Transcription
Government of Western AustraliaDepartment of Mines, Industry Regulation and SafetyDo I have tofix it?A dealer’s guide toused car warranty
Do I have to fix it? A guide to used car warranty for dealersContentsIntroduction.2What is the statutory warranty under the Motor Vehicle Dealers Act at is covered by warranty?.3Warranty defect list.4Engine and engine bay.4Engine.4Fuel system.4Cooling ission.5Automatic transmission.5Drive shafts/tail shafts.5Differential.5Wheels.5Tyres.6Brakes, steering and n.6Body and frame.6Rust (structural not surface).6Doors and windows.7Electrical system.7Headlights.7Parking, indicator, rear stop, high rear stop and reverse lights.7Other electrical.7Power accessories.8Other accessories.8Interior.8Instrument panel/dashboard.8Seats/seat belts.9Adjustments.9Motorcycles.9Length of warranty. 10Types of vehicles covered. 10Vehicles not covered by warranty. 11Displaying vehicle particulars. 11Form 4 – Displayed on vehicles covered by warranty. 11Form 6 – Displayed on vehicles NOT covered by warranty. 12Warranty exemptions and exclusions. 12Can you exclude defects from warranty?. 12Can you waive the statutory warranty?. 12Warranty obligations. 13Carrying out warranty repairs. 13Owner’s responsibilities. 14Do you have to supply a courtesy car?. 14Other warranties on second-hand vehicles. 14Do you have to fix accessories/extras?. 15Dealer’s responsibility when ‘accessorising’ vehicles. 15More information. 161
Do I have to fix it? A guide to used car warranty for dealersIntroductionMost complaints received by the Department of Mines, Industry Regulation and Safety regarding motorvehicles are about warranty repairs. The purpose of this booklet is to help you resolve these complaintsbefore they come to us. Of course, there will be some cases which cannot be solved easily and willrequire our involvement, but the advantages in resolving complaints independently include: time savings; increased revenue; reduced costs; increased goodwill; retention of customers; and improved staff morale.Research shows customers will tell up to 20 people if complaints are not fixed quickly but, on average,will recommend your business to 15 friends if they are happy with the service you provide.This booklet has been produced to provide you with assistance to resolve warranty claims andprevent disputes.What is the statutory warranty under theMotor Vehicle Dealers Act 1973?The statutory warranty under the Motor Vehicle Dealers Act 1973 (the Act) is a legal obligation imposedon you as a licensed dealer to fix certain defects which occur in vehicles you have sold.Section 34 of the Act describes the extent of dealer liability as:‘.(if) a defect which renders or is likely to render the vehicle unroadworthy or unserviceable appearsin that vehicle, whether or not that defect existed at the time of sale, the dealer who sold that vehicleshall, at his own expense, repair or make good or cause to be repaired or made good, that defect soas to make the vehicle roadworthy and to place that vehicle in a reasonable condition having regardto its age.’Dealers often misinterpret this section by asking the question, ‘Do I have to fix this fault? I think it’sacceptable in a vehicle of this age.’The question you should ask yourself is: ‘Is this defect likely to make the vehicle unserviceableor unroadworthy?’If the answer is ‘yes,’ then you must repair it to a serviceable condition having regard to the vehicle’sage. For example, you are not required to fit new parts to a 10-year-old vehicle if there are serviceablesecond-hand parts available.It is helpful to consider the meanings of crucial terms in the warranty section of the Act.Where a term is not defined in a piece of legislation, its meaning is generally defined by the context inwhich it appears and its common usage.2
