|The ACCC has today issued a statement that it has received reports that consumers may not have been offered replacement or refund of the fire-risk machines, while highlighting their rights under consumer law.|
"The ACCC is investigating these reports," ACCC deputy chair Delia Rickard stated. "If consumers purchased an affected Samsung washing machine, they have the right under the Australian Consumer Law to choose their remedy, which includes a refund, replacement or repair."
The NSW government last month issued a recall of six Samsung top loader washing machine models amid concerns over the number of consumers who had not taken part in the recall.
"Don't wait until it is too late," NSW Minister responsible for Fair Trading Victor Dominello stated at the time. "It is time for consumers to take action and check the model numbers of their Samsung top loader washing machines."
Around the nation, 144,000 of the machines were sold between 2010 and 2013.
The ACCC stated it is working closely with the NSW Office of Fair Trading, which is leading the recall and addressing safety concerns associated with the products in its capacity as the NSW electrical safety regulator.
"The recalled Samsung washing machines fail to comply with the consumer guarantee of acceptable quality, as they have a major safety failure," Rickard commented. "In these circumstances, the consumers have a choice of remedy which is not overtaken by the electrical safety recall."
While the ACL consumer guarantees do not apply to goods purchased before January 1, 2011, an implied warranty of merchantable quality may apply, the ACCC stated, suggesting consumers who purchased their appliance before 2011 talk to their supplier about options for obtaining a refund or replacement.
The affected models are: