set LOTUS ELISE 2005 Owner's Manual

(c) LIMITED WARRANTY - Corrosion Perforation.
The Company’s Limited Corrosion Perforation Warranty (as
set forth in Paragraph 4 (c)) runs for a period of 8 years from
the commencement of the Car Limited Warranty as specified
in paragraph 1(a).
2. LIMITATIONS THE COMPANY DOES NOT AUTHORIZE ANY PERSON
TO CREATE ANY OTHER OBLIGATION IN CONNECTION WITH ITS CARS. ANY IMPLIED WARRANTY OF MERCHANT
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ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AP
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PLICABLE TO A CAR OR PART IS LIMITED IN DURATION
TO THE TIME PERIODS SET FORTH IN PARAGRAPH 1.
3. EXCLUSIVE REMEDIES THE PERFORMANCE OF REPAIRS AND NEEDED AD
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JUSTMENTS ARE THE EXCLUSIVE REMEDIES UNDER
THIS WRITTEN WARRANTY OR ANY IMPLIED WARRANTY.
THE COMPANY SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGE RESULTING FROM THE BREACH OF ANY WARRANTY. S O M E S TAT E S D O N OT A L LO W L I M I TAT I O N S O N
HOW LONG AN IMPLIED WARR ANT Y L ASTS, OR THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSE
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QUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
4. EXTENT OF COMPANY OBLIGATIONS
(a) LIMITED WARRANTY - Car. This warranty extends to
each original and subsequent owner of a Lotus motor car
within the warranty period expressed in Paragraph 1(a). The
obligations of the Company under this warranty are limited
to the repair or, at its option, the replacement with a new or remanufactured unit without charge for labour or part, of any
part or assembly or component determined to be defective
in material or workmanship during the applicable warranty period. All items which are replaced become the property of
the Company to the fullest extent allowed under applicable
law. All Service under this warranty must be performed by a
Lotus Dealer at its place of business.
Limited Warranty
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(b) LIMITED WARRANTY - Replacement Parts.
The obligations of the Company during the warranty term
are limited to the repair or, at its option, the replacement of
any genuine Lotus part determined to be defective in mate
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rial or workmanship during the warranty period expressed in
paragraph 1(b). All replaced parts shall become the property
of the Company.
(c) LIMITED WARRANTY - Corrosion Perforation.
The Company warrants to the original owner and each subse-
quent owner during the warranty period set forth in Paragraph
1(c), that if corrosion perforation occurs on the chassis or com
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posite body structure of a Lotus motor car, within the warranty
period expressed in Paragraph 1(c), the parts or components
affected by such perforation shall be repaired or replaced,
without charge for labour or parts. Provided, however, that:
a) the Lotus car must be brought to an authorised Lotus dealer
for inspection at least one time each year; and
b) the Lotus car has been used and maintained in a normal and reasonable manner.
c) corrosion perforation is not due to any or all of the follow
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ing: an accident; abuse; damage; installation of an accessory;
chemical substance; an act of nature; fire; or salvaged car.
(d) OBTAINING REPAIRS.
All warranted repairs will be effected at Lotus Dealers upon
presentation of suitable evidence of eligibility. A reasonable
time must be allowed for the dealership to perform necessary
repairs, and customers are requested to allow such a reason
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able amount of time. It is not Lotus Cars USA’s responsibility to
provide the customer with a loan car during these repairs. The
provision of a loan car should be discussed with the dealer.
5. EXCLUSIONS FROM WARRANTY COVERAGE (see also section 6)
(a) TIRES. The only provided warranty for tires is the written
warranty issued by the tire supplier and included with the owner literature supplied with your car.
(b) CAR SPECIFICATION. The obligations of the Company
under this Limited Warranty apply only to cars built by the manufacturer to USA specification for road use (i.e. not to
Limited Warranty
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When contacting Lotus Cars USA, please have the following
information available:
- year and model of your Lotus;
- your car’s vehicle identification number (viewable through
bottom edge of windscreen, driver’s side);
- date of purchase of your Lotus;
- name of dealer(s) from whom you purchased your Lotus and
where you have it serviced.
State Repair - Replace-Refund Statutes Each state has a law providing new car purchasers with
certain rights for repair, replacement of the car, or refund of
the purchase price, under certain circumstances (these laws are commonly called “lemon laws”). These laws var y from
state to state.
To the extent permitted by an applicable
state law, Lotus Cars USA requires that, before you seek
a remedy, you provide Lotus Cars USA (at the address
set forth above) with written notification of the defect or
nonconformity. In this way, Lotus Cars USA will be afforded an opportunity to perform any necessary repairs. Where ap
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propriate, an additional lemon law information sheet is provided with this owner’s manual.
Arbitration Programs Some states have state-run arbitration programs that you can
use to pursue lemon law remedies. These programs are oper
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ated by state agencies, and such agencies may be contacted
for additional information.
In some states that do not have state-run programs, Lotus
Cars USA may participate in private arbitration or mediation programs. In these states, additional information will be provided
to you separately.
Where either a state-run or private arbitration program is in
effect, to the extent allowed be law, Lotus Cars USA requires
that your lemon law claim first be brought before such program before you pursue other remedies.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Limited Warranty
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PERIODS SET FORTH IN THIS WARRANTY. LOTUS SHALL
NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGE RESULTING FROM THE BREACH OF ANY WAR
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RANTY.
