46Repair under warranty

46 Repair under warranty

(1)  A licensed motor vehicle trader must repair any defect in a warrantied vehicle at no cost to its owner if –

(a) at the time the defect occurred, the written warranties included in a contract of sale or exchange, within the meaning of section 43 , applied to the defect; and

(b) the defect was not specified in the pre-sale disclosure statement relating to the warrantied vehicle; and

(c) there is no warranty given by the manufacturer that applies in respect of the warrantied vehicle, or a claim for repair of the defect has been made under a warranty given by the manufacturer but refused by the manufacturer or his or her agent; and

(d) the claim for the repair of the defect was made –

(i) within 7 days after the defect was first discovered or any longer period stated in the written warranties included in a contract of sale or exchange, within the meaning of section 43 ; or

(ii) if a claim was first made to a manufacturer under a warranty given by the manufacturer, within 7 days after the owner received notice that the manufacturer or his or her agent refused the claim.

(2)  A licensed motor vehicle trader who repairs a defect in a warrantied vehicle as required under subsection (1) must –

(a) carry out the repair in a manner that conforms to accepted industry standards; and

(b) carry out the repair in such a manner as to ensure that the motor vehicle once repaired –

(i) 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 any prescribed circumstances and all relevant circumstances; and

(ii) is in a reasonable condition having regard to its age, the description and price of the motor vehicle, any prescribed circumstances and all other relevant circumstances; and

(c) comply with any prescribed requirements.

(3)  A licensed motor vehicle trader may repair a defect in a warrantied vehicle as required under by carrying out the repair himself or herself or by arranging for it to be repaired by another person.