Premium Plan. Peugeot 308 / 3008 / 4008 / 508 / 5008 / RCZ 5 YEAR / KM

Transcription

1 Premium Plan Peugeot 308 / 3008 / 4008 / 508 / 5008 / RCZ 5 YEAR / KM

2 IMPORTANT NOTE The services included in the maintenance plan is based on normal and not arduous (demanding or abnormal) conditions of use of Peugeot vehicles. Conditions of use of a vehicle may, in certain circumstances be deemed to be arduous. (demanding or abnormal) For a list of the arduous (demanding or abnormal) conditions, please refer to the Warranty and Service Book. The cost of any services administered outside of these normal conditions will be for the Client s account. If you have any queries in this respect, please contact your nearest Peugeot Authorised Repair Centre. Peugeot Premium Plan (for Peugeot 308, Peugeot 3008, Peugeot 4008, Peugeot 508, Peugeot 5008 and Peugeot RCZ models) 1. INTRODUCTION This Peugeot Premium Plan contract comprises a standard 5 year / km maintenance plan. 3 year / km warranty plan and 3 year / km Peugeot roadside assistance plan, provided and administered by Peugeot South Africa and which plans are standard on any new Vehicle purchased from 20 August 2012 onwards from a PCSA authorised dealer. A Client may choose to extend this Peugeot Premium Plan contract to a 5 year / km or 5 year / km maintenance contract in which case the costs of extending this Peugeot Premium plan contract will be charged separately by a PCSA authorised dealer to the Client. Please note, in the event that a Client exercises the option to extend the Peugeot Premium Plan contract, the inception or start date of such contract shall remain the date of purchase of the Vehicle. 2. DEFINITIONS AND INTERPRETATIONS Peugeot Citroën South Africa (Pty) Ltd t/a Peugeot South Africa Registration No: 2001/ / 07 Business Address: 44 Saturn Crescent, Linbro Business Park, Frankenwald, Sandton Postal Address: PO Box 389 Kelvin 2054 Tel: +27 (0) Fax: +27 (0) Website: In this Peugeot Premium Plan contract, unless the context requires otherwise, the words and expressions set out below will have the meaning assigned to them hereunder and similar expressions will have a corresponding meaning: Peugeot Premium Plan contract means this Peugeot premium plan contract; Owner s Handbook means an instruction manual for the Vehicle Peugeot Assistance means a comprehensive roadside assistance programme valid for 3 years or km, further details of which are contained in the Warranty and Service Book. The programme entails the provision of assistance in instances where the Vehicle breaks down and includes comprehensive benefits such as free medical advice and a 24 hour information service Client means the purchaser or owner of the Vehicle Maintenance plan means a 5 year or km maintenance plan which covers (i) all routine servicing of the Vehicle to take place in accordance with the service schedule set out in the Warranty and Service Book and (ii) maintenance and mechanical repairs required to be affected to the Vehicle as a result of normal wear and tear, other than in respect of the items specifically excluded in clauses 6 and 7 of this Peugeot Premium Plan contract Parties means the parties to the Peugeot Premium Plan contract, namely PCSA and the Client, and Party means either one of them as the context requires PCSA means Peugeot Citroën South Africa (Proprietary) Limited (registration number 2001/023277/07), a private company duly incorporated in accordance with the laws of the Republic of South Africa Peugeot Authorised Repair Centre means a PCSA approved repairer having signed a contract with PCSA, enabling it to carry out aftersales services and warranty repairs on Vehicles in accordance with the manufacturer s specifications Routine Services means services required in accordance with the service schedule as set out in the Warranty and Service Book Vehicle means the Peugeot passenger vehicle purchased or owned by the Client to which this Peugeot Premium Plan contract relates Warranty means the manufacturer s 3 years guarantee, which guarantee is limited to km (mileage) Warranty Start Date means the date on which the Client takes delivery of the Vehicle or as noted in the Warranty and Service Book Warranty and Service Book means the warranty and service book relating to the Vehicle, a copy of which shall be furnished to the Client. 2.2 In this Peugeot Premium Plan contract, except to the extent that the context requires otherwise or as expressly otherwise stipulated, the use of the word including followed by a specific example/s will not be construed as limiting the meaning of the general wording preceding it.

