sch.1-sec.9Buyer’s obligations under statutory warranty

### sch.1-sec.9 Buyer’s obligations under statutory warranty If the buyer of a warranted vehicle believes the vehicle has a defect the warrantor of the vehicle is obliged to repair under this part, the buyer must give the warrantor written notice of the defect ( defect notice ) before the end of the warranty period and— if the warranted vehicle is 200km or less from the warrantor’s place of business when the defect notice is given—deliver the vehicle to— the warrantor to repair the defect; or a qualified repairer nominated by the warrantor, by signed writing given to the buyer of the vehicle, to repair the defect; or if the warranted vehicle is more than 200km from the warrantor’s place of business when the defect notice is given— deliver the warranted vehicle to the qualified repairer nominated by the warrantor by signed writing given to the buyer of the vehicle and nearest to the vehicle to repair the defect; or deliver, at the warrantor’s expense, the warranted vehicle to another qualified repairer nominated by the warrantor by signed writing given to the buyer of the vehicle to repair the defect. The buyer is taken to deliver the vehicle and the warrantor is taken to have possession of the vehicle if the buyer makes reasonable efforts to deliver the vehicle under this section but is unable to do so because the warrantor, or the qualified repairer nominated by the warrantor, refuses to accept delivery of the vehicle. The place of delivery under subsection (1) (a) (ii) must not be more than 20km from the warrantor’s place of business, unless the warrantor and the buyer otherwise agree. In this section— qualified repairer , for a warranted vehicle the subject of a defect notice, means a person who is, or holds the qualifications necessary to be appointed under the Transport Operations (Road Use Management) Act 1995 , section 21 to be, an accredited person to perform vehicle safety inspections for the vehicle. warrantor includes someone apparently working for the warrantor at the warrantor’s place of business. (sch.1-sec.9-ssec.1) If the buyer of a warranted vehicle believes the vehicle has a defect the warrantor of the vehicle is obliged to repair under this part, the buyer must give the warrantor written notice of the defect ( defect notice ) before the end of the warranty period and— if the warranted vehicle is 200km or less from the warrantor’s place of business when the defect notice is given—deliver the vehicle to— the warrantor to repair the defect; or a qualified repairer nominated by the warrantor, by signed writing given to the buyer of the vehicle, to repair the defect; or if the warranted vehicle is more than 200km from the warrantor’s place of business when the defect notice is given— deliver the warranted vehicle to the qualified repairer nominated by the warrantor by signed writing given to the buyer of the vehicle and nearest to the vehicle to repair the defect; or deliver, at the warrantor’s expense, the warranted vehicle to another qualified repairer nominated by the warrantor by signed writing given to the buyer of the vehicle to repair the defect. (sch.1-sec.9-ssec.2) The buyer is taken to deliver the vehicle and the warrantor is taken to have possession of the vehicle if the buyer makes reasonable efforts to deliver the vehicle under this section but is unable to do so because the warrantor, or the qualified repairer nominated by the warrantor, refuses to accept delivery of the vehicle. (sch.1-sec.9-ssec.3) The place of delivery under subsection (1) (a) (ii) must not be more than 20km from the warrantor’s place of business, unless the warrantor and the buyer otherwise agree. (sch.1-sec.9-ssec.4) In this section— qualified repairer , for a warranted vehicle the subject of a defect notice, means a person who is, or holds the qualifications necessary to be appointed under the Transport Operations (Road Use Management) Act 1995 , section 21 to be, an accredited person to perform vehicle safety inspections for the vehicle. warrantor includes someone apparently working for the warrantor at the warrantor’s place of business. - (a) if the warranted vehicle is 200km or less from the warrantor’s place of business when the defect notice is given—deliver the vehicle to— (i) the warrantor to repair the defect; or (ii) a qualified repairer nominated by the warrantor, by signed writing given to the buyer of the vehicle, to repair the defect; or - (i) the warrantor to repair the defect; or - (ii) a qualified repairer nominated by the warrantor, by signed writing given to the buyer of the vehicle, to repair the defect; or - (b) if the warranted vehicle is more than 200km from the warrantor’s place of business when the defect notice is given— (i) deliver the warranted vehicle to the qualified repairer nominated by the warrantor by signed writing given to the buyer of the vehicle and nearest to the vehicle to repair the defect; or (ii) deliver, at the warrantor’s expense, the warranted vehicle to another qualified repairer nominated by the warrantor by signed writing given to the buyer of the vehicle to repair the defect. - (i) deliver the warranted vehicle to the qualified repairer nominated by the warrantor by signed writing given to the buyer of the vehicle and nearest to the vehicle to repair the defect; or - (ii) deliver, at the warrantor’s expense, the warranted vehicle to another qualified repairer nominated by the warrantor by signed writing given to the buyer of the vehicle to repair the defect. - (i) the warrantor to repair the defect; or - (ii) a qualified repairer nominated by the warrantor, by signed writing given to the buyer of the vehicle, to repair the defect; or - (i) deliver the warranted vehicle to the qualified repairer nominated by the warrantor by signed writing given to the buyer of the vehicle and nearest to the vehicle to repair the defect; or - (ii) deliver, at the warrantor’s expense, the warranted vehicle to another qualified repairer nominated by the warrantor by signed writing given to the buyer of the vehicle to repair the defect.