Do I have to fix it? A guide to used car warranty for dealers‘Unroadworthy’A vehicle is unroadworthy if it is ‘stickered’ by the police or an authorised officer of the Departmentof Transport or the Department of Mines, Industry Regulation and Safety. Stickers can be placed onvehicles when the person inspecting the vehicle believes: it requires any repair, adjustment or reconditioning; it requires the supply, fitting or removal of any equipment; it is in such a condition as to cause danger to any person or damage to any property; or it requires any other attention to make it comply with any law relating to the equipment,serviceability or roadworthiness of the vehicle.In general terms, if the vehicle has a fault which could be ‘stickered’, then the fault must be rectified bythe dealer.‘Unserviceable’The Concise Oxford Dictionary defines ‘serviceable’ as:‘of use, useful or usable.durable, suited for rough use or ordinary wear rather than for ornament.’The most helpful word here is ‘usable’. If the defect is not one which makes the vehicle unroadworthy,you must ask the question:‘Does the defect make the car unusable or is it likely to make the car unusable?’For example, a vehicle may not be considered to be unroadworthy by the police because it has aleaking core plug, however, the defect is likely to make the vehicle unusable, so it must be fixed. Onetest you could apply to any problem is: ‘What will happen if I don’t fix it?’If the result is likely to be a failure which would make the vehicle unusable, the defect should alwaysbe fixed.What is covered by warranty?To help you determine what is covered we have compiled the following list. This list is to beused as a guide only and if you are unsure we recommend you contact Consumer Protection forfurther assistance.It should be noted that just because a mechanic calls a repair an ‘adjustment,’ it does make it exemptfrom needing to be fixed under warranty. If the adjustment means substantial work, such as powersteering box adjustments, you will probably have to fix it.If you have any questions, don’t hesitate to call us. It’s better for everyone involved to sort out theproblem on the ‘shop floor’.3
Do I have to fix it? A guide to used car warranty for dealersWarranty defect listThis warranty list is to be used as a guide only; Consumer Protection staff will assist you and yourcustomer to resolve claims which are disputed.COVERED BY WARRANTY – NOT COVERED BY WARRANTY – NOEngine and engine bayTappet/valve clearance (if adjustable)NOEngineTiming belts (if damaged or cracked)PPPTiming belts and chains adjustmentsNOTiming chains – if noisyPPAir filter element blockageNOFuel systemAir flow meter and associated ductingPPPAbnormal noisesAir cleaner (if missing, broken, modifiedor leaking)Anti-pollution controls (ADR requirement)Carburettor (if stalling, surging,racing, leaking)Compression (if variation over 20 per centor excessively low)PCoolant leaksPPPPPPPPCore plug leakage or seepageCylinder head gasket leakage or seepageCylinder head cracked or corrodedDistributor (including vacuum unit)Engine block cracked or corrodedEngine failure due to excessive oil sludgingEngine management systems, computerand all allied equipment including dash/instrument panel warning indicatorsEngine mounts (if broken, oil saturated,soft or loose)PEngine stabiliser barPPExcess oil usage (1 litre/1000km if exhaustsmoke emission not excessive)Excessive piston ring blow-byExcessive oil smoke emission from exhaustHigh tension and spark plug leadsbreaking downTurbo charger (including super charger)POil leaks (if major but not seepageor dampness)POil sludgingPPlugs and pointsNOPFuel filtersNOFuel injection systems (all components)includes servicing and cleaningof injectors, injection pump anddelivery pumpPFuel pump including oil or fuel leaksPPPFuel vent system and charcoal canisterGas conversion (dual fuel vehicles) –vehicle and all associated componentsmust operate satisfactorily on both petroland gas. Conversion must comply with allrelevant licensing regulations and the gastank must be within date code.Leaking, perished, rusted or non-securedfuel linesPRemote fuel filler cap (unless it can’t beopened manually)NOTank leakagePCooling systemPPPLifters/hydraulic lash adjusters(if excessively noisy)Fuel filler cap must be correct for vehicleCooling fans (manual and electricincluding thermo switches –viscous fans must operate efficiently)PCore plug leakage or seepagePPPPCylinder head gasket leakage or seepageFan cowlingFan/drive belt (if cracked, broken,frayed badly or stretched badly –i.e. no adjustment)Leaks (including heater and heater hoses,radiator and radiator hoses, seepagefrom head gasket)4P