3 3. Contract period and mileage limit 3.1 The Client has 12 months from the date of delivery of the Vehicle by a PCSA authorised dealer to the Client to enter into the Peugeot Premium Plan contract, provided that at the time of entry into the Peugeot Premium Plan contract by the Client, the mileage recorded on the odometer of the Vehicle, if any, must not exceed the first service mileage limit of the Vehicle as set out in the Warranty and Service Book. 3.2 The Peugeot Premium Plan contract will terminate when either of the two events described below occur: At the end of the duration of the Peugeot Premium Plan contract. The starting point for this period will be the date of delivery of the new Vehicle Upon reaching , or kilometres on the Vehicle s odometer, in accordance with the Client s chosen option as exercised in accordance with this Peugeot Premium Plan contract. The starting point for this distance will be zero kilometres if the Client purchases a new vehicle. 3.3 The period and the mileage chosen by the Client must be defined on the date of entry into the Peugeot Premium Plan contract by the Client and are indicated on this Premium Plan contract. The Client must choose these criteria from the possibilities detailed in the pricelist in force on the day of entry into this contract. 3.4 Within the scope of the Peugeot Premium Plan contract and subject to compliance with section 57 of the Consumer Protection Act, 2008 ( CPA ), the term of this Peugeot Premium Plan contract shall not be extended in any way as a result of any possible interventions performed, such as those described in the following Services Provided clause. 4. Services provided The Client is entitled to the following services: 4.1 Technical interventions PCSA will cover the costs of any parts and labour including V.A.T. for the following services, provided that they are performed by a Peugeot Authorised Repair Centre, The replacement or repair, based on the Peugeot Authorised Repair Centre s opinion, of defective mechanical, electrical or electronic parts, i.e. parts which inhibit normal usage of the Vehicle in accordance with the Owner s Handbook ( Defective Parts ). Any other part or parts of the Vehicle which are damaged as a result of a Defective Part(s) will also be replaced or repaired pursuant to the terms of this Peugeot Premium Plan contract New or service exchange parts may be fitted as part of these operations at the discretion of PCSA or its area manager or technical expert Ownership of any part which has been replaced on the Vehicle in terms of the Peugeot Premium Plan contract shall vest in PCSA. 4.2 Peugeot Assistance The Peugeot Assistance contract validity period is 3 years or km in respect of the Vehicle, as applicable in accordance with the option that the Client chooses. Details can be found in your Warranty and Service Book 5. TERMS AND CONDITIONS 5.1 In order for the Peugeot Premium Plan contract to remain valid, the Client must ensure that the Vehicle is serviced in accordance with the manufacturer s requirements as stated in the Warranty and Service Book. 5.2 PCSA will, through a Peugeot approved dealer, carry out the necessary services to the Vehicles within the following parameters: All Routine Services must be in accordance within the prescribed schedules. This will include the supply of lubricants and necessary parts to complete the service; The provision of the necessary labour to perform the services. 5.3 The paintwork in respect of the Vehicle carries a warranty of 3 years for any original bodywork paint and lacquer defects. This is automatically transferable on the sale of the Vehicle, which will maintain and enhance the resale value of your Vehicle. 5.4 This maintenance plan is only applicable to Vehicles sold and operated in South Africa and the Republic of Namibia. 6. Peugeot Premium Plan contract does not cover: 6.1 The replacement, fitting, servicing or repair of accessories not originally fitted to the Vehicle or any damage caused as a consequence of such fitment; any modification of the Vehicle that would alter the manufacturer s specifications, which modification was performed without PCSA s prior written consent; 6.2 Breakage or damage to windows, headlights, lights, rear-view mirrors, loss of keys, wheel trims or remote controls; 6.3 Lubricants such as engine oil, transmission oil, brake fluid and other lubricants, fuel as well as windscreen washer liquid used to top up in-between Routine Services; 6.4 Any damage caused by the use of non PCSA specified lubricants as laid out in the Warranty and Service Book; or non-appropriate petrol or diesel; 6.5 Updating navigation systems and replacing fragrance cartridges; 6.6 Any supply of goods or services not expressly covered by the Peugeot Premium Plan contract; 6.7 The repair and replacement of: tyres, wheel alignment, windscreens, side windows, interior trims (including floor carpets, seat covers, door panels, seat cushions, back rest, arm rest and head rest covers) and dashboards, damage to paintwork and body panels, accessories, any aftermarket equipment not approved by the manufacturer, electrical, wiring, radios and associated components; 