Motor dealers and chattel auctioneers Form 12

Cooling-off period and statutory warranty

Motor Dealers and Chattel Auctioneers Act 2014

This form is effective from 1 September 2019

Queensland
Government

A ‘class A’ statutory warranty applies when:

  • on the sale date, the odometer reading is less than 160,000km; AND
  • the built date is no more than 10 years before the sale date.

The ‘class A’ warranty period STARTS when the buyer takes possession of the warranted vehicle and ENDS, when the first of the following happens or is reached:

  1. the vehicle travels 5,000km since the time of taking possession; OR
  2. 5:00 pm on the day 3 months after the time of taking possession if that day is not a Sunday or a public holiday and on that day the warrantor’s place of business is open for business; OR
  3. 5:00 pm on the first day, after the day 3 months after the time of taking possession that is not a Sunday or public holiday and the warrantor’s place of business is open for business.

A ‘class B’ statutory warranty applies when:

  • on the sale date, the odometer reading is 160,000km or more; OR
  • the built date is more than 10 years before the sale date.

The ‘class B’ warranty period STARTS when the buyer takes possession of the warranted vehicle and ENDS, when the first of the following happens or is reached:

  1. the vehicle travels 1,000km since the time of taking possession; OR
  2. 5:00 pm on the day 1 month after the time of taking possession if that day is not a Sunday or a public holiday and on that day the warrantor’s place of business is open for business; OR
  3. 5:00 pm on the first day, after the day 1 month after the time of taking possession that is not a Sunday or public holiday and the warrantor’s place of business is open for business.

The following used vehicles are NOT covered by statutory warranty:

  1. an unregistered motor vehicle that is—
    1. incapable of being registered in Queensland because of its design; or
    2. a written-off vehicle; or
  2. a motor vehicle sold on consignment, unless the owner of the vehicle is a motor dealer or auctioneer; or
  3. a caravan; or
  4. a motorcycle; or
  5. a commercial vehicle.

A commercial vehicle is a motor vehicle built mainly for carrying or hauling goods or designed to carry more than nine persons but does not include a utility with a nominal load carrying capacity of one tonne or less.

The ‘class A’ and ‘class B’ statutory warranty covers:

The warrantor of a warranted vehicle guarantees that—

(a) the vehicle is free from defects at the time of taking possession and for the warranty period; and

(b) defects in the vehicle reported during the warranty period will be repaired by the warrantor free of charge.

A warranted vehicle has a defect if a part of the vehicle does not perform its intended function OR a part of the vehicle has deteriorated to an extent where it can not reasonably be relied on to perform its intended function.

Both ‘class A’ and ‘class B’ statutory warranties do not cover:

  • a defect in the vehicle’s paintwork or upholstery that should have been apparent on any reasonable inspection of the vehicle before the time of taking possession;
  • a defect in the vehicle’s paintwork or upholstery that should have been apparent on any reasonable inspection of the vehicle before the time of taking possession;
  • a defect after the time of taking possession—
    1. arising from or incidental to any accidental damage to the vehicle; or
    2. arising from the buyer’s misuse or negligence; or
    3. in an accessory to the vehicle not fitted to the vehicle when sold to the buyer;
  • a defect in the vehicle’s fitted airbag;
  • a defect in the vehicle’s installed audio entertainment device; for example: a radio, CD player or a digital audio device, that performs a comparable function; and a defect in any of the following—
  • a tyre or tyre tube;
  • a battery;
  • a light other than a warning light or a turn indicator light used as a hazard light;
  • a radiator hose;
  • a radio aerial or other aerial;
  • spark plugs;
  • distributor points;
  • wiper rubbers;
  • oil or an oil filter;
  • a fuel filter or air filter;
  • a hose for a heater unit.

In addition, a ‘class B’ statutory warranty does not cover air conditioning.

Buyer’s obligation regarding warranty

If a repair is required under statutory warranty, the buyer must give written notice to the warrantor prior to repair.

Once the buyer gives written notice of the defect to the warrantor, the buyer is advised that it is their obligation to deliver the motor vehicle that is to be repaired under the statutory warranty to the warrantor, or a qualified repairer nominated in writing by the warrantor, if the motor vehicle is within 200 kms of the warrantor’s place of business.

If the motor vehicle is located more than 200 kms from the warrantor’s place of business at the time the buyer gives written notice to the warrantor of the defect, the buyer must deliver the motor vehicle to the closest qualified repairer nominated in writing by the warrantor; or otherwise deliver the vehicle, at the warrantor’s expense to another qualified repairer nominated in writing by the warrantor.

Endurance Pricelist

Product Level Plan A Plan B Plan C Plan D Plan E
Qualification Criteria Any Vehicle Regardless Of Age And Distance Travelled For Vehicles 20Yrs And Under That Have Travelled Less Than 280,000Km For Vehicles 15Yrs And Under That Have Travelled Less Than 200,000Km For Vehicles 10Yrs And Under That Have Travelled Less Than 160,000Km For Vehicles 8Yrs And Under That Have Travelled Less Than 120,000Km
Covered Components & Parts Warranty Claim Limit Warranty Claim Limit Warranty Claim Limit Warranty Claim Limit Warranty Claim Limit
Engine $1,000 $2,000 $3,000 $5,000 $7,000
Differential $1,000 $2,000 $3,000 $5,000 $7,000
Gearbox/Transmission $1,000 $2,000 $3,000 $5,000 $7,000
Turbo/Super Charger $1,000 $2,000 $3,000 $5,000 $7,000
ABS Brake System $350 $750 $1,250 $1,500 $2,500
Air Conditioning $350 $750 $1,250 $1,500 $2,500
Brakes $350 $750 $1,250 $1,500 $2,500
Clutch $350 $750 $1,250 $1,500 $2,500
Cooling System $350 $750 $1,250 $1,500 $2,500
Computers $350 $750 $1,250 $1,500 $2,500
Cylinder Head & Gasket $350 $750 $1,250 $1,500 $2,500
Driveshaft & Universals $350 $750 $1,250 $1,500 $2,500
Electrical $350 $750 $1,250 $1,500 $2,500
Fuel System $350 $750 $1,250 $1,500 $2,500
Ignition System $350 $750 $1,250 $1,500 $2,500
Power Windows $350 $750 $1,250 $1,500 $2,500
Radiator $350 $750 $1,250 $1,500 $2,500
Steering $350 $750 $1,250 $1,500 $2,500
Suspension $350 $750 $1,250 $1,500 $2,500
Transmission Computer $350 $750 $1,250 $1,500 $2,500
Product Level Plan A Plan B Plan C Plan D Plan E
12 Months $870 $1,155 $1,485 $2,100 $2,685
36 Months $1,290 $1,485 $2,085 $2,490 $3,150
60 Months $1,620 $1,785 $2,385 $3,150 $3,750

Surcharges

4WD / AWD $110

Endurance Warranty Benefits

  • Begins When The Manufacturer’s Warranty Expires
  • Unlimited Claims
  • Unlimited Kilometres
  • Parts And Labour Cover — Australia-Wide
  • Accommodation Allowance
  • Car Hire Allowance
  • Simple “No Forms” Claims Process
  • Fully Transferable

Emergency Breakdown Assistance

24/7 Breakdown Service, Towing, Fuel, Flat Battery, Flat Tyre And Locksmith Available.

Roadside Options 3 Star 5 Star
1 Year $88 $154
2 Years $176 $300
3 Years $264 $398
4 Years $352 $510
5 Years $440 $610