PAMD Form 60 - Office of Fair Trading

PAMD Form 60
Notice of cooling-off period and Statutory Warranty
Property Agents and Motor Dealers Act 2000
This form is effective from 1 July 2009
ABN: 97 406 359 732
Department of Employment, Economic
Development and Innovation (DEEDI)
This form must be completed BEFORE a contract is finalised if the vehicle does have a statutory warranty.
For a vehicle to be sold without a statutory warranty, please complete PAMD Form 61 - Notice of Cooling-Off Period and Notice of
No Statutory Warranty.
Restorable vehicles (vehicles at least 20 years old sold for restoration) must have a statutory warranty unless waived by the buyer.
Cooling-off period
By choosing to purchase this vehicle from a licensed motor dealer, you are automatically granted a cooling-off period, unless you
take immediate possession of the vehicle or it is exempt under the legislation.
Instructions
Please complete in BLOCK letters. Attach extra pages if needed. All references to dates should be in DD/MM/YYYY.
If you need more information or help completing this form, please contact the Office of Fair Trading on 13 13 04.
1. Licensed motor dealer details
In accordance with Section 283A of the Property Agents and Motor
Dealers Act 2000: I disclose that I am a licensed motor dealer.
Motor dealer name ...........................................................................................................................................................................
ABN: Hours of business ......................................................................
Address ...........................................................................................................................................................................................
Suburb ...................................................................................... State Postcode
Phone ........................................................................................ Fax ............................................................................................
Licence number ......................................................................... Expiry date / /
2. Buyer details
Buyer name .....................................................................................................................................................................................
Address ...........................................................................................................................................................................................
Suburb ...................................................................................... State Postcode
Phone ........................................................................................ Fax ............................................................................................
3. Motor vehicle details
Contract order number: Stock number:
Make ......................................................................................... Model ........................................................................................
VIN number ................................................................................ Year of manufacture ...................................................................
Description ......................................................................................................................................................................................
Registration number .................................................................. Odometer reading .....................................................................
Property Agents and Motor Dealers Act 2000 • Section 300 and Section 317 • Form 60 • V3 • July 2009 Page 1 of 4

4. Cooling-off period
Applies Doesn’t apply (as per PAMD)
A one day cooling-off period applies to this vehicle, providing it is not a new car, was not sold by auction and you (the buyer) do
not take physical possession of the vehicle for a purpose other than a vehicle inspection or a test drive.
To exercise your right to cancel this contract you must provide the dealer with written notification (Appendix A) prior to the coolingoff
period ending. Cancelling the contract within the cooling-off period may result in you forfeiting up to $100. All other monies paid
must be refunded.
a) The cooling-off period ends 5:00 pm next business day (excludes Sunday and public holidays). If the motor dealer closes
prior to 5:00 pm, then the cooling-off period is extended to the first day following where the dealer closes on or after 5:00 pm
(excludes Sunday and public holidays).
b) The cooling-off period ends when the buyer takes permanent physical possession of the vehicle (not for an
inspection/test drive).
The cooling-off period:
starts at .............................................................. (time) on / / (date)
ends at 5:00 pm on / /
(date)
You must provide the dealer with written advice prior to the cooling-off period finishing if you do not want to go ahead with this
purchase (Appendix A).
5. Statutory warranty
A statutory warranty does apply to this vehicle.
Name of warrantor (if not motor dealer named in Part 1.1) ..........................................................................................................................
Class of warranty (dealers tick which applies):
‘Class A’
The warranty period for a ‘Class A’ warranted vehicle (a vehicle that at the day of its sale has an odometer reading of less than
160,000 km AND was manufactured less than 10 years before the day of sale) ENDS:
(i) at 5:00 pm on the first day, other than a Sunday or public holiday, three months after the day the vehicle is sold when the
warrantor’s place of business is open for business; or
(ii) at the time the vehicle travels 5,000 km after it is sold; whichever happens first.
‘Class B’
The warranty period for a ‘Class B’ warranted vehicle (a vehicle that at the day of its sale has an odometer reading of 160,000 km or
more; OR was manufactured at least 10 years before the day of sale) ENDS:
(i) at 5:00 pm on the first day, other than a Sunday or public holiday, one month after the day the vehicle is sold when the
warrantor’s place of business is open for business; or
(ii) at the time the vehicle travels 1,000 km after it is sold; whichever happens first.
The warranty period may be extended while a defect in a warranted vehicle is being repaired.
6. The statutory warranty covers
The warrantor of the vehicle warrants that:
1. the vehicle is free from defects* (other than the defects listed on page 3 not covered by the statutory warranty)
at the time of sale and for the warranty period; and
2. the defects in the vehicle reported in writing 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 has deteriorated to an extent where it can not
reasonably be relied on to perform its intended function.)
Property Agents and Motor Dealers Act 2000 • Section 300 and Section 317 • Form 60 • V3 • July 2009 Page 2 of 4

