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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
-
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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OWNER’S WARRANTY RESPONSIBILITIES:
- As the car owner, you are responsible for the performance of the required maintenance listed in your owner’s manual. Lotus recommends that you retain all receipts covering maintenance
on your car, but Lotus cannot deny warranty solely for the lack
of receipts or for your failure to ensure the performance of all
scheduled maintenance.
- You are responsible for presenting your car to a Lotus dealer as soon as a problem exists. The warranty repairs should be
completed in a reasonable amount of time, not to exceed 30
days.
- As the car owner, you should also be aware that Lotus may deny you warranty coverage if your car or a part has failed
due to abuse, neglect, improper maintenance or unapproved
modifications.
If you have any questions regarding your warranty rights
and responsibilities, you should contact: Lotus Cars U.S.A.
Inc., at 2236 Northmont Parkway, Duluth, Georgia 30096, or
the California Air Resources Board at 9528 Telstar Avenue, El Monte CA 91731.
Califo rnia 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
-
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
-
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
-
SION OR LIMITATION OF INCIDENTAL OR CONSEQUEN
-
TIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLU
-
SIONS MAY NOT APPLY TO YOU.
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