Sime Darby Auto Performance Sdn Bhd; being the administrator of the warranty (as defined below); (“warrantor”) grants the purchaser/customer (“warrantee”) a two-year spare part warranty (“warranty”) for brand-new replacement parts, accessories and exchange parts (“spare parts”) sold within Asia Pacific region in accordance with the following conditions with regard to all defects in materials and workmanship.
The rights granted to the warrantee by this warranty apply in addition to his statutory rights in the event of defects of the spare part. The warrantee may claim the statutory rights free of charge. They are not restricted by the warranty, regardless of whether the warranty claim occurs and whether the warrantee makes use of the warranty.
1 Geographic Scope
Claims under this warranty may be made worldwide, but only at authorised dealers or repair shops.
2 Warranty Period
The two-year warranty period begins on the date of the invoice for the sale of the spare part by the warrantor or an authorised dealer to the warrantee.
3 Validity of the Warranty Claim
3.1 Subject to the following provisions in Sections 3.2 to 3.5, a warranty claim shall be deemed to exist in the event of any defect in the spare part.
3.2 A warranty service is excluded if the defect has been caused by improper use or handling of the spare part.
3.3 Furthermore, warranty services are excluded if the defect has arisen because the spare part has been installed in a vehicle or has been used in connection with a vehicle:
- that has been previously improperly repaired, improperly maintained or improperly serviced, unless this has been done as a warranty service by an authorised dealer or repair shop; or
- in which parts have been fitted or installed whose use has not been approved by Dr. Ing. h.c. F. Porsche AG, or which has been modified in a way not approved by Dr. Ing. h.c. F. Porsche AG (e.g. tuning), unless the warrantee can prove that the non-approved parts are of equivalent quality to the original parts and that neither their use nor the other non- approved modification to the vehicle is the cause of the defect that has arisen; or
- which has been improperly handled or overused, such as engine overshoots (overspeeding that occurs with manually shifted vehicles, caused in particular by incorrect gearshifting) or overloading; or
- which has been damaged by external causes or influences (e.g. accident, hail, flooding, animal bite).
3.4 A warranty claim is also excluded if the defect has arisen because the warrantee has not reported a defect immediately or has not immediately given the opportunity to the warrantor to remedy the defect.
3.5 Natural abrasion, i.e. normal wear and tear of the spare part that is not caused by defects in materials or workmanship, and consequential damage due to natural abrasion are not covered by the warranty.
4 Services in the Event of a Warranty Claim
4.1 In the event of a warranty claim, the warrantor shall have the defect remedied free of charge by an authorised dealer or repair shop (rectification).
4.2 Within the scope of rectification, the warrantor may, at his own discretion, either replace or repair a defective spare part. The parts installed or repaired within the scope of the rectification of defects shall be covered accordingly under the warranty until the end of the period of the Porsche warranty for spare parts.
4.3 The warranty does not grant the warrantee any further claims against the warrantor. In particular, the warranty does not cover claims for compensation, e.g. for the provision of a loaner vehicle, for damages, for reimbursement of futile expenses or for loss of use. This also applies if a defect cannot finally be remedied by rectification.
4.4 Claims based on intentional or grossly negligent conduct by the warrantor, its legal representatives or its vicarious agents and claims based on injury to life, limb or health shall remain unaffected by the limitations set out in Section 4.3.
5 Processing of the Warranty Claim
In order to avoid any consequential damage, the warrantee is obliged to notify an authorised dealer or repair shop of a defect immediately after it first occurs and to present the invoice or other proof of the existence of the warranty, to have the authorised dealer or repair shop record the defect and provide all necessary information, and to make the spare part available to the authorised dealer or repair shop for the recording and rectification of the defect.
6 Transfer of the Warranty
In the event of the sale of the spare part, the warrantor agrees to the assumption of the warranty contract by the new purchaser. The new purchaser takes the place of the warrantee and assumes the warranty to the extent and with the remaining warranty period existing at the time of the assumption.
7 Limitation
The warrantee's claims under the warranty expire six months after receipt of the notice of claim by the warrantor or by an authorised dealer or repair shop (the earlier date applies), but no later than six months after the expiry of the warranty period, whereby the notice of claim does not suspend the limitation period.
8. Final Provisions
The warranty and its interpretation shall be governed by the law of the registered office of the warrantor to the exclusion of the provisions of private international law and the UN Convention on Contracts for the International Sale of Goods (CISG).