43Statutory warranty

43 Statutory warranty

(1)  In this section –

contract of sale or exchange includes a finance agreement relating to the sale, or the supply in an exchange, of a motor vehicle by a licensed motor vehicle trader.

(2)  Subject to section 45 , a licensed motor vehicle trader who sells or supplies in an exchange a warrantied vehicle warrants that –

(a) the motor vehicle is fit for the purpose or purposes for which such vehicles are commonly purchased to such extent as it is reasonable in the circumstances to expect, having regard to the age, description and price of the motor vehicle and all other relevant circumstances; and

(b) in the case of a new motor vehicle, the motor vehicle and all its parts are in working order at the time of the sale or exchange; and

(c) in the case of a used motor vehicle, the motor vehicle and all its parts are in working order at the time of the sale or exchange except as otherwise specified in the pre-sale disclosure statement relating to the motor vehicle; and

(d) in the case of a used motor vehicle, the motor vehicle complies with the information contained in the pre-sale disclosure statement.

(3)  If a licensed motor vehicle trader sells or supplies in an exchange a warrantied vehicle, the statutory warranty and any other warranties given by the licensed motor vehicle trader must –

(a) be included in the contract of sale or exchange; and

(b) be in any relevant form determined by the Director; and

(c) include any relevant prescribed information; and

(d) comply with any relevant prescribed requirements.

(4)  Subsections (2) and (3) do not apply in respect of a warrantied vehicle if the motor vehicle is sold to or exchanged through another licensed motor vehicle trader for the purpose of that other trader on-selling it.

(5)  The failure of a licensed motor vehicle trader to include the statutory warranty in a contract as required under and does not affect the operation of the warranty or the contract.