Do I have to fix it? A guide to used car warranty for dealersOverheatingRadiatorRadiator blockagesRadiator cap and overflow systemRadiator fins fretting (if excessive)Thermostat and housingWater pump including excessive bearingnoise and/or leakagePPPPPPPAutomatic transmissionExcessive smoke emission from exhaustPPPPPLoose baffles (unless causing blockage)NONot secured correctlyPCatalytic converterExcessive noiseExhaust hitting body or other componentsPFluid leaksPPGear indicator quadrant must line up withcorrect indicator position andquadrant light to operateExhaustAny gas leakDrive faults – including abnormalchange patternsLinkagesPRoutine servicingNOTorque converterPDrive shafts/tail shaftsAll components including centre bearingsCV boots (if cracked or leaking)CV joints (if noisy or excessively worn)Shaft balance vibration (if excessive)Viscous couplingsPPPPPDifferential(Note: repairs must be replacement or steel welding –putty, bandages not acceptable)Clutch adjustmentNODifferential (if abnormal noise)Clutch not disengaging (gear grate)PPOil leaksPPPPPPeriod whineNOPinion backlash (if excessive)PPAxlesDrivelineBearingsClutchBearing seals (front and rear)Clutch pedal rubber pad (if split, badly wornor missing)Clutch shudder (if excessive)Linkage or hydraulic components(including leakage)SlippageThrow-out (thrust) bearingPPWheel bearings (front and rear butnot adjustment)WheelsPPHard gear selectionLinkages sloppyNot holding in gearOil leaksReverse detent (gate) weak or not workingSynchromeshStuds stripped or nuts missingWheel balanceNOWheel alignmentNOWheel alignment after steering/suspension repairsPHubs and bearingsGearbox/transmissionAbnormal noisesPPPPCrackedSpoke type (if missing, broken or loose)PPPPPPP(Note: wheel alignment must be able to beadjusted to manufacturer’s specifications)5
Do I have to fix it? A guide to used car warranty for dealersDamage or wear (excluded under MVDA)NOSteering box (if abnormal play)PPSpare wheel and tyreNOSteering box adjustment (if manual)NOSteering box adjustment (if power)PPPPPPSteering boots and rubbers (if badly split)Tyres(Note: tyres must all be the same diameter and width,must meet ADR requirements and bespeed and load rated to the vehicle.)Steering box oil leaksSteering idler (if excessive movement)Brakes, steering and suspensionSteering lockBrakesAdjustment onlyNOAnti-lock braking systemsPPPPBrake causing vehicle to pull one sideBrake pedal pulsation (if excessive)Brake pedal rubber pad (if split, badly wornor missing)Steering rack (internal leaks and boots)Steering tie rod ends (if excessivemovement)Steering wheel (if cracked through)Steering wheel cover (excessive lateralmovement only)Steering wheel height and reachadjustment must be secureCalipers (if seized, sticking or leaking)PDe-dustingNODisc/rotor and drum thickness (to be withinmanufacturer’s specifications)PDisc/rotor scoring (if not excessive or disc/rotor not undersize)NOFoot brake adjustmentNOGlazed padsNOBall joints (if movement exceedsmanufacturer’s specifications)Lines and hoses (if cracked, perished,rusted, unsecured or leaking)PBall joint boots (if badly split)Master cylinder leakage or failurePPPad or lining material (if 80% worn by endof warranty period. To be measuredon material thickness)SquealingNOVacuum or power boosterPPWheel cylinders (if seized, stickingor leaking)PPP(Note: modified steering wheels must comply withADR and Road Traffic (Vehicle Standard) Rules andRegulations.)SuspensionAdjustable height or ride suspensionMcPherson struts (if leaking or broken)Rebound rubbersShock absorbers/McPherson struts mustoperate reasonably efficientlyHandbrakePPPPPPSprings (if vehicle lowered beyondmanufacturer’s specifications)PSprings sagging (if more than 25mm (1’)variation between sides)PStabiliser/anti-roll barsPPAdjustmentNOTorsion barCable (if binding frayed or not secured)PPPBody and frameBonnet (except around hinge andcatch area)NOPPPPBoot floorPBoot lidNOBulk heads (fire wall)PMust operate efficientlyRatchet or button faultsRust (structural not surface)SteeringSteering wheelFour-wheel steeringPower steering pump, drive belt and hosesShaft play6
