S40 (M) (2004 - 2012) Archives - Page 4 of 4 - RaceChip New Zealand

ENGINE WARRANTY

Terms of the engine warranty

(Effective15th August 2022)

Engine warranty given to consumers for products
“RaceChip GTS” and “RaceChip GTS Black”

Prerequisite conditions for eligibility(obligatory)

You will only be entitled to benefit from the provisions of this Warranty if you have bought an Auxiliary Control Unit in your capacity as a consumer for your own personal use – i.e. if you are an individual acting for purposes wholly or mainly outside your trade, business, craft or profession.
You must also complete, sign and date a relevant warranty certificate. You will receive a warranty certificate enclosed with the respective Auxiliary Control Unit at no additional cost to you (Auxiliary Control Units “RaceChip GTS” and “RaceChip GTS Black” only).
You must send the completed warranty certificate by post to Latest Mod Ltd, PO Box 20241, Christchurch, 8543, New Zealand or byemail to [email protected] within 14 days of the date you received the warranty certificate:
Failure to send the completed, dated and signed warranty certificate to the Warrantor within the 14 day timeframe will disqualify you from claiming under this Warranty.

Subject matter and scope of this Warranty(obligatory)

Subject to the other terms of this Warranty (including, in particular, the Exclusions listed at Part IV below), you will only be entitled to claim under this Warranty if ALL of the following conditions are satisfied:

damage is caused to one or more of the engine components and parts set out in the list in clause II.2 below (a “Qualifying Part”); and
the relevant damaged Qualifying Part is installed in or is otherwise part of a Qualifying Motor Vehicle (as defined in clause II.3 below); and
the Qualifying Motor Vehicle is registered in your name; and
the damage occurs during the Warranty Period (as set out and defined in Part IV below); and
the damage occurs as a direct result of the use of an Auxiliary Control Unit.
Satisfaction of all of these conditions will hereafter be referred to as a “Covered Event of Damage”.

The following list shall comprise the types of engine components and parts which are Qualifying Parts and eligible for replacement or repair under the terms of this Warranty:
intake manifold; drive shafts; all internal parts of the engine that are linked to the oil circulation system; gearboxes (with the exception of the couplings and coupling parts integrated into the gearbox); cardan shafts; cardan shaft bearings; pistons; crankcases; crankshafts; crankshaft sprockets; engine blocks; inlet and outlet valves including the valve guide; cylinder heads; cylinder liners; camshafts; camshaft sprockets; connecting rods; turbochargers.

This list is final and exhaustive. Damage to any other type of components or parts will not be covered under this Warranty.
Only motor vehicles which satisfy ALL of the following conditions will qualify for this Warranty and be considered “Qualifying Motor Vehicles”:

Motor vehicles which are registered in New Zealand
Motor vehicles which were first registered not more than 5 years before the date of purchase of an Auxiliary Control Unit; and
Motor vehicles with an odometer reading not exceeding 50,000 kilometers at the time a Covered Event of Damage occurs; and
Motor vehicles which are exclusively used for private and non-commercial purposes, unless the commercial use of the vehicle did not cause (directly or indirectly) the damage. Commercial types of use for these purposes include (but are not limited to) commercial passenger transport; driving school vehicles; courier/delivery vehicles; and commercial hire/rental vehicles; and
Motor vehicles in respect of which the regular maintenance, service and inspection work and care prescribed or recommended by the manufacturer of the vehicle was carried out in accordance with the manufacturer’s instructions (for which supporting documents must be submitted), unless the failure to carry out such maintenance and inspection work and care did not cause (directly or indirectly) the damage.

Warranty coverage(obligatory)

If a Covered Event of Damage occurs during the Warranty Period, this Warranty covers the cost of any repairs (parts and labour) to Qualifying Parts which are technically necessary, reasonably and genuinely incurred and for which supporting documents must be submitted up to the maximum aggregate sum of NZD$8,000 GST inclusive (gross)on purchase of a “RaceChip GTS” or a “RaceChip GTS Black” per Covered Event of Damage.
If replacing the damaged Qualifying Part would be less expensive than having it repaired, the claim under this Warranty for reimbursement of costs shall be limited to the cost of replacing the damaged Qualifying Part.
Under no circumstances shall the Warrantor be obliged to make a payment under the Warranty which exceeds the trade price value of the Qualifying Motor Vehicle immediately prior to the occurrence of the Covered Event of Damage (such trade price valuation to be conclusively determined by the Warrantor by reference to the applicable franchise dealership for the vehicle. The Warrantor shall have no further liability in respect of the cost of other repair work or services regarding other components of the vehicle (i.e. non-Qualifying Parts) as well as compensation for indirect damage or losses, such as towing costs or the cost of a rental car or overnight accommodation, loss of use, the cost of parking or disposing of the car, or other similar types of indirect loss. These types of indirect losses shall be expressly excluded from this Warranty.

