45What the statutory warranty does not cover

45 What the statutory warranty does not cover

(1)  In this section –

accessory includes an audio system, other sound system, telephone, aerial, clock, cigarette lighter, light globe, sealed beam light and any thing prescribed for the purposes of this definition;

[Section 45 Subsection (1) amended by No. 38 of 2011, s. 5, Applied:01 Mar 2012]

(2)  Except as otherwise stated in written warranties included in a contract of sale or exchange, within the meaning of section 43 , in respect of a warrantied vehicle, the statutory warranty and other warranties do not apply to any defect –

(a) that occurs in any –

(i) brake lining, pad, drum or disc; or

(ii) [Section 45 Subsection (2) amended by No. 38 of 2011, s. 5, Applied:01 Mar 2012] clutch-driven plate, clutch pressure plate, spigot bearing, clutch release bearing or flywheel clutch face; or

(iii) tyre; or

(iv) battery; or

(v) prescribed item or item of a prescribed class; or

(b) that is subject to a manufacturer's recall; or

(c) that results after delivery of the warrantied vehicle to the purchaser from –

(i) any repair which is carried out by a person not authorised by the licensed motor vehicle trader; or

(ii) failure to maintain or service the warrantied vehicle as recommended by its manufacturer; or

(iii) misuse of the warrantied vehicle; or

(iv) any negligent act or omission by the purchaser or another person; or

(v) immersion of the warrantied vehicle or any of its parts; or

(vi) overloading the warrantied vehicle; or

(vii) collision or accidental or intentional damage; or