6.8 Identifying noises, wheel alignment checking and adjustment; 6.9 Any damage caused by accidental damage, negligence, recklessness, abuse or operating the Vehicle while under the influence of alcohol, drugs or any other substances that could impair the driver s ability to operate the Vehicle; 6.10 The Vehicle becoming lodged, stuck or bogged down in earth, mud or sand etc., immersion; 6.11 Damage occasioned by natural disasters, acts of vandalism, attacks, riots, immobilisation by security police or emergency services, acts of war, terrorism, the failure of or damage to any component caused by any object from an external source; 6.12 Any repairs resulting from the Client not adhering to the manufacturer s servicing requirements; or any repairs carried by any repairer other than a Peugeot Authorised Repair Centre; 6.13 Cleaning the Vehicle and its engine; valet services, including trim and upholstery; 6.14 Any additives such as cleaners or metalisers not specified by the manufacturer; 6.15 Charges incurred for any maintenance service occurring outside South Africa, except if PCSA has given the Client its prior written approval for an agreed value in South African rand; 6.16 Repairs or replacements arising out of any consequential loss of whatever nature; and replacement of any items missing from the Vehicle; 6.17 Instances where the odometer of the Vehicle has been modified or its actual mileage cannot be established with certainty due to any act or omissions of the Client; 6.18 Costs incurred for the modification or addition of any accessories whether PCSA are obliged by law to modify or add accessories. Modification in this clause includes upgrading emission systems, tyres, wheels, shock absorbers, or any other equipment fitted to or forming part of the Vehicle. Maintenance or repairs directly resulting from such modifications are also excluded unless otherwise specifically included. In the event that the modifications or repairs are necessitated by the institution of product recall campaigns by the Consumer Commission, in terms of the CPA, PCSA will bear all costs associated with such product recall campaigns; and 6.19 Acts of God. Please note: The quality of services included in the maintenance plan is based on use of the Vehicle in normal and not arduous conditions. Given that the Vehicle may be operated under arduous conditions, please refer to the Warranty and Service Book for a list of arduous conditions and note that the cost of services rendered as a consequence of a Vehicle being operated outside of these normal conditions will be for the Client s account.

4 7. OBLIGATIONS OF THE CLIENT The provision of the services pursuant to this Peugeot Premium Plan contract is subject to the Client s compliance with the following conditions during the entire duration of this Peugeot Premium Plan contract: 7.1 Operate the Vehicle in a safe and lawful manner as prescribed by the manufacturer and the National Road Traffic Act 93 of 1996, as amended from time to time; 7.2 Not load the Vehicle in excess of the specifications as laid out in the Owner s Handbook; 7.3 Not carry more than the prescribed number of people as specified in the Owner s Handbook; 7.4 Not modify the Vehicle in any manner without the written consent of PCSA; 7.5 The correct fluids and lubricants (ie. water and oil) levels must have been permanently maintained; 7.6 Not tow any trailer or caravan in excess of the specified weight limitations as laid out in the Owner s Handbook; 7.7 Not use the Vehicle for ANY form of motorsport; 7.8 Not use the Vehicle for rental, as a taxi, or for driver tuition; 7.9 Make the Vehicle available to a Peugeot Authorised Repair Centre, by prior appointment, on or before the recommended service interval. A leeway of 1500 km or 30 days, on either side of the service interval, is allowed; 7.10 Ensure that the repair order is correctly completed and signed by the Client and the relevant Peugeot Authorised Repair Centre service advisor; 7.11 Ensure that the Warranty and Service Book is provided to the repairing dealer; 7.12 Ensure that any accident damage is repaired by a Peugeot Authorised Repair Centre; 7.13 Ensure that the Vehicle is kept in a roadworthy condition; 7.14 Carry out a monthly check of the fluid levels and tyre pressures, and ensure that they are in accordance with PCSA specifications; 7.15 Notify PCSA, as soon as possible, of any failure in the Vehicle s odometer; 7.16 Not interfere with, alter or vary the readings of the odometer; and 7.17 If one or more of the following arduous (demanding or abnormal) conditions of use apply to the Vehicle, the Vehicle must be serviced in accordance with the specific servicing plan set out in the Warranty and Service Book: Vehicles with diesel engines that do not use 50 PPM diesel which is recommended for the Vehicle; Continuous, repetitive short distances of travel; Urban use (as a taxi, ambulance, or delivery vehicle); Repeated short journeys with a cold engine at low temperatures; Extended use in: Hot countries with temperatures frequently above 30 C during summer; Cold countries with temperatures frequently below -15 C during winter; Rural areas; or Countries where the fuel does not meet PCSA recommendations, as set out in the Warranty and Service Book and the Vehicle s handbook. 