Warranty Period(obligatory)

The Warranty Period shall start at the date of purchase of the Auxiliary Control Unit and shall end:

after the expiry of one year; or
at the latest when the vehicle’s odometer reading exceeds a total distance of 50,000 kilometres; or
when the vehicle’s first registration dates back more than 5 years.

The decisive factor is which of the events occurs first.

Exclusions(obligatory)

The following types of damage shall be specifically excluded from this Warranty:

normal wear and tear of Qualifying Parts;
damage resulting from taking part in racing, race-like driving events (including related types of driving for training purposes) or other types of aggressive driving;
damage resulting from changes made to the engine and/or the control and computer systems of the vehicle, either before or during the Warranty Period (including, in particular (but not limited to), measures enhancing the performance of the motor vehicle or altering the level or amount of exhaust emissions or otherwise changing the emissions behaviour of the vehicle);
damage resulting from the vehicle being exposed to axle or trailer loads higher than those stipulated by the manufacturer, or due to the permitted total weight of the vehicle being exceeded;
damage caused by you disregarding the manufacturer’s instructions in the operating manual regarding how to operate the vehicle;
damage caused by you disregarding the terms of use for the Auxiliary Control Units and/or other instructions given by the Warrantor in the operating manual for the Auxiliary Control Units;
damage caused by you, or a third party instructed by you, installing the Auxiliary Control Unit contrary to the Warrantor’s specifications;
damage resulting from using unsuitable fuels and other supplies, or from using fuels and other supplies not approved by the manufacturer of the vehicle, in particular (but not limited to) engine oil;
damage resulting from an accident, i.e. a sudden unexpected and unintentional event where the vehicle suffers a direct mechanical impact from the outside, or from a traffic accident, i.e. a sudden event in road traffic where a risk of damage that typically exists in road traffic situations materializes;
damage resulting from fault by you or a third party – in particular, damage caused by improper use of the Qualifying Motor Vehicle or the Auxiliary Control Unit or damage caused by wilful acts.

A claim under this Warranty shall be excluded if the odometer of the Qualifying Motor Vehicle has been interfered or tampered with, or if a defect in or the replacement of the odometer was not notified to the Warrantor without undue delay and, as a result, the actual total distance reading (kilometre or miles, as applicable) of the Qualifying Motor Vehicle is no longer accurate or can no longer be seen or otherwise verified by the Warrantor.
A claim under this Warranty shall be excluded if you unreasonably fail to comply with the provisions of Part VI of this Warranty (regarding how to notify us of a claim), unless your failure to comply with Part VI does not materially affect the Warrantor’s consideration of the claim or the Warrantor’s ability to assess whether a Covered Event of Damage occurred.
A claim under this Warranty shall be excluded if the Auxiliary Control Unit is installed in a vehicle model not expressly approved by the Warrantor for that particular Auxiliary Control Unit.

Procedure to be followed to make a claim(obligatory)

After a Covered Event of Damage has occurred, the following provisions shall apply if you would like to make a claim under this Warranty:

You must notify the Warrantor in writing without undue delay of the occurrence of the Covered Event of Damage. The written notice shall be sent to:
Latest Mod Ltd, PO Box 20241, Christchurch, 8543, New Zealand
Or
[email protected]
The written notice of your claim must be accompanied by the following documentation:

the original sales receipt for the Auxiliary Control Unit;
written documents (e.g. original service history booklet from the Qualifying Motor Vehicle manufacturer or original invoices) evidencing that the regular maintenance and inspection work and care prescribed or recommended by the manufacturer of the Qualifying Motor Vehicle was carried out; and
Copy of current tax invoice for the registration certificate showing the vehicle owner’s name.