S O M E S TAT E S D O N OT A L LO W L I M I TAT I O N S O N
HOW LONG AN IMPLIED WARR ANT Y L ASTS, OR THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSE
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QUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
EMISSIONS PERFORMANCE WARRANTY
Some state or local governments require periodic in
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spection and maintenance programs to ensure that your car’s emissions control system functions properly. If an
EPA approved program is in force where you are, you are eligible for Performance Warranty coverage.
Lotus warrants to the owner of any new, USA specifica
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tion, Lotus Elise that if:-
1) the car is maintained and operated in accordance with the written instructions for proper maintenance and use;
2) the car fails to conform to the applicable emission standards as judged by an EPA approved emission test; and
3) such non-conformity results or will result in the car owner having to bear any penalty or other sanction (including denial or the right to use the car) under local, State or Federal law,
then Lotus shall remedy the non conformity at no cost to the owner by adjusting, repairing or replacing emissions related
components as is necessary in order for the car to conform to
the applicable emission standard. This warranty is for a period
of 2 years or 24,000 miles, whichever first occurs. However,
specified Major Emission Control Components are covered for
8 years or 80,000 miles, whichever first occurs. Covered parts are listed on page 159 to 160 and specified Major Emission
Control Components are followed by an asterisk.
Federal Emission Warranty
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What Is Not CoveredLotus may deny an emission per formance warranty
claim on the basis of an uncertified replacement part used in the maintenance or repair of a car if Lotus presents evidence that the uncertified replacement part is either
defective in materials or workmanship, or not equivalent
from an emission standpoint to the original equipment part, and the owner is unable to rebut the evidence. A part not required to be replaced at a definite service
interval (see Maintenance Schedule) shall be warranted for
the applicable warranty period. Instructions to replace a
component only if checked and found to be operating below specification shall have no bearing on warranty coverage
unless the owner did not follow such an instruction prior to
the short test failure and non compliance with that instruc
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tion caused the failure of another car component relevant
to the non- conformity.
This warranty does not cover failures caused by abuse,
neglect, collision, accidents, improper maintenance, un
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authorised modification; nor does it cover loss of time, inconvenience, loss of use of the car or incidental or con
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sequential damages.
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, APPLICABLE
TO A Car OR PART IS LIMITED IN DURATION TO THE TIME PERIODS SET FORTH IN THIS WARRANTY. LOTUS SHALL
NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGE RESULTING FROM THE BREACH OF ANY WAR
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RANTY. S O M E S TAT E S D O N OT A L LO W L I M I TAT I O N S O N
HOW LONG AN IMPLIED WARR ANT Y L ASTS, OR THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSE
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QUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Federal Emission Warranty
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f) The owner may perform maintenance or have maintenance performed more frequently than required in the maintenance
instructions.
g) Lotus may deny an emission performance warranty claim on the basis of non-compliance with the written instructions for
proper maintenance and use only if:
1. an owner is not able to comply with a request by Lotus for
evidence pursuant to paragraph (c) of this section; or
2. notwithstanding the evidence presented pursuant to para
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graph (c) of this section, Lotus is able to prove that the car
failed an emission short test because
i) the car was abused; or
ii) an instruction for the proper maintenance and use was performed in a manner resulting in a component’s being
improperly installed or a component or related parameter’s
being adjusted substantially outside of the manufacturer’s
specifications; or
iii) unscheduled maintenance was performed on a vehicle which resulted in the removing or rendering inoperative of any component affecting the car’s emissions.
Warranty Claim Procedure a) A claim under the emission performance warranty may be raised immediately upon the failure of an EPA approved
emission short test, if as a result of that failure, an owner is required to take action of any kind in order to avoid imposition
of a penalty or sanction. An owner need not suffer the loss
of the right to use a car, be fined, incur repair expenses, or
actually bear any penalty or sanction to satisfy the requirement
(see ‘Emissions Performance Warranty’ paragraph (3)). That requirement shall be met if a test failure sets a procedure in
motion under which the owner will bear a penalty or sanction
if a car is not brought into conformity or repaired to some
specified extent within some specified period of time.
b) A warranty claim may be submitted by bringing a car and a copy of the EPA approved emission test report to
1. any repair facility authorized by Lotus to service that model car, or
2. any repair facility authorized by Lotus to perform emission performance warranty repairs for that model car.
Federal Emission Warranty
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WHAT IS NOT COVERED BY THE CALIFORNIA EMISSION
WARRANTIES
The warranty does not cover:
• Malfunctions in any part caused by any of the following:
misuse, abuse, neglect, improper modification or alteration,
tampering, disconnection, improper or inadequate mainte
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nance, or use of leaded gasoline.
• Damage resulting from accident, acts of nature or other events
beyond the control of Lotus.
• The repair or replacement of warranted parts which are
scheduled for replacement prior to 50,000 miles (such as
spark plugs, filters) once these parts have been replaced at
the first recommended replacement interval as part of required
maintenance services.
• Incidental and consequential damages, such as loss of time,
inconvenience, loss of use of the car, or commercial loss.
• Any car on which odometer mileage has been changed so
that mileage cannot be readily determined.
ANY IMPLIED WARR ANT Y OF MERCHANTABILIT Y OR FITNESS FOR A PARTICUL AR PURPOSE APPLICABLE
TO A Car OR PART IS LIMITED IN DURATION TO THE TIME PERIODS SET FORTH IN THIS WARRANTY. THE COMPANY
SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSE
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QUENTIAL DAMAGE RESULTING FROM THE BREACH OF
ANY WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLU
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SION OR LIMITATION OF INCIDENTAL OR CONSEQUEN
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TIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLU
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SIONS MAY NOT APPLY TO YOU.
Califo rnia Emission Warranty
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