7. The statutory warranty DOES NOT cover
Under the Act, the following defects are NOT covered by the statutory warranty:
• Any defect in tyres, batteries, lights and radiator hoses.
• A defect in the vehicle’s fitted airbag.
• A defect in the vehicle’s installed radio, tape recorder or CD player.
• A vehicle accessory prescribed under a regulation.
• For a Class B warranted vehicle, a defect in the vehicle’s air conditioning system.
• Any defect in a vehicle’s paintwork or upholstery that should have been apparent on any reasonable inspection of the vehicle
before the buyer took delivery.
• Any defect after the buyer takes delivery arising from or incidental to any accidental damage to the vehicle or arising from the
buyer’s misuse or negligence.
• Any defect in an accessory to the vehicle not fitted to the vehicle when sold to the buyer.
The following used vehicles are NOT covered by this statutory warranty:
a) an unregistered motor vehicle that is:
i) incapable of being registered in Queensland because of its design; or
ii) on the written-off vehicle register; or
b) a motor vehicle sold on consignment, unless the owner of the vehicle is a motor dealer or auctioneer; or
c) a caravan; or
d) a motorcycle; or
e) a commercial vehicle.
A commercial vehicle is a vehicle built mainly for carrying or hauling goods or designed to carry more that nine
persons. However, a utility with a nominal load carrying capacity of one tonne or less is not a commercial vehicle and
has a statutory warranty.
8. Buyer’s obligation regarding warranty
If a repair is required under statutory warranty, the buyer must give written notice (includes facsimiles) to the warrantor
prior to repair.
Delivery of motor vehicle when making claim on statutory warranty - 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 if the motor vehicle is within 200 kms of the
warrantor’s place of business at the time the buyer notifies the warrantor of the defect.
If the motor vehicle is located more than 200 kms from the warrantor’s place of business at the time the buyer notifies the warrantor
of the defect, the buyer must deliver the motor vehicle to the qualified repairer closest to the vehicle’s location. If the warrantor
elects to send the motor vehicle to another location it is at the warrantor’s expense.
9. Motor dealer’s declaration
I, ........................................................................................................................................................................ (print name) declare:
(the motor dealer)
1. There is no prior contract with another buyer to purchase this vehicle.
2. I have not attempted to persuade the buyer to forfeit the buyer’s cooling-off rights.
3. This motor vehicle has a statutory warranty.
4. I have not attempted to persuade the buyer to forfeit their statutory warranty.
5. I have given the buyer PAMD Form 60 and Appendix A at ................................ (time) on / / (date).
Motor dealer’s signature ............................................................................................Date signed / /
10. Acknowledgement by the buyer
I, .................................................................................................................................................................................... (print name),
(the buyer)
acknowledge that I have received this PAMD Form 60 and Appendix A.
Buyer’s signature .......................................................................................................Date signed / /
Property Agents and Motor Dealers Act 2000 • Section 300 and Section 317 • Form 60 • V3 • July 2009 Page 3 of 4

PAMD Form 60 Appendix A
Notice of cooling-off period and Statutory Warranty
Property Agents and Motor Dealers Act 2000
This form is effective from 1 July 2009
Cancellation of agreement during cooling-off period
ABN: 97 406 359 732
Department of Employment, Economic
Development and Innovation (DEEDI)
To be completed by prospective buyer. If they want to cancel the contract to buy the vehicle within the one-business day cooling-off
period.
Complete this form, photocopy and deliver to the dealer personally or by receipted courier or fax before the cooling-off period ends.
The Office of Fair Trading recommends you keep a copy and can prove it has been delivered to the dealer.
I, .................................................................................................................................................................................... (print name),
(the buyer)
of .....................................................................................................................................................................................................
.................................................................................................................................................................................. (buyer’s address)
exercise my cooling-off rights during the cooling-off period and withdraw my intention to purchase the vehicle.
I exercise my rights by signing this notice and giving it to you, the dealer.
Buyer’s signature .......................................................................................................Date signed / /
Note to the buyer:
It is recommended that the buyer uses this appendix when advising the motor dealer that they wish to exercise their right to cancel
the contract for the vehicle mentioned in this form.
Property Agents and Motor Dealers Act 2000 • Section 300 and Section 317 • Form 60 • V3 • July 2009 Page 4 of 4