2005 LOTUS ELISE ESP

(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
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c) To the extent required by any Federal or State Law, whether statutory or common law: if an authorized repair facility is not reasonably available, Lotus will provide means for a suitably
competent non-franchised repair facility to perform emission
performance warranty repairs.
d) 1. Lotus will make a final decision on an emission performance warranty claim within a maximum time limit of 30 days from the time at which the car is initially presented for repair or within
the time during which an owner is required by local, state or
federal law to have the car repaired without incurring further
penalties or sanctions (whichever is shorter), unless a delay
i) is requested by the car owner, or
ii) is caused by an event not attributable to Lotus or the

warranty repair facility.
2. If the facility at which the car is initially presented for repair
is unable for any reason to honour the particular claim, then,
unless this requirement is waived in writing by the car owner,
the repair facility shall forward the claim to; Lotus Cars U.S.A.
Inc., 2236 Northmont Parkway, Duluth, Georgia 30096, in
order for a decision to be made.
e) Within the time period specified in paragraph (d) of this sec
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tion, Lotus shall:
1. notify the owner that it will honour the claim; or
2. provide the owner, in writing, with an explanation of the
basis upon which the claim is being denied.
f) Failure to notify an owner within the required time period (as determined under paragraph (d) of this section) for reasons
that are not attributable to the car owner or events which are not beyond the control of Lotus or the repair facility, shall result
in Lotus being responsible for repairing the car free of charge
to the car owner.
g) Lotus shall incur all costs associated with a determination that
an emission performance warranty claim is valid.
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.
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LOTUS CALIFORNIA EMISSION CONTROL SYSTEMWARRANTIES
The Lotus California Emission Control System Warranties
comprise the California Emissions Performance Warranty, and
two levels of the California Emission Control System Defects
Warranty.
Your car may also be eligible for additional warranty coverage
under the Federal Emissions warranty (see previous section).
CALIFORNIA EMISSION CONTROL SYSTEM DEFECTS
WARRANTY
Lotus Cars Ltd. (Lotus) warrants to the owner of any new, USA
specification, Lotus Elise, that the car was designed, built and equipped so as to conform with requirements of the California
Air Resources Board (CARB), and that if the car is maintained and operated in accordance with the written instructions for proper maintenance and use, then:
i) if, during a period of 3 years or 50,000 miles, whichever first occurs, any part of the car which could affect emissions is broken or does not function as designed (including adjust
-
ments), provided the car does not qualify for an exclusion as described on page 186, Lotus shall be responsible for repair
or replacement of any such part or parts, including diagnosis
and labour charges.
ii) if, during a period of 7 years or 70,000 miles, whichever first occurs, one or more of a certain group of emission related parts listed on page 187 is broken or does not function as
designed (including adjustments), provided the car does not
qualify for an exclusion as described on page 186, Lotus shall
be responsible for repair or replacement of any such part or
parts, including diagnosis and labour charges.
The warranty period shall begin on the date the car is deliv
-
ered to the first retail purchaser, or, if the car is first placed in
service as a demonstrator or company car prior to sale at retail,
on the date the car is first placed in such service. The emission control systems of your new, USA specification,
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Lotus Elise, were designed, built and tested using genuine Lotus
Service Parts and the car is certified as being in conformity with Federal and California emission control requirements. Accord
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ingly, it is recommended that any replacement parts used for maintenance, repair or replacement of emission control systems
be Lotus Service Parts or Lotus Authorized Remanufactured
Parts. The owner may elect to have maintenance, replacement or repair of the emission control devices and systems performed by any automotive repair establishment or individual, and may
elect to use parts other than Lotus Service or Authorized Re
-
manufactured Parts for such maintenance, replacement or repair
without invalidating this warranty; the cost of such service or
parts, however, will not be covered under the warranty, except
in emergency situations. Use of replacement parts which are not of equivalent qual
-
ity may impair the effectiveness of emission control systems. If other than Lotus Service Parts or Authorised Remanufac
-
tured Parts are used for maintenance, replacement or repair of components affecting emission control, the owner should
obtain assurances that such parts are warranted by their manu
-
facturer to be equivalent to genuine Lotus parts in performance and durability. Lotus however, assumes no liability under this
warranty with respect to failure of such parts other than Lotus
Service Parts or Authorized Remanufactured Parts. However, the use of non-Lotus replacement parts does not invalidate the
warranty on other components. If a non-Lotus emission related
part causes damage to other components, then the liability
for the subsequent damage shall not be assumed by Lotus. If however, a Lotus Service Part or Authorised Remanufactured
Part causes damage to a non-Lotus part, such non-Lotus part
will be repaired.
Repairs and service covered by this warranty will be per
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formed by any authorized Lotus Dealer at his place of business with no charge for parts or labour (including diagnosis), using
Lotus Service or Authorized Remanufactured Parts for any part of the emission control system covered by this warranty. In the
case of an emergency, where an authorized Lotus dealer is not available, or a Lotus part is not available within 30 days; repairs
may be performed at any available service establishment or by
any individual using any replacement part. Lotus will reimburse
the owner for such repairs (including diagnosis) that are covered under this warranty, but such reimbursement will not exceed the
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Lotus suggested retail price for all warranted parts replaced, and labour charges based on Lotus’s recommended warranty repair
times, and the geographically appropriate hourly rate. A repair
not being complete within 30 days constitutes an emergency.
Replaced parts and paid invoices must be presented at a Lo
-
tus dealership as a condition of reimbursement for emergency repairs not performed at a Lotus dealer.
You are advised to perform all recommended maintenance
or repairs on your new, USA specification, Lotus Elise. You are responsible for the performance of the required maintenance.
Lotus will not deny a warranty claim solely because you have
no record of maintenance; however, Lotus may deny a warranty
claim if your failure to perform required maintenance resulted in the failure of a warranted part. Receipts and maintenance records covering the per formance of regular maintenance
should be retained in the event questions arise concerning
maintenance. The receipts and maintenance records should be
transferred to each subsequent owner of this car.
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CALIFORNIA EMISSIONS PERFORMANCE WARRANTYLotus Cars Ltd. (Lotus) warrants to the owner of any new, USA
specification, Lotus Elise, that if, during a period of 3 years or
50,000 miles, whichever first occurs, the car should fail to pass an Inspection/Maintenance test, for reasons other than those detailed on page 167 (‘What is not covered by the Emission
Warranty’), then the car will be repaired at no cost to the owner.
The car is to be repaired so that it will pass the I/M test, and these repairs shall include diagnosis, replacement, repair, and adjustment of those defective parts affecting emissions. The warranty period shall begin on the date the car is deliv
-
ered to the first retail purchaser, or, if the car is first placed in
service as a demonstrator or company car prior to sale at retail,
on the date the car is first placed in such service. If your car fails a Smog Check test or a Federal Emissions
Short test, you may choose to have diagnosis of the failure and repairs made at a Lotus dealer or at another service facility. You
may take your car to a Lotus dealer for warranty repairs and diagnosis without charge. You will have to pay for diagnostic
costs and repairs if performed at another service facility except in the case of emergency repairs (see page 164). If your car fails
a Smog Check test or a Federal Emissions Short test after the
3 year/50,000 mile performance warranty period has expired, but before 7 years/70,000 miles is reached, those parts listed
on page 168 are still covered by the defects warranty. If the warranty station demonstrates that the test failure was
caused by one or more of the conditions excluded from war
-
ranty coverage (see below), the car owner shall be liable for all
diagnostic and repair expenses. Such expenses shall not exceed
the maximum repair costs permissible under the California Car
Inspection Programme. Failure to notify the owner within 30 days that a performance warranty claim is invalid, shall render
Lotus liable for the repair costs. If the warranty station identifies
that the test failure was caused by one or more defects covered under warranty, and in combination with one or more of the conditions excluded from warranty coverage (see below), then
the car owner shall be responsible only for that proportion of the diagnostic and repair costs that is not covered by warranty.
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