Any (i) repairs to Qualifying Parts or (ii) preparatory work for repairs to Qualifying Parts may only be undertaken with the Warrantor’s prior written approval. If you do not seek the Warrantor’s approval before incurring or agreeing to incur such costs, the Warrantor shall not be required to reimburse you or any third party for the costs incurred.
The Warrantor shall be given a reasonable opportunity to examine the damage in respect of which the claim under this Warranty is made. For this purpose, you agree to provide the Warrantor with all information that is known to you about the circumstances surrounding the occurrence of the damage. The Warrantor may, at its own expense, appoint a third-party expert (an “Expert”) to determine the cause of the damage. The Expert’s determination shall be final and binding for the purposes of any claims under this Warranty.

Transferability of the engine warranty

If, during the Warranty Period, you sell the Qualifying Motor Vehicle in which the Auxiliary Control Unit is installed as intended, the benefit of the remaining period of this Warranty may (at the sole discretion of the Warrantor) be transferred to the buyer of such vehicle. As a prerequisite, you must notify the Warrantor in writing of your request to transfer the Warranty to the buyer. This request must be made without undue delay and in any case within 14 days of the sale of the vehicle and you must include:

The original sales receipt for the Auxiliary Control Unit;
The date of the sale of the relevant Qualifying Motor Vehicle to the buyer; and
The complete name and address of the buyer.

Notification

You must notify the Warrantor of your claim without undue delay in accordance with Part VI of this Warranty.

Third Party Rights

This Warranty is between you and the Warrantor. No one other than a party to this Warranty, their successors and permitted assignees shall have any right to enforce any of its terms.
In particular RaceChip Chiptuning GmbH & Co. KG and all associated companies do not act as Warrantors which is why no rights towards these companies result with this warranty.

Governing law and jurisdiction

The governing law applicable to these warranty conditions shall be that of New Zealand. Any disputes shall be determined according to the jurisdiction of New Zealand law.

Statutory rights

The Warrantor is under a legal duty to supply products that conform in all material respects with their description and are free from material defects in design, material and workmanship. This Warranty is in addition to, and does not affect, your legal rights in relation to Auxiliary Control Units that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureauor Trading Standards office.

Final provisions

Should any provisions of this Warranty be or become invalid, illegal or unenforceable, they shall be deemed modified to the minimum extent necessary to make them valid, legal or enforceable. If such modification is not possible, the relevant provisions shall be deemed deleted. Any modification to or deletion of any provisions shall not affect the validity and enforceability of the remaining provisions hereof.

7 separate stages

Our innovative throttle tuning system lets tune your engine’s reactions to your taste – choose from 7 separate stages.

2 Sport (S, S+) and 2 Race stages (R, R+) sharpen throttle response, speeding up the engine’s reaction times, making it as reactive as even a sportscar’s.
2 Eco stages (E, E+) slow down the engine’s reaction to movements of the throttle. In heavy city traffic and on long journeys, this can help you reduce fuel consumption.
You can select N if don’t want or need to use XLR, and your car is back to stock tune.

Easy to install

Simple and easy to understand – installed in a few steps:

Unplug the wire from the throttle at the connector.
Connect the Brainbox to the connector/adaptor.
Mount the Brainbox on a smooth surface in the footwell.
To control XLR: connect the Controller with the Brainbox, or set up the RaceChip app.
Done! Now – go drive and enjoy!

Perfect add on to chiptuning

You can experience totally new driving sensations if you combine RaceChip XLR with one of our chip tuning modules. The extra power and torque that chip tuning brings is perfectly complemented by the immediate throttle response made possible by throttle tuning. Together, they push back the limits of driving enjoyment.

Alternatively: app control

RaceChip is the first company to offer throttle tuning together with app control. The combination gives you the easiest ever way of controlling your vehicle’s throttle response. RaceChip XLR connects directly with the RaceChip app on your smartphone via Bluetooth.

If you already have a RaceChip chip tuning module in your car, XLR is the perfect add-on, and using them together is even easier – you can control both modules from the driver’s smartphone using the same app.

Better throttle response

We developed RaceChip XLR to increase responsiveness on the road. Your engine’s performance isn’t affected by RaceChip XLR, but you can access it more immediately and directly. Experience significantly sharper responses for yourself – no waiting for the message to get through or frustrating hesitations.

RaceChip XLR + App

S40 (M) (2004 - 2012)

RaceChip XLR + App

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