1 Introduction

1.1 This is a warranty given by Quinton Hazell Automotive Limited (“the Company”) in relation to the clutch pack (“the Product”), as further defined below, purchased from new by the consumer (“You”) from one of the Company’s authorised suppliers/fitters or, in the case of a replacement, through a garage specifically authorised in accordance with the claims procedure set out below (“the Garage”).

1.2 Subject to the more detailed provisions set out below, in simple terms, the warranty is a lifetime warranty for the repair or replacement (together with the attendant labour costs) of any part of the Product that proves to be defective or fails at any time over the period during which the Product is incorporated into the vehicle into which it was installed whilst that vehicle is owned by You.

1.3 For the purposes of this warranty the Product is the QH 3-in-1 Clutch Kit which comprises the Cover Assembly, Driven Plate and Release Bearing (or Concentric Slave Cylinder).

2 Lifetime Warranty

2.1 The Company warrants to You that the Product will be free from defects in design, materials or workmanship and that it will continue to operate in accordance with its [claimed] specifications and operating parameters whilst installed on the vehicle into which it is originally installed and while You are the registered keeper of that vehicle.

2.2 In accordance with the detailed exceptions set out below, the warranty attaches only to installation of the Product in private passenger cars being used under normal operating conditions (though will apply to privately owned vehicles or “company cars” even if they are likely to cover high mileages).

2.3 In relation to a proper claim under this warranty, the Company will bear the cost of:

(i) replacement of the whole or part of the Product; and

(ii) the labour costs of the Garage concerned (as those costs relate solely to the replacement of the whole [or part] of the Product), however,You should note that individual replacement parts are not independently covered by this warranty (whether originally fitted or fitted as part of a warranty claim) and the warranty only applies to a fitting of the whole clutch pack product described above.

3 Exceptions

3.1 You will appreciate that the Company cannot warrant performance of the Product in all circumstances and that, in accordance with the introduction set out above and Clause 2.2, the warranty is only given to owners of private cars and not in relation to commercial vehicles of any description.

3.2 The warranty does not apply to:

(i) the Product if installed on a vehicle other than the vehicle on which the Product was originally installed;

(ii) damage or wear to the Product that occurs either directly or indirectly through accidents. By “indirectly” the Company means that the vehicle is involved in an accident in which damage to the Product is not immediately evident but which proves to have been the cause of damage or wear to the Product discovered at a later date;

(iii) alterations to, abuse of, negligence, neglect of, or misuse of the Product by You or any authorised user of the vehicle;

(iv) incorrect installation of the Product or installation of the wrong model of Product on the wrong type of vehicle;

(v) malfunction, incorrect installation or misuse of another component which results in or contributes to the Product’s failure. For example, if faulty calibration of the clutch assembly results in excessive or uneven wear or operation that puts undue stress on the Product;

(vi) products installed on commercial, public service, private hire, taxi, governmental or racing vehicles, vehicles habitually or regularly used off-road or industrial motor vehicles;

(vii) the Product if is not purchased from an authorized installer or retailer;

(viii) the costs of any work carried out by the Garage that are not directly connected with replacement of the Product and agreed by the Garage with the Company in accordance with the procedure set out in Clause 5;

(ix) the costs of recovery or towing of the vehicle to a garage or other costs associated with bringing the vehicle to a place where the warranteed work can be carried out. In addiction, any transportation costs of the vehicle between garages is not covered nor is any cost that You or the user of the vehicle and any passengers incur even arising from a failure or malfunction of the Product.

3.3 Irrespective of any exclusions or limitations in this warranty, the warranty will become totally invalid and unenforceable by You against the Company:

(i) if You have yourself attempted to repair, replace, adjust or otherwise deal with the Product; or

(ii) where any work has been undertaken in relation to the Product by a garage or mechanic not specifically authorised to do so under the procedure set out in Clause 5; or

(iii) if You instruct someone to repair, replace or work on the Product to any degree (other than to evaluate whether it is malfunctioning) in contravention [or in anticipation] of the process set out in Clause 5; or

(iv) if the vehicle is suffering from other damage or malfunction such that it is, or is likely to be, an economic or safety-related write-off; or

(v) if for any other reason the vehicle would be, or would likely to be, un-roadworthy for reasons not connected with the Product or any replacement of it or would not for any other reason be legally permitted to be used in future by You or anyone authorised by you.

3.4 As distinct from the exclusions and limitations set out in this warranty and the terms of Clause 3.3, this warranty will lapse and be of no further effect if:

(i) You sell or otherwise dispose of the vehicle into which the Product is originally installed;

(ii) the use of the vehicle changes such that it comes within any of the types of uses that exclude application of the warranty; or

(iii) the Product is removed from the vehicle on which it was originally installed for any period and for any reason, even if it is later re-installed.

3.5 This warranty is personal to You and is not transferable or capable or being assigned or disposed of by You in any way whatsoever and, to confirm other clauses of this warranty, exists only in relation to the vehicle on which the Product is originally installed while it is owned by You.

3.6 In this regard, to confirm the operation of Clause 3.4

(i), above, any disposal by You will result in the lapsing of this warranty and irrespective of whether You later reacquire the vehicle on which the Product was originally installed, the warranty will have lapsed and will therefore be of no further effect.

4 Other Limitations

4.1 This warranty, should the Product fail in circumstances permitting You to make a claim, shall not be deemed to have failed of its essential purpose so long as the Company is willing and able to provide a replacement Product or part.

4.2 The Company’s maximum liability for damages including, without limitation, contract damages and damages for injuries to persons or property, with respect to the Product or any services in connection with the Product, is limited to an amount not to exceed £1000.

4.3 This Clause states Your sole and exclusive remedy for breach of warranty by the Company and any costs of recovery, towing, storage and additional repairs are not covered neither shall the Company be liable for any incidental, punitive, consequential or special damages alleged to have been incurred by You or any third party including (without limitation) loss of perishable goods or loss of opportunity, contracts or loss of enjoyment, disappointment or hurt feelings, accommodation and/or subsistence expenses.

4.4 You acknowledge the limitation of the extent of the warranty contained in this document and also the damages limitation set out above should the Company breach the terms of this warranty. As such,You acknowledge both that you will make proper efforts to obtain the support of breakdown assistance organisations to which you might belong (whether based on insurance or howsoever) and that You have an obligation to have Your vehicle repaired as soon as possible to prevent damages claims being unnecessarilyincurred.Accordingly, any claim by You for loss of the use of the vehicle will not be covered by the terms of this warranty and You should not delay having repairs effected on the assumption that You will be able to make any sort of claim based on the unavailability of the vehicle as the Company’s obligation

to You in damages, as set out above, is to pay for the cost of replacement Product through the system established under this warranty.

5 Claims Procedure

5.1 We will replace any product we determine does not conform to the warranty provided you comply with the following product return and claims procedure:

(i) If You discover or suspect a fault with the Product, arrange for the vehicle to be taken to a reputable garage as soon as possible: and ideally without having to be driven.

(ii) Notwithstanding (i), above, the warranty does not extend to the attendant costs of recovery or towing of the vehicle (please refer to Clause 4) so please be aware that any costs of this nature will be have to be met by You.

(iii) You are not precluded from taking the vehicle to any garage. However, if you had the Product installed by a particular garage or chain of garages, then it may speed up the repair process if You were to return to that same garage as they will be fully up to speed with the Company’s procedure on replacement Products and will likely have some in stock.

(iv) When the vehicle is taken to a garage, the garage or relevant mechanic must telephone our helpline number (which will appear on material made available to you in purchasing this warranty) and be able to quote your unique customer number to us.

Failing this, if You can give the helpline the security information it may require, the Company should be able to identify you from its database.

(vi) Again, it will speed up the replacement process if You keep your [certificate] with the vehicle as it will help validate Your claim more quickly.

(vii) Once the Company has agreed with the Garage that the replacement is to be undertaken, the Garage will do that work at the Company’s cost. As set out in this document, the Company is only responsible for the labour costs associated with the replacement of the Product and the cost of a new Product.

(viii) If Your vehicle is in the Garage because of other mechanical reasons or as a result of an accident, there may be other aspects to the overall repair that the Company will not be liable to pay for You.You should take this into account and ensure that, in this regard, the Garage is quoting You only for the work it is going to do over and above replacing the Product.

(ix) You should not receive any invoice from the Garage for work connected with replacing the Product.The Company will deal with the Garage and issue it a purchase order or authorise the Garage to raise an invoice that will be addressed to and be payable by the Company.

(x) You should not authorise a garage to undertake the work in advance of agreeing the claim through this procedure.The Company will not be liable as it will not reimburse You “after the event”, even if the claim is one which the Company would, on its facts, have been liable to meet under the terms of this warranty as by then, the costs that would have been incurred by the garage instructed by you would have been incurred without the Company’s specific authority and without any control on its part of the level of those costs.The Company believes that it is offering a responsive mechanism for agreeing to meet valid clams that should allow You and any garage to which the vehicle is taken to make such claims within the structure set out above: if You instruct a garage to do the work in advance of the garage getting clearance under the usual process, then the warranty is void.

6 Miscellaneous

6.1 No employee of the Company or any person employed by any retailer or garage selling the Product to which this warranty attaches is authorised or empowered to modify, vary, alter, supplement or enhance the terms of this warranty.

6.2 No person who is not a party to this warranty shall be entitled to enforce any provision of it that expressly or by implication confers a benefit on that person and the Contracts (Rights of Third Parties) Act 1999 shall not apply to this warranty.

7 Preservation of Statutory Rights

7.1 Your statutory rights are not affected by this warranty.