QLDIn ForceAct
Motor Dealers and Chattel Auctioneers Act 2014
sch.1-sec.12Warrantor’s obligation to repair defects
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### sch.1-sec.12 Warrantor’s obligation to repair defects
If the warrantor accepts that the defect in the vehicle is covered by the statutory warranty, the warrantor must repair the defect at the warrantor’s expense.
The warrantor must ensure that the defect is repaired within 14 days after the warrantor accepts that the defect is covered by the statutory warranty ( repair period ), unless the warrantor has a reasonable excuse.
Maximum penalty—200 penalty units.
The warrantor—
must, if the warrantor stops carrying on the business, or performing the activities, of a licensee, nominate someone else to repair the defect; and
may otherwise nominate someone else to repair the defect.
If the warrantor nominates a person to repair the defect under subsection (3) , the warrantor must advise the buyer of the person’s name and the address where the vehicle is to be repaired.
The warrantor is taken to have repaired the defect if the part of the vehicle affected by the defect is repaired so that it can be reasonably relied on to perform its intended function.
The warrantor’s obligation to repair the defect under this section continues even though the warrantor is no longer carrying on the business, or performing the activities, of a licensee.
(sch.1-sec.12-ssec.1) If the warrantor accepts that the defect in the vehicle is covered by the statutory warranty, the warrantor must repair the defect at the warrantor’s expense.
(sch.1-sec.12-ssec.2) The warrantor must ensure that the defect is repaired within 14 days after the warrantor accepts that the defect is covered by the statutory warranty ( repair period ), unless the warrantor has a reasonable excuse. Maximum penalty—200 penalty units.
(sch.1-sec.12-ssec.3) The warrantor— must, if the warrantor stops carrying on the business, or performing the activities, of a licensee, nominate someone else to repair the defect; and may otherwise nominate someone else to repair the defect.
(sch.1-sec.12-ssec.4) If the warrantor nominates a person to repair the defect under subsection (3) , the warrantor must advise the buyer of the person’s name and the address where the vehicle is to be repaired.
(sch.1-sec.12-ssec.5) The warrantor is taken to have repaired the defect if the part of the vehicle affected by the defect is repaired so that it can be reasonably relied on to perform its intended function.
(sch.1-sec.12-ssec.6) The warrantor’s obligation to repair the defect under this section continues even though the warrantor is no longer carrying on the business, or performing the activities, of a licensee.
- (a) must, if the warrantor stops carrying on the business, or performing the activities, of a licensee, nominate someone else to repair the defect; and
- (b) may otherwise nominate someone else to repair the defect.