1.RaceChip Chiptuning South Africa Pty Ltd, (hereinafter referred as the: "racechip"), hereby grant to the consumer, within the scope and ambit of the consumer protections laws of the Republic of South Africa, upon the purchase of any of the following products:
1.2 RaceChip Pro2;
1.3 RaceChip Ultimate,
(hereinafter referred to as the “product”) a free engine warranty (hereinafter referred to as the “warranty”), which warranty will be subject to the following terms and conditions. 2. Conditions for the Registration of the Engine Warranty:
2.1 Each consumer shall receive a warranty card upon the purchase of any of the product listed in paragraph one above, and shall receive such a warranty card in respect of each product which has been purchased.
2.2 Each warranty card must be completed, dated and signed within 14 (FOURTEEN) days after purchase and which warranty card must be returned to racechip.
2.3 Upon receiving of the warranty card by the consumer within the prescribed time period, racechip shall register the engine warranty in respect of, and over, the specific product.
2.4 The completed, dated and signed warranty cards must be returned to the racechip via e – mail at the following address:
3. Subject and Scope of the Engine Warranty
3.1 The warranty covers the damages to the following engine parts and components, which damage to the part or component was caused as a direct result of the product purchased from racechip and was caused within the warranty period:
Drive shafts; all engine internal parts related to the oil circuit in connection; Transmission (with the exception of the integration of the transmission into the clutch and clutch parts); Cardan shafts; Cardan shaft bearings; Piston; Crankcase; Crankshaft; Crankshaft gear; Engine block; Valves; Valve Guide; Cylinder head; Liners; Cam shafts; Camshaft gears; Oil pan; Connecting rod; Turbocharger.
3.2. The following motor vehicles will be considered as warranty capable:
3.2.1 Any vehicle which has been approved by the relevant South African authority for use within the borders of South Africa;
3.2.2 The vehicle has not, at the time of the registration of the warranty, exceeded a total of 100 000 kilometers;
3.2.3 The vehicle is used strictly for non-commercial use;
3.2.4 The vehicle has undergone regular recommended maintenance and services in accordance with the service plan specifications provided by the manufacturer of the motor vehicle.
3.3 Should the vehicle be covered by the warranty, the maximum amount as a result of damage caused as a direct result of the product, shall be that may be claimed , in respect of any technically necessary repairs limited to R 50 000.00 (gross) per claim.
3.4 Should the replacement of the damaged component or part be less than the value of the repairing thereof, the warranty shall be limited to the replacing of the damaged component or part.
3.5 Costs incurred in particular for, but not limited to, as a result of the use of the product, services to other vehicle components or parts not listed above, towing fees, car rental fees, accommodation fees and storage costs, shall not form part of the warranty, and is expressly excluded.
4. Warranty commencement and duration:
The warranty commences upon the purchase of any of the product, subject to the conditions and compliance of the provisions as set out in paragraph 2 (TWO) and 3 (THREE) above and will be valid for a period of 1 (ONE) year from the date of commencement.
5.1 The scope of the warranty excludes the following:
5.1.1 The normal reasonable wear and tear of a vehicle which is and has been used for non-commercial purposes;
5.1.2 Damages resulting from activities such as (but not limited to) participation in driving or events with a racing character.
5.1.3 Damages resulting from the alteration of any onboard computer system or control, during the warranty period, specifically aimed at enhancing or altering the vehicle performance;
5.1.4 Damages resulting from exposing the vehicle to a higher permissible gross weight for that specific vehicle, when carrying loads or pulling loads by means of a trailer;
5.1.5 Damages resulting from using the vehicle in any manner or form other than the specific use for which it was designed by the manufacturer;
5.1.6 Damages suffered to the vehicle as a result of or by the use of any fuel type, including any oil type, not recommended by the vehicle manufacturer;
5.1.7 Damage suffered to the vehicle as a result of using the product in any way that is contrary to the instructions of racechip and/or using the product for any other purpose other than the one for which it was specifically designed for by the manufacturer;
5.1.8 Damages resulting from the use of the product, by the warranty holder or any third party, in any negligent, improper or deliberate manner.
5.2 The warranty shall not be enforceable and shall be null and void should it at any stage come to light that the warranty holder falsified any out in paragraph 3.2.
5.3 The warranty shall not be enforceable if the product has been installed information in order to be complaint with the requirements as set and used in any vehicle, other that the vehicle for which the product was specifically designed.
6. Warranty Enforcement Procedure:
6.1 In the event of any incident occurring, for which the warranty holder wish to make use of the warranty, the holder shall inform racechip in writing of such an incident, and send the written notice via e-mail to the following address:
6.2 The warranty holder shall, together with the written notification of the incident, submit the following information:
a) Original purchase receipt for the product;
b) Evidence of regular service and maintenance of the vehicle, as prescribed by the manufacturer, by submitting copies of the service booklet;
c) A copy of the warranty registration certificate;
d) Documentary proof of the damage which has been caused, by means of a quote or an invoice and any other supporting documentation confirming that the damage caused was as a result of the use of the product.
6.3 In the event of a claim being submitted, racechip reserves the right, at its own cost, to institute any necessary investigations to determine the cause of the damage, before a claim will be considered.
7. Limitation of the Warranty:
In the event that the warranty holder has failed to submit their claim under the warranty to racechip, within a period of 6 (SIX) months from the date on which the claim arose, the warranty shall no longer be enforceable.
8. Applicable Law:
This agreement is governed by the laws of the Republic of South Africa.
9. Whole Agreement:
In the event that a specific provision of this agreement should be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision of this agreement.