality . I think that a machine should last longer than 4 years and shouldn’t catch on fire, can a POA or a court appointed guardian make a claim under the CGA if the beneficiary has passed away?

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#3257855 9-Jul-2024 19:00

I would say yes if you have a copy of the receipt

Stu1

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#3257859 9-Jul-2024 19:09

Linux:

I would say yes if you have a copy of the receipt

I have the receipt and the POA docs, I brought a new one today as I really needed one. The machine is in the garage will get it checked by a technician, it’s pretty toasted

mrdrifter

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#3257884 9-Jul-2024 20:38

Stu1:
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I would say yes if you have a copy of the receipt

I have the receipt and the POA docs, I brought a new one today as I really needed one. The machine is in the garage will get it checked by a technician, it’s pretty toasted

I wouldn't even start with the POA docs, simply start the conversation with the retailer with the receipt.
I dealt with a CGA claim for a laptop on behalf of my mum and never got asked for anything apart from the receipt.

Stu1

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#3257886 9-Jul-2024 20:55

@mrdrifter The receipt has her name on it as they just added it to the name of the account as she had brought before from there so wasn’t sure if I can claim if the receipt is not in my name.

eracode

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#3258006 10-Jul-2024 09:03

Stu1:

I brought a washing machine for my mother as a POA in July 2019. She passed away and as part of the estate I ended up with the machine. Today the machine had smoke bellowing out it and filled the laundry with smoke. I had to quickly unhook it and move it outside. The machine was purchased in July 2019 it was an Electrolux so reasonable quality . I think that a machine should last longer than 4 years and shouldn’t catch on fire, can a POA or a court appointed guardian make a claim under the CGA if the beneficiary has passed away?

Hasn’t it been five years?

Sometimes I just sit and think. Other times I just sit.

eracode

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#3258008 10-Jul-2024 09:08

Stu1:

@mrdrifter The receipt has her name on it as they just added it to the name of the account as she had brought before from there so wasn’t sure if I can claim if the receipt is not in my name.

Even though the receipt is in her name, you paid for it and can prove that via your credit card or bank account statement.

Sometimes I just sit and think. Other times I just sit.

Rickles

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#3258018 10-Jul-2024 09:26

IMHB, Warranties and CGA are in respect of the appliance, not the purchaser.

As well as approaching the retailer with appropriate documentation, check with your insurer.

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geek3001

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#3258094 10-Jul-2024 12:37

Stu1:

I brought a washing machine for my mother as a POA in July 2019. She passed away and as part of the estate I ended up with the machine. Today the machine had smoke bellowing out it and filled the laundry with smoke. I had to quickly unhook it and move it outside. The machine was purchased in July 2019 it was an Electrolux so reasonable quality . I think that a machine should last longer than 4 years and shouldn’t catch on fire, can a POA or a court appointed guardian make a claim under the CGA if the beneficiary has passed away?

If by POA you mean a Power of Attorney or Enduring Power of Attorney, and you were intending to try to use that document now or infer that you are still a Power of Attorney, be aware that the document and your (previous) role as POA, no longer has any legal meaning as a result of your mother's passing.

Powers of Attorney and Guardianship cease at the time of death of the Donor (your mother). Attempting to try to assert any of those after the death of the Donor could land you in hot water legally.

If you now possess the washing machine as part of the distribution to you of your mother's estate, then you are now the machine's effective legal owner and the merchant you dealt with previously should deal with you for any post-sale and warranty / service issues.

*IANAL however I have had significant experience with both EPOA and Estate matters for my parents over the last ten years.

Stu1

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#3258103 10-Jul-2024 13:05

eracode:
Stu1:

I brought a washing machine for my mother as a POA in July 2019. She passed away and as part of the estate I ended up with the machine. Today the machine had smoke bellowing out it and filled the laundry with smoke. I had to quickly unhook it and move it outside. The machine was purchased in July 2019 it was an Electrolux so reasonable quality . I think that a machine should last longer than 4 years and shouldn’t catch on fire, can a POA or a court appointed guardian make a claim under the CGA if the beneficiary has passed away?

Hasn’t it been five years?

Sorry rechecked date was 27/09/19 so 4 years ,9 months and 13 days

Stu1

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#3258104 10-Jul-2024 13:07

geek3001:
Stu1:

I brought a washing machine for my mother as a POA in July 2019. She passed away and as part of the estate I ended up with the machine. Today the machine had smoke bellowing out it and filled the laundry with smoke. I had to quickly unhook it and move it outside. The machine was purchased in July 2019 it was an Electrolux so reasonable quality . I think that a machine should last longer than 4 years and shouldn’t catch on fire, can a POA or a court appointed guardian make a claim under the CGA if the beneficiary has passed away?

If by POA you mean a Power of Attorney or Enduring Power of Attorney, and you were intending to try to use that document now or infer that you are still a Power of Attorney, be aware that the document and your (previous) role as POA, no longer has any legal meaning as a result of your mother's passing.

Powers of Attorney and Guardianship cease at the time of death of the Donor (your mother). Attempting to try to assert any of those after the death of the Donor could land you in hot water legally.

If you now possess the washing machine as part of the distribution to you of your mother's estate, then you are now the machine's effective legal owner and the merchant you dealt with previously should deal with you for any post-sale and warranty / service issues.

*IANAL however I have had significant experience with both EPOA and Estate matters for my parents over the last ten years.

Thank you that’s really good info , I guess it comes down to what is a reasonable time for a washing machine to last 5 years is probably the max these days

alasta

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#3258124 10-Jul-2024 14:04

I would be very annoyed if my washing machine died at 5 years of age. My LG fridge and microwave are 12 years old and still running fine.

trig42

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#3258180 10-Jul-2024 14:47

5 years is an incredibly short time for a washing machine IMO. Especially an Electrolux - they are a 'higher end' brand.

Consumer NZ says up to 10 years is a reasonable life for a washing machine.

Stu1

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#3258220 10-Jul-2024 17:26

trig42:
5 years is an incredibly short time for a washing machine IMO. Especially an Electrolux - they are a 'higher end' brand.

Consumer NZ says up to 10 years is a reasonable life for a washing machine.

Talked to the retailer today plan is book an assessment which I’ve done for next Monday and then go from there. The retailer did agree that 5 years is not responsible, they don’t stock that brand anymore for whitewhare so will be interesting what comes out of it

Stu1

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#3258244 10-Jul-2024 19:54

alasta:
I would be very annoyed if my washing machine died at 5 years of age. My LG fridge and microwave are 12 years old and still running fine.

It was a bit of a shock as well the whole laundry was full of smoke, the smoke was coming through the washing machine door so assume it was the motor at the back of the machine . Had to unhook it super quick and dragged it outside . The clothes stunk with smoke but not burnt which was lucky. Never heard of a machine doing this . It’s being playing up for a month stopping with 4 mins to go or 6 mins to go. This week it was 17 mins and it would just stop. It would restart but odd behaviour. Hopefully find out what caused it next week .

Stu1

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#3277238 30-Aug-2024 17:51

Bit of any update , I have had the machine assessed , the smoke damage is from the bearings and the rubber rubbing against the bearings. I lodged a claim to the retailer and have not had much luck. Electrolux came back with the wonderfull generous response. They have no idea or care anything about the CGA. I declined it but they have again declined my request for a review. The next steps I guess will be the disputes tribunal.

Total cost: $559.66 (EHP pricing incl GST).

The consumer is one month away from 3 years out of warranty.

If this is the consumers first repair, I am more than happy to cover the parts needed for the repair.

This means Electrolux will cover $141.96 and the consumer is to pay the rest of the repair.

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