Do I have to fix it? A guide to used car warranty for dealersDoors (except around hinge andcatch area)NOFendersNOFloor panPQuarter panel (exterior)NOQuarter panel (interior)PPPPRoof and door pillarsRocker panelsSub-frame/chassisWagon rear doors (except around hingeand catch area)NOWindow framesPWindscreen wipers (front only) must workon at least two speeds, where fitted, butnot including intermittent speedPWindscreen wipers and washers (rear)NO(Note: WINDSCREEN REPAIRS. Some windscreen crackscan be repaired by a poly-resin filler. The Department ofTransport has advised this method is acceptable providingthe crack is not more than 150mm (6 inches) long andrepairs are done only on a laminated screen. The repair isnot acceptable if the driver’s vision is still impaired.)Electrical systemHeadlights(Note: all rust repairs should be done by steel plating andfull perimeter steel welding(not bronzed). No jagged edges from lower panels.)Doors and windowsDirection adjustment (but must be able tobe adjusted)NOGlobe (non-LED)NOGlobe (LED – no inoperative singleLED’s allowed)PLensNOReflectorsPSealed beamsNO(Note: all passenger doors must open andshut from inside and outside.)Bonnet or boot stays/strutsPBonnet lock and safety catchPSpot/foglights/driving lightsNOCentral locking (but must be able to unlockand lock doors to secure vehicle.This includes boot and rear hatch doors)NOSwitchPPChild-proof rear door locks (but must beable to disengage)NOElectric and winding windows (must windup and down)PFront windscreen (unless cracks or chips indriver’s vision at time of purchase)NOQuarter windowsNOKeys/remote/transponder (no obligation toprovide spares)PRear door stays/strutsPOther electricalRear window demisterNOAlternatorPSliding windowsPPPAudible warning chimeNOBattery (excluded under MVDA)NOBattery cable and terminals (if damaged)Water leaks (unless likely to damageelectrical components)NOBattery must be securedWindscreen washers (front only)PWindscreen wiper bladesNOPPPPPWagon rear doorWagon rear windowWiringParking, indicator, rear stop, high rear stopand reverse lightsGlobe (non-LED)NOGlobe (LED – no inoperative singleLED’s allowed)PLens (if discoloured)PPPPReflectorsSwitchWiringBrake warning lightsCoilDemister/fan (front only)7
Do I have to fix it? A guide to used car warranty for dealersDistributor (including vacuum unit)Electric windows (all must wind upand down)Electronic distributorEngine management system, computersand all allied equipmentPPOther accessoriesPPAir conditionerNOCentral locking (but must be able to openand lock doors manually to secure vehicle)NOCruise control (but must not interfere withoperation of the vehicle)NORadio/cassettes or compact disc playersNOSun roofNOFan belt (if cracked, broken, frayed badly orstretched badly, i.e. no adjustment)PGear indicator quadrant lightPHazard lightsNOConvertible Roof (but must be able to beoperated manually)NOHeadlight washers and wipersNOCigarette lightersNOHigh tension and spark plug leadsbreaking downPSun visors (interior)PHorn (must work efficiently)PPReverse camera/sensorsNOSatellite navigation/GPS systemsNODVD PlayersNOIgnition key/remote/transponder (noobligation to provide spares)Ignition switch and steering lockImmobiliser (if fitted at the timeof purchase)Instrument panel/dash switches and lights(Note: if any of the above items are advertised as afeature, they must work satisfactorily at the time of sale.)PPInteriorInstrument panel/dashboardPPAmp/volt lightStarter motorPPPPPAudible warning chimesNOTrailer wiring and connectorNOCourtesy lightNOWindscreen washers (front only)PPPEconometer (vacuum gauge)NOFuel gaugeNOGear selector-quadrant lightingPGlove boxNORear view external mirrors (if missing orunable to adjust manually)RegulatorWindscreen wipers (front only)Wiring harnessAir bag management systemsAmp/volt gauge (if no light fitted)Power accessoriesAerialsNOHeater demister and fan (front) – ADR 15BrakesPPInstrument lightsPPOdometer/trip meterNOOil gaugeOil lightPPOther instrumentsNORear view mirrors (must be able to adjust)SpeedometerPPTachometerNOElectric windows (all must wind upand down)Rear view external mirrors (if missing orunable to adjust manually)PSeats (driver’s side)PPPPSteering (drive belt)Steering (oil leaks)Steering (operation and adjustment)8
Do I have to fix it? A guide to used car warranty for dealersSteering box (if manual)NOTemperature lightPPSteering box (if power)PTrip computerNOTappet/valve clearance (if adjustable)NOTuning (unless fuel injected)NOTemperature gaugeSeats/seat beltsAny trim damageNOWheel alignmentNORetractable seat beltsPPPPPWheel alignment (after steering/suspension repairs)PWheel balanceNOWheel bearingsNOSeat belts (new belts only to be fitted)Seats (adjusters)Seats (driver’s side power adjuster)Seats (if collapsed or haveprotruding springs)Seats (if mountings loose or broken)MotorcyclesThe items stated below relate specifically tomotorcycles and are in addition to