Application for waiver of used vehicle warranty

This publication is for: 
Motor industry

Before making this application

The buyer or dealer must arrange for a mechanical report prepared on the vehicle being sold. If the buyer is not happy with the reported condition of the vehicle, the application will not be approved. If the contract to buy the vehicle was based on the application being approved, the contract will be void. 

The statement “Subject to the Commissioner for Consumer Protection approving a warranty waiver” must be written on all contracts.

Important notice to applicant

A buyer's rights under the Australian Consumer Law are not affected by the waiver application approval. 

If a defect prevents the vehicle being used for its normal purpose, a buyer may be able to seek compensation for the cost of repairs. This only applies if the vehicle defect existed at the time of purchase and could not have been detected during the mechanical inspection.

How you make this application

Copies of the following documents must be submitted with this application:

  • Contract
  • Form 4 (pink form usually displayed on the dashboard)
  • Recent mechanical report

You can pay for your application or form at our Department's Cannington office or any of our regional offices; however all processing is handled at the Perth office.  No fee applies. 

You may lodge an application or form by:

Post

In person (including payments)

Department of Mines, Industry Regulation and Safety
Motor Vehilces Branch
Locked Bag 100
EAST PERTH WA 6892

Department of Mines, Industry Regulation and Safety
Motor Vehilces Branch
Level 2, Gordon Stepheson House
140 WIlliam Street  
PERTH

Opening hours: 8:30am to 4:30pm Monday to Friday (except public holidays)

 

 

 

 

 

 

 

 

Contact Us

For further information, please contact Consumer Protection on 1300 30 40 54 (cost of a local call anywhere in the state), or National Relay Service 13 36 77 (for hearing impaired).

If you require any information about limited partnerships please contact our Associations and Charities branch 8.30am – 4.30pm Monday to Friday (excl. public holidays) by:

  • Telephone: 1300 304 074
  • Email
  • In person: Associations Registrations Section, Gordon Stephenson House, Level 2, 140 William Street, Perth

Waiver form

You can use the attached word document or copy and paste the details below 

Contract and application details

Purchaser’s Details:

(Surname) ........................................................................... (Other names) ..........................................................................

(Address) ................................................................................................................................................................................

Vehicle Details:

(Make) ...................................................... (Year) ................... (Model) ............................... (Reg. no.) ...............................

Dealer’s details:

(Dealer’s name) ............................................................... (Address or fax number) .............................................................

(Dealer’s contact tel. number) ......................................... (Dealer’s Rep) Surname ....................... Given Name ................

Price reduction details:

1. Price of vehicle with warranty $ ........................................................

2. Price of vehicle without warranty $ ........................................................

3. Price reduction for waiving warranty (1 - 2) $ ........................................................

To the Commissioner for Consumer Protection

The dealer and I have entered into a contract to purchase the motor vehicle described above. The dealer has agreed to reduce the price of the vehicle as described above. The contract is subject to the Commissioner for Consumer Protection approving my application under section 48 of the Motor Vehicle Dealers Act 1973 to waive rights conferred under the Act.

I therefore request your approval to waive that warranty.

I understand that if this application is approved, I will not be able to make a warranty claim, pursuant to section 34 of the Motor Vehicle Dealers Act 1973, against the dealer for defects which cause or are likely to cause the vehicle to be unroadworthy or unserviceable.

 

................................................................................        ____ / _____ / _____

(Signature of purchaser)                             (Date)

 

Consumer Protection
Form – application
Last updated 26 Jul 2022

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