169Exclusions from duty to repair

169 Exclusions from duty to repair (1) Section 168 does not apply: (a) to defects of a kind described in subsection (2); or (b) to vehicles, or sales of vehicles, of a kind described in subsection (3); or (c) where a motor vehicle is purchased under a written contract of sale which provides expressly that the section does not apply to the sale, and the requirements specified in subsection (4) have been met before the contract is signed by the purchaser. (2) The defects referred to in subsection (1)(a) are: (a) defects arising from, or incidental to, accidental or malicious damage suffered by the vehicle after the purchaser took delivery of it from the dealer; and (b) defects arising from misuse of the vehicle after the purchaser took delivery of it from the dealer, from the negligence of a driver of the vehicle after that time, or from the use of the vehicle after that time for motor racing or motor rallying; and (c) defects arising from superficial damage to the vehicle (whether to its paintwork, its upholstery, or of any other nature) which would have been apparent on a reasonable inspection of the vehicle carried out at the time of its sale or (if earlier) its delivery from the dealer to the purchaser; and (d) defects in an accessory which was not fitted to or supplied with the vehicle at the time of its manufacture. Consumer Affairs and Fair Trading Act 1990 78 (3) The vehicles, and sales of vehicles, mentioned in subsection (1)(b) are: (a) a commercial vehicle (other than one that, at the time of its sale, is a commercial vehicle or is of a class or description of commercial vehicles to which section 168 applies because of the Regulations); and (b) a vehicle that, at the time of its sale, is a vehicle or is of a class or description of vehicles to which section 168 does not apply because of the Regulations; and (c) a used vehicle which has been continuously in the purchaser's possession or under the purchaser's control for a period of not less than 3 months immediately preceding the sale; and (d) the sale of a vehicle to a trade owner; and (e) the sale of a vehicle by auction, if the auction is conducted by a licensed auctioneer in accordance with the Auctioneers Act 1935. (4) The requirements referred to in subsection (1)(c) are: (a) that the purchaser signs a document in the approved form stating that the purchaser: (i) intends to purchase the motor vehicle under a contract of sale which excludes the application of section 168; and (ii) understands the effects of the exclusion; and (b) that the purchaser signs the document referred to in paragraph (a): (i) otherwise than at a place at which the dealer carries on business as such; and (ii) in the presence of a person nominated in writing by the Director for the purposes of this subparagraph or a police officer; and (c) that the person or police officer referred to in paragraph (b)(ii): (i) before the purchaser signs the document referred to in paragraph (a), reads to the purchaser a prescribed warning about the rights the purchaser is forgoing; and Consumer Affairs and Fair Trading Act 1990 79 (ii) after the purchaser has signed the document, witnesses the signature. (5) Additional requirements in relation to a document under subsection (4)(a) may be prescribed by regulation.