54Obligations of motor car trader

54 Obligations of motor car trader

S. 54(1) substituted by No. 74/1996 s. 31(1).

(1) This section applies if a motor car trader sells a used 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 driven for less than 160 000 kilometres.

S. 54(2) substituted by No. 74/1996 s. 31(1).

(2) The warranty set out in subsection (2A) is a part of the sale contract.

S. 54(2A) inserted by No. 74/1996 s. 31(1).

(2A) The motor car trader warrants that if a defect appears in the motor car before the end of the warranty period, the motor car trader at her, his or its own expense—

(a) will arrange for the car to be taken to a place where it can be repaired or made good; and

(b) will repair or make good, or cause to be repaired or made good by another motor car trader or by a qualified repairer, the defect so as to place the car in a reasonable condition having regard to its age.

S. 54(2B) inserted by No. 74/1996 s. 31(1).

(2B) The warranty period is whichever of the following periods is the shorter—

(a) the period from when the car is delivered to the person buying it until it has been driven for a further 5000 kilometres; or

(b) the period of 3 months from the day after the car is delivered to the person buying it.

S. 54(2C) inserted by No. 74/1996 s. 31(1).

(2C) A motor car trader who offers or displays for sale a used motor car to which this section will not apply if the car is sold must ensure that there is attached to the car a notice in the form required by the regulations stating that the car is sold without any obligation under this Act to repair or make good any defects that the car may have.

S. 54(3) amended by No. 74/1996 s. 31(2)(a).

(3) For the purposes of calculating the period referred to in subsection (2B)(b), no regard is paid to any period during which the motor car trader has the motor car in possession for the purpose or purported purpose of ascertaining or carrying out the obligations under this section.

S. 54(4) amended by No. 74/1996 s. 31(2)(b).

(4) The warranty imposed by this section does not apply to or in relation to any defect—

S. 54(4)(a) substituted by No. 74/1996 s. 31(2)(c).

(a) excluded from the operation of this section by section 55; or

(b) arising from or incidental to any accidental damage to the motor car that occurred after the taking of delivery; or

(c) arising from misuse or negligence on the part of a driver of the motor car that occurred after the taking of delivery; or