the otherwarranty items listed.PAdjustmentsAir cleaner (if missing, broken, modifiedor leaking)PAir filter element blockageNOAnti-pollution controls (ADR requirement)PAutomatic transmission servicingNOBrakesNOBrakes – auto adjuster (should operateif fitted)Drive shaft, chain or belt (rear)PDrive chain or belt adjustmentNOEngine drive chain (primary chain)PPPFront and rear suspension (complete unit)Front brake and clutch control cables(if broken, badly worn or frayed)PGear level rubber (if split, badly wornor missing)PCarburettor (if stalling, surging, racingor leaking)PRear brake pedal rubber (if split, badlyworn or missing)PClutchNOSteering damper (where factory fitted)PDistributor (including vacuum unit)PDoor adjustmentsNOElectronic distributorPPEngine management systems, computerand all allied equipment includingdash/instrument panel warning indicatorsFan beltNOFuel injection systems (all components),includes servicing and cleaning of injectors,injection pump and delivery pumpPHandbrake adjuster must operatePHeadlight directionNOHigh tension plug leads breaking downPPlugs and pointsNO9
Do I have to fix it? A guide to used car warranty for dealersLength of warrantyUnder the Act, the length of the warranty period depends upon the purchase price of the vehicle, itsage and the number of kilometres it has travelled at the time of sale.In the case of motor vehicles, the minimum purchase price for which a warranty applies is 4,000.For motorcycles, the minimum purchase price for which a warranty applies is 3,500.The following table outlines the statutory warranty provisions which apply to vehicles based on theirage and the number of kilometres travelled at the time of sale. The age is calculated to the end of thecompliance plate date month. If only a month and year are shown on the compliance plate, the age istaken from the first day of the next month.Age of carKm travelled at time of saleWarranty entitlementNot more than 10 yrsNot more than 150,0003 months or 5,000 km(whichever happens first)Between 10 – 12 yrsBetween 150,000 and 180,0001 month or 1,500 km(whichever happens first)More than 12 yrsMore than 180,000NilAge of motorcycleKm travelled at time of saleWarranty entitlementNot more than 8 yrsNot more than 80,0003 months or 5,000 km(whichever happens first)More than 8 yrsMore than 80,000NilThe warranty periods do not include any time where you have possession of the vehicle for warrantyrepairs. For example, if you keep the vehicle for two weeks to do warranty repairs, the warranty isextended by two weeks. It is in your best interests to conduct repairs as soon as possible.If a fault is brought to your attention during the warranty period and the same fault is still evident, orbecomes evident, within a reasonable period after warranty, it is generally your responsibility to fix it.Types of vehicles coveredFor the purpose of the warranty provisions of the Act, a ‘vehicle’ includes: a ‘passenger car’ – a vehicle constructed principally for the conveyance of people; a ‘passenger car derivative’ – a vehicle of the same make as a factory-produced passenger car, inwhich the forward part of the body and most of the mechanical equipment are the same as those in apassenger car, such as station wagons and dual-cab utes; a ‘motorcycle’ – a self-propelled vehicle that has two wheels or, where a sidecar is attached, hasthree wheels; a ‘camper van’ – a vehicle specially fitted for camping or touring purposes and equipped with bothsleeping and cooking facilities; or vehicles prescribed by the regulations associated with the Act.10
Do I have to fix it? A guide to used car warranty for dealersVehicles not covered by warrantyVehicles excluded from the statutory warranty provisions are: buses and vehicles licensed to carry more than nine passengers, including the driver; caravans built to be towed by a motor vehicle; single rider motorcycles built for off-road use; multi-wheeled open motor vehicles e.g. quad bikes; and motor vehicles built to carry goods or materials used in trade, business or industry and having onlyo
Do I have to fix it? A guide to used car warranty for dealers 4 Warranty defect list This warranty list is to be used as a guide only; Consumer Protection staff will assist you and your customer to resolve claims which are disputed. COVERED BY WARRANTY - NOT COVERED BY WARRANTY - NO Engine and engine bay Engine Abnormal noises
