2005 LOTUS ELISE set

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.
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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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