2005 LOTUS ELISE Owners Manual

extent of such noises, including brake squeal, engine and
exhaust noise, gear whine, knocks, rattles and wind noise
will differ from car to car, with the level of acceptability being
determined by the Company.
n) Lotus cars are upholstered with premium quality leather specifically tanned and dyed for automotive use. As a natural
material, leather ages in various ways and may, over time,
exhibit signs of cracking, scuffing, shrinking, etc. Such wear is the natural maturing of the leather and is not covered under
warranty.
o) Salvage title or total loss; the warranty does not cover any
car which can no longer by used on the road because it only
has salvage value or has been declared as an insurance write
off due to an accident or damage.
6. OBLIGATIONS OF OWNERS. ALL WARRANTIES ARE
VOID IF OWNERS FAIL TO PROPERLY USE AND MAIN
-
TAIN THE CAR.
The Company has no obligation under this warranty in
the following circumstances:
• If the car has not been driven in accordance with the ‘Break-in’
instructions detailed in the Owner‘s Handbook;
• if the maintenance services and maintenance instructions specified in this Handbook are not performed and followed
at the prescribed intervals. Car owners must keep up to date
and accurate records of car service and maintenance in order
for any warranty claim to be considered;
• if the motor car is used for commercial service, or for racing or reliability trials, or in a competitive manner, including timed
runs or laps;
• if the motor car is registered or used outside the Continental United States, Canada, Hawaii, Puerto Rico, Alaska, Guam
and the United States Virgin Islands;
• if failure or malfunction of the motor car or of any warranted part, component or assembly results from an accident; or,
• if failure or malfunction is caused by misuse, abuse or neg
-
ligence in use of the motor car, including, but not limited to,
where the car is not driven on road surfaces which have been
maintained to a standard to allow regular vehicle traffic, or
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within legal speed limits, or by performance of service, repair, alteration or modification of the car other than in accordance
with the recommended servicing and repair procedures of the
Company, or;
• by fitting of a part, assembly, accessory or component not conforming to specifications of the manufacturer of the motor
car.

7. EXCLUSIVE WARRANTY
This Limited Warranty and the Emission Control System War
-
ranties are the only express warranties applicable to the car
which are given by the Company or the manufacturer of the
car. Subject to the provision of Paragraph 2 (Limitations of
Warranties), this warranty and the emission control system warranties exclude all other obligations and liabilities of the
Company and the manufacturer of the car, whether they arise
in contract or tort, or otherwise to the fullest extent permitted by law. Any and all other express warranties, representa
-
tions, promises or statements shall be of no force or effect as regards the Company, or the manufacturer of the car. If
any provision of this warranty is declared or made ineffective or unenforceable by law, adjudication or otherwise, such
ineffectiveness or unenforceability shall not affect any of the other terms and conditions of this warranty.
No person is authorised to change or modify this warranty, and under no circumstances may this warranty be changed or modified orally.
8. CUSTOMER ASSISTANCE
In order to obtain performance of any obligation under this Limited Warranty, bring the Lotus car to any authorised Lotus
Dealer. Any such dealer is authorised to perform warranty
obligations. If you are unhappy with work performed on your
Lotus, speak first with the dealer’s Service Manager, and then, if necessary, with the General Manager or owner. If you still
cannot resolve a problem, contact:
Lotus Cars U.S.A. Inc.
2236 Northmont Parkway Duluth, Georgia 30096.
Tel. 770 476 6540
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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
-
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
-
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.
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LOTUS FEDER AL EMISSION CONTROL SYSTEM
WARRANTIES
The Lotus Emission Control System Warranties com-
prise an Emissions Defects Warranty and an Emissions Performance Warranty. In both cases, the warranty period
shall begin on the date the car is delivered to its ultimate
purchaser, or if the car is first placed in service as a ‘dem
-
onstrator’ or ‘company’ car prior to delivery, on the date it is first placed into service.
EMISSIONS DEFECTS WARRANTY Lotus Cars Ltd. (Lotus), warrants to the owner of any
new, USA specification, Lotus Elise that:-
1) the car was designed, built and equipped so as to conform at the time of sale, with applicable requirements of the U.S.
Environmental Protection Agency; and
2) is free from defects in materials and workmanship in Emis
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sion Related Components which could cause the car to fail
to conform with these requirements for a period of 2 years or
24,000 miles, whichever first occurs, provided however, that in the case of specified Major Emission Control Components, the
warranty period shall be 8 years or 80,000 miles, whichever
first occurs.
A list of the Emissions Related Components to which
this Defects Warranty applies appears on page 178 to 179
(specified Major Emission Control Components are marked with an asterisk).
This warranty does not cover failures caused by abuse,
neglect, collision accidents, improper maintenance, un
-
authorised modifications; nor does it cover loss of time inconvenience, loss of use of the car or incidental or con
-
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
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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
-
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
-
QUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
EMISSIONS PERFORMANCE WARRANTY
Some state or local governments require periodic in
-
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
-
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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Required MaintenanceThe operations in the Maintenance Schedule (included
in the Owner’s Handbook package) must be undertaken at the mileages or time intervals specified to ensure the
continued proper functioning of the emission control system, and to provide optimum car per formance and
reliability. More frequent maintenance may be needed for
cars operating in dusty areas, on short trip driving, or in
other severe conditions. Inspection and service should also be performed any
time a malfunction is suspected.
M A I NTENA NCE , REPL ACEMENT OR REPA I R OF THE
EMISSION CONTROL DEVICES AND SYSTEMS MAY BE
PERFORMED BY ANY AUTOMOTIVE REPAIR ESTABLISH
-
MENT OR INDIVIDUAL USING ANY CERTIFIED PART.
No emission performance warranty claim will be denied
on the basis of the use of a properly certified part in the maintenance or repair of a car.
In no case will Lotus deny an emission performance
warranty claim on the basis of:
i) warranty work or pre-delivery service performed by any Lotus
Dealer or
ii) work performed in an emergency situation to rectify an unsafe condition, including an unsafe driveability condition attrib
-
utable to Lotus provided the car owner has taken steps to put
the car back in a conforming condition in a timely manner or
iii) the use of any uncertified part or non compliance with the maintenance schedule or instruction for use (Owner’s Hand
-
book) which is not relevant to the reason that the car failed
to comply with applicable emission standards or
iv) any cause attributable to Lotus.
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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
-
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
-
authorised modification; nor does it cover loss of time, inconvenience, loss of use of the car or incidental or con
-
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
-
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
-
QUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Federal Emission Warranty
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