25AObligations of dealer to repair defects in motorcycles

25A Obligations of dealer to repair defects in motorcycles (1) Subject to this section, if— (a) a dealer sells to a person a new motorcycle or a demonstrator motorcycle; and

(b) before— (i) the motorcycle has been ridden for 10 000km after the sale; or (ii) the end of 6 months next following the date of the sale; whichever is the earlier; a defect in the motorcycle occurs or becomes apparent to the purchaser the dealer shall, at the dealer’s own expense, repair or make good, or cause to be repaired or made good, the defect so as to place the motorcycle in a reasonable condition having regard to its age. (2) Subsection (1) applies to a defect whether or not that defect existed at the time of the sale. (3) The dealer’s obligation under subsection (1) shall be taken to be a term of the contract of sale relating to the motorcycle. (4) A dealer is not liable under this section in relation to a defect in a motorcycle if the defect— (a) arises from, or is incidental to, accidental damage suffered by the motorcycle after the purchaser took delivery of the motorcycle from the dealer; or (b) arises from misuse of the motorcycle or negligence by a rider of the motorcycle, or from the use of the motorcycle for motorcycle racing or motorcycle rallying, after the purchaser took delivery of the motorcycle from the dealer; or (c) consists of damage to, or wear of, tyres or any accessory of the motorcycle; or (d) consists of superficial damage to the paintwork or upholstery of the vehicle that would have been apparent on a reasonable inspection of the motorcycle carried out at the time of delivery of the motorcycle from the dealer or of the sale, whichever is the earlier.

(5) A dealer is not liable under this section in relation to a defect in a motorcycle sold by the dealer where the motorcycle is— (a) a motorcycle that has been in the possession, or under the control, of the purchaser continuously for not less than 3 months immediately before the date of the sale; or (b) a motorcycle that is sold by auction; or (c) a motorcycle or a motorcycle included in a class of motorcycles that has been declared by the Minister, in writing, to be a motorcycle or a class of motorcycle in relation to which this section does not apply; or (d) a motorcycle that is sold to a person who is a trade owner. (6) A declaration under subsection (5) (c) is a notifiable instrument. (7) This section does not apply to a sale to the Territory.