8. LIMITATIONS 8.1 PCSA will be obliged to provide the aforementioned services for the duration of the Peugeot Premium Plan contract or until the maximum allowed kilometres have been reached, whichever occurs first. 8.2 The Client shall not be entitled to assign any of its rights or obligations in terms of this contract to a third party without the written consent of PCSA, as the rights granted in terms of the Peugeot Premium Plan contract are personal to the Client. 9. BREACH 9.1 Should the Client be in breach of any of the provisions of this Premium Plan contract and remains in breach after 20 days written notification to rectify such breach, PCSA reserves the right, without prejudice to any other rights it may have in the law, to cancel this Premium Plan contract and recover, from the Client, any legal fees and other costs necessitated by the cancellation. 9.2 PCSA shall be entitled by giving 20 days written notice of cancellation to cancel this Premium Plan contract, in the event of: Any unauthorised material modification of the Vehicle resulting in any additional work or repairs to be undertaken by a Peugeot Authorised Repair Centre; Any repairs carried out on the Vehicle by a repairer other than a Peugeot Authorised Repair Centre; Any tampering with the odometer of the Vehicle by the Client; Failure on the part of the Client to service the Vehicle in accordance with the manufacturer s recommendations contained in the Warranty and Service Book; or The Client providing false or misleading information to the Peugeot Authorised Repair Centre or PCSA. 9.3 The effective date of the cancellation shall be the date on which the 20 day written notification period has expired. Thereafter, the Client shall have no further rights in respect of this Premium Plan contract, nor will the Client be able to claim a refund for the balance of the Premium Plan contract. 9.4 Should PCSA be in breach of any of the provisions of this Premium Plan contract and remains in breach after 20 days written notification to rectify such breach has been received by PCSA, the Client reserves the right, without prejudice to any other rights it may have in the law, to cancel this agreement and recover, from PCSA, any legal fees and other costs necessitated by the cancellation. 10. The Contract automatically terminates in the following instances: 10.1 If the Vehicle becomes completely unusable after an accident; 10.2 If the Vehicle is stolen and not recovered within 30 days after the report of the theft to the South African Police Services; or 10.3 If the Vehicle is registered outside South Africa and the Republic of Namibia For this purpose, the Client undertakes to inform PCSA by registered post within 45 days after the occurrence of an event referred to in this 10 The letter must be accompanied by: The copy of the Premium Plan contract and any possible amendment agreement(s) entered into by the Client and PCSA; In the event of total loss or write-off of the Vehicle, a copy of the certificate from the insurance company, if the Vehicle is insured, or the vehicle assessor confirming that the Vehicle has been classified as a writeoff. If the Vehicle is not insured, a letter from the Client will be sufficient; or In the event of theft, a copy of the South African Police Services theft report or CAS number and a copy of the Vehicle reimbursement agreement from the insurance company In any of the instances referred to in clauses 10.1 to 10.4 above, the remaining Premium Plan contract value will be repaid to the Client. This amount will be calculated on a pro rata basis taking into account the mileage covered by the Client since the start of the Premium Plan contract, i.e. from the zero kilometre reading on the odometer of the Vehicle, and the mileage remaining up to the mileage limit applied for by the Client, including any possible amendment thereto. In all other instances, there shall be no pro-rated repayment to the Client Any unauthorised modification of the Vehicle resulting in any additional work or repairs to be undertaken by a Peugeot Authorised Repair Centre; 10.7 Any repairs carried out by any repairer other than a Peugeot Authorised Repair Centre; 10.8 Any tampering with the odometer of the Vehicle; 10.9 Failure on the part of the Client to service the Vehicle in accordance with the manufacturer s recommendations; or the Client providing false information to the dealer or PCSA; or The effective date of cancellation shall be the expiry of the 20 day written notification period referred to in Thereafter, the Client shall have no further rights in respect of this Premium Plan contract, nor will the Client be able to claim a refund for the balance of the Premium Plan contract.

5 11. WAIVER THIS CLAUSE 11 CONSTITUTES AN ASSUMPTION OF RISK, LIABILITY OR BOTH BY THE CLIENT. IT LIMITS OR EXCLUDES THE CLIENT S RIGHTS AND REMEDIES AGAINST PCSA IN THE CIRCUMSTANCES DESCRIBED BELOW. THIS MEANS THAT THE CLIENT WILL BE FINANCIALLY RESPONSIBLE FOR HIS OR HER OWN LOSSES IN THESE INSTANCES. TO THE MAