2005 LOTUS ELISE service

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
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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
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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
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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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
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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
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authorised modifications; 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
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
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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
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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
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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.
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
-
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
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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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Improper Maintenance and Usea) An emission performance warranty claim may be denied on the basis of non-compliance by a car owner with the Service
Schedule or Owner’s Handbook instructions for proper use.
b) When determining whether an owner has complied with the written instructions for proper maintenance and use, Lotus may require an owner to submit evidence of compliance with
those written maintenance instructions for which Lotus has an objective reason for believing:
1. were not performed; and
2. if not performed could be the cause of the particular car’s
exceeding applicable emission standards.
c) Evidence of compliance with a maintenance instruction may
consist of:
1. a maintenance log book which has been validated at the appropriate time or mileage intervals specified for service by
someone who regularly engages in the business of servicing automobiles for the relevant maintenance instruction(s);or
2. a showing that the car has been submitted for scheduled maintenance servicing at the approximate time or mileage
intervals specified for service to someone who regularly en
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gages in the business of servicing automobiles for the purpose
of performing the relevant maintenance; or
3. a statement by the car owner that he or she performed the maintenance at the appropriate time or mileage interval specified, including a showing i) that the owner purchased and used proper parts, and
ii) upon request by Lotus, that the owner is able to perform
the maintenance properly.
d) The time/mileage interval for scheduled maintenance serv
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ices shall be the service interval specified for that part in the Maintenance Schedule or Owner’s Handbook.
e) For certified parts having a maintenance or replacement inter
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val different from that specified in the written instructions for proper maintenance and use, the time/mileage interval shall
be the service interval for which the part was certified.
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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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
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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,
Califo rnia Emission Warranty
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