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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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
-
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.
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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.
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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
-
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
-
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
-
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.
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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.
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CALIFORNIA EMISSION CONTROL WARRANTY STATEMENT
YOUR WARRANTY RIGHTS AND OBLIGATIONS The California Air Resources Board and Lotus Cars
Limited are pleased to explain the emission control system
warranty on your new, USA specification, Lotus Elise. In
California, new motor cars must be designed, built and equipped to meet the State’s stringent anti-smog standards.
Lotus must warrant the emission control system on your
Elise for the periods of time listed below provided there has been no abuse, neglect or improper maintenance of
your car. Your emission control system may include parts such as the carburettor or fuel injection system, the igni
-
tion system, catalytic conver tor, and engine computer.
Also included may be hoses, belts, connectors and other
emission-related assemblies. Where a warrantable condition exists, Lotus will repair
your car at no cost to you including diagnosis, parts and labour.
MANUFACTURER’S WARRANTY COVERAGE
- For
3 years or 50,000 miles (whichever first occurs):
1) If your car fails a Smog Check inspection, all necessary repairs and adjustments will be made by Lotus to ensure that
your car passes the inspection. This is your emission control
system PERFORMANCE WARRANTY.
2 ) I f a n y e m i s s i o n r e l a t e d p a r t o n y o u r c a r i s d e f e c-
t i v e , t h e p a r t w i l l b e r e p a i r e d o r r e p l a c e d b y L o t u s .
This is your short-term emission control system
DEFECTS
WARRANTY.
- For
7 years or 70,000 miles (whichever first occurs):
1) If an emission related part listed in this warranty booklet specially noted with coverage for 7 years or 70,000 miles
is defective, the part will be repaired or replaced by Lotus.
This is your long term emission control system DEFECTS
WARRANTY.
California Emission Warranty
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