What the statutory warranty does not cover
45 What the statutory warranty does not cover
In this section – accessory includes an audio system, other sound system, telephone, aerial, clock, cigarette lighter, light globe, sealed beam light and any thing prescribed for the purposes of this definition;
Except as otherwise stated in written warranties included in a contract of sale or exchange, within the meaning of section 43, in respect of a warrantied vehicle, the statutory warranty and other warranties do not apply to any defect – that occurs in any – brake lining, pad, drum or disc; or clutch-driven plate, clutch pressure plate, spigot bearing, clutch release bearing or flywheel clutch face; or tyre; or battery; or prescribed item or item of a prescribed class; or that is subject to a manufacturer's recall; or that results after delivery of the warrantied vehicle to the purchaser from – any repair which is carried out by a person not authorised by the licensed motor vehicle trader; or failure to maintain or service the warrantied vehicle as recommended by its manufacturer; or misuse of the warrantied vehicle; or any negligent act or omission by the purchaser or another person; or immersion of the warrantied vehicle or any of its parts; or overloading the warrantied vehicle; or collision or accidental or intentional damage; or water freezing; or racing, pace-making, reliability-trialling, speed-testing or hill-climbing; or modification of the warrantied vehicle from the manufacturer's specifications carried out by a person not authorised by the licensed motor vehicle trader; or prescribed circumstances or circumstances of a prescribed class; or that does not render, or is not likely to render, the warrantied vehicle unroadworthy or unserviceable, including a defect that occurs in any accessory, glass, trim or paintwork on the vehicle; or that is prescribed or is of a prescribed class of defects.
Except as otherwise stated in written warranties included in a contract of sale or exchange, within the meaning of section 43, the statutory warranty and other warranties – do not cover or contribute towards any routine servicing of the warrantied vehicle which is recommended by the manufacturer; and do not indemnify the purchaser of the warrantied vehicle against any inconvenience, loss of time or loss of motor vehicle use caused by, or as a consequence of, any defect in the warrantied vehicle.
This provision refers to the regulations (prescribed class
, prescribed circumstances
). Made under this Act:
- Motor Vehicle Traders Regulations 2022
- Proclamation under the Motor Vehicle Traders Act 2011 (SR 2011 No. 136) · Statutory Rule · under section 2
- Proclamation under the Motor Vehicle Traders Act 2011 (SR 2012 No. 6) · Statutory Rule · under section 2
This Act’s bill:Explanatory notesSecond reading speech
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