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Every effort is made by Continental Tyre PJ Malaysia Sdn Bhd (“CTPM”) to ensure the highest possible standards of both material and workmanship. Subject to the terms and conditions set out herein, CTPM hereby warrants that the tyres supplied to its Customer (references to “Customer” under this policy refers to purchasers of CTPM tyres) are warranted against failure to complete their recommended life span as a result of any inherent deficiency relating to materials or workmanship.
1. PRODUCT COVERED & TERRITORY
1.1 CTPM Passenger Light Tyres (“PLT”) and Commercil Vehicle Tyres (“CVT”)2 used in normal service and in accordance with the maintenance recommendations and safety warnings of CTPM, are covered by a warranty against inherent defects in workmanship and materials subject to the conditions set out below.
1.2 The tyres covered by this warranty policy must be tyres purchased from an authorized local CTPM distributor in Malaysia, and the tyres must have been used in normal service for the majority of time in Malaysia.
2. CONDITIONS OF WARRANTY
2.1 The warranty shall not cover tyre failure and/or damage to the tyre arising out of circumstances beyond CTPM’s control which include but are not limited to the following:
2.1.1 Tyre damage/failure due to willful, reckless, or negligent abuse of the tyre or as the result of external causes (such as punctures, impact ruptures, cuts, snag, bruise, damages/bead rupture, repairs);
2.1.2 Tyre failure due to incorrect mounting, usage or wheel imbalance;
2.1.3 Tyres fitted to or used with incompatible or improper valves, rim & wheel;
2.1.4 Mechanical irregularity in vehicle or such as wheel or axle misalignment resulting irregular wear, rapid wear, damages to under-tread, carcass or steel belts;
2.1.5 Minor irregularities not affecting the quality, performance, or function of the tyre;
2.1.6 Under inflation or over inflation of the tyre, against the recommended inflation pressure specified by CTPM;
2.1.7 Tyre damage due to sidewall impacts or running over road hazards;
2.1.8 Loading the vehicle beyond the recommended capacity shown in the vehicle tyre placard or the load index marked on the tyre sidewalls;
2.1.9 Off-road use of the tyre;
2.1.10 Improper tyre storage conditions resulting in damages to tyres, tubes or flaps;
2.1.11 Modifications to tyres outside of CTPM’s recommendations;
2.1.12 Force majeure incidents such as natural disasters and/or any act of God, including but not limited to incidents such as acid rain, hail, tsunami, explosions and/or fire; and
2.1.13 Other external causes such as accidents, collisions, or other actions or events beyond CTPM’s control.
For the avoidance of doubt, normal wear and tear of the tyre does not constitute an inherent deficiency in the materials or workmanship of the tyre.
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3. DURATION OF WARRANTY
3.1 For Malaysia, the following warranties apply :
i) PLT : 5 years from the date of installation by a Customer provided that the date of purchase is within 5 years of the manufacturing date (“Malaysia Warranties”).
ii) CVT : 5 years of the manufacturing date
3.2 The manufacturing date is indicated on the sidewall of the tyre as follows:
3.3 Claims under this warranty shall not be processed if they are made outside of the relevant periods stated in paragraph 3.1 above.
3.4 The Malaysia Warranties applies to purchases made in Malaysia only. Proof of purchase is required.
4. PRORATED PRODUCT ADJUSTMENT UNDER THE WARRANTY
4.1 Warranty claims by the Customer will be processed exclusively through an authorized local CTPM distributor. To claim under CTPM’s warranty policy, Customers must contact and present the tyre to the authorized local CTPM distributor which they have purchased the tyre from. Depending on the authorized local CTPM distributor’s terms and conditions of sale, the Customer may receive a prorated product adjustment in the form of a tyre replacement, concessions and/or pro-rated reimbursements (“Adjustment”).
4.2 Any Adjustment made under this warranty policy will only be considered upon inspection of the tyre by an accredited representative of CTPM or authorized local CTPM distributor and such determinations made will be binding. Adjustments made will be pro-rated subject to the average unused remaining tyre tread depth (“RTD”). The unused RTD is the original tread down to the level of tread pattern wear indicators – 1.6 mm of tread remaining.
4.3 Tyres presented for claim still remain the property of the consumer/owner and Continental do not take over responsibility for damages to, or loss of tyres which are in the control of a Continental tyre retailer for inspection to potential warranty adjustment. Once tyres are accepted for claim and adjustment, they become the property of Continental.
4.4 For the avoidance of doubt, this warranty shall not cover or include any duty or taxes incurred by the Customer in relation to the tyre or any incidental charges such as loss of use of vehicle, loss of time, tyre handling cost (mounting/balancing/alignment), expenses for fuel, telephone, travel, lodging, or damage to personal property, or any form of commercial or other loss of revenue.
5. GENERAL QUALIFICATION
5.1 This warranty policy shall be governed by and construed in accordance with the laws of Malaysia and parties submit to the exclusive jurisdiction of the courts of Malaysia.
5.2 Otherwise than as expressly provided herein, CTPM does not make any other representation or warranty or guarantee any other aspect of the tyres. To the extent permitted by law, all warranties and conditions, whether express or implied by statute, common law or otherwise are hereby excluded.
5.3 To the extent permitted by law, CTPM will not be liable for claims and/or damages arising out of (i) the circumstances set forth in Clause 2.1; (ii) any delays caused by the Customer’s failure to present the warranty claim in accordance with this warranty policy and/or (iii) any loss of profits, loss of business, depletion of goodwill or similar losses, loss of anticipated savings, any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
5.4 If any provision of this warranty policy shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this policy which shall remain in full force and effect.