Motor Car TradersAct 1986
SECOND-HAND MOTOR CAR STATUTORY WARRANTY
Section 54 of the Motor Car Traders Act 1986 prov ides that a statutory warranty be given be a moto r car trader who sells a second -hand
motor car to a person and the car ; (a) was manufactured not more than 10 years before the date it is sold; and (b) has been dr iven for
less than 160,000 kilometres. The Act says that , subject to certain provisions , the motor car trader warrants that if a defect appears in the
motor car before the end of the statutory warranty period , be ing the shorter of 5,000kms or 3 months , the motor car trader at her, his or its
own expense - (a) w ill arrange for the car to be taken to a place where it can be repa ired or made good ; and (b) wi ll repa ir or make good ,
or cause to be repa ired or made good by another motor car trader or a qualified repairer , the defec t so as to place the car in a reasonable
condition hav ing regard to its age . Motor cyc les and comm erc ial vehicles are not covered by statutory war ranty.
YO UR ENTITLEME NT EXC LUSIONS
The statutory war ranty by the selling trader prov ides for the Section 54 of the Act also describes severa l co nditions under
rect ificat ion , at no cost, of defects which occur in the vehicle which Stat utory Warranty is not provided , which includes :
before expirat ion on the statutory warran ty. A motor car has a
'defect' if one or more of its components - • The sale of a commercial ve hicle or motor cycle .
• Defects in tyres and battery
a) is no longer in proper work ing condit ion hav ing regard to its • The sale of a car to a person who has had possession or
like ly age or the number of kilometres it has trave lled; contro l of the car for at least 3 months prior to its sa le
• The sa le of a car so ld by auct ion at a public auction
or
Regu lation 24 of the Act provides a list of prescribed accessor ies
b) is defective to the exte nt that the car is unroadworthy or is not not covered by Statutory Warranty , as follows ;
able to be driven .
(a) radios ; (I) sealed beam lights ;
A part or unit may be worn but still be quite safe and serviceable. It (b) cassette players ; (m) fog lights wh ich are not
must be remembered that the vehicle pu rchased is second-hand (c) compact disc players ; standard to the motor car;
and many of its parts will be worn. (d) telephones and in-car (n) alarms which are not
telep hone kits ; sta ndard to the motor ca r;
It is the respons ibility of the motor car trader to repa ir the defect (e) car aeria ls; (o) dig ita l video disc playe rs and
and place the motor car in a reasonable condition having regard (f) clocks ; video display pane ls;
to its age . This could mean in some cases the use of serviceable (g) cigare tte lighters ; (p) MP3 & MP4 players & docks ;
second -hand parts may be used to effect the repair . (h) body hardware which is not (q) globa l posit ioning systems
standard to the motor car ; & satellite navigation systems;
YOUR OBLIGATIONS (i) power outlets, includi ng (r) other computerised
Statutory warra nty repairs must be effec ted by, or done at the cigarette lighter sockets ; navigat ion systems ;
direction of , the se lling trader . The se lling trader has no liab ility (j) too ls other than jac ks and (s) keyless entry systems and
for repa irs performed withou t the knowledge or authority of the wheel braces ; remote key pads that are not
trade r, nor for any towage or transport costs incurred w ithout prior (k) light globes; standard to the motor car ;
consent.
It is your ob ligation to mainta in and service the motor vehicle and For further information , please consul t sect ions 54 and 55 of the
not misuse or abuse it. The statutory warranty does not cover Moto r Car Traders Act.
defects arising from accidental damage , misuse or neg ligence
which occur after taking delivery . Obv iously excluded are 'cosmetic' items such as body dents and
paint and trim defects .
AU STRALIAN CON SUMER LAW
Our goods come with gua rantees that cannot be exc luded under Further exclus ions may be made of the use of a 'Statement
the Australian Consumer Law. You are ent itled to a replacement of Defects ' . Whe re a 'Statement of Defects ' notice has been
or refu nd for a major failure and for compensation for any other attached to a vehicle offered for sa le and the purchaser has signed
reasonably foreseeab le loss or damage . You are also entitled dup licate copies of the not , statutory warranty wi ll not app ly to the
to have the goods repaired or replaced if the goods fail to be of items name in the notice.
acceptable qua lity and the fa ilure does not amount to a major
fai lure . HOW TO CLA IM UNDER THIS WARRANTY ?
Claims under this warranty must be made by contacting the LMCT
on the te lephone number , email or postal address below:
Melbourne's Cheapest Car Pty Ltd
648 South Road, Moorabbin VIC 3189
Tel: 9556 0777 LMCT8399
STATUTORY WARRANTY
The statutory warranty period is for 3 month or 5,000 kms whichever first occurs commencing the day after taking delivery.
Make : ..... ............................ ........................................,.,............. ... Signed : ................................... ............... ............... ..........................
(Purchaser )
Reg istration No: ......... ............... ................... .............. .................. ..
Signed : . .. .. .. ' ...................................................... ..................... ..... .
Warranty starts : ...... ........... ....... ......... .. ······································ (Licensed Motor Car Trader) (LMCT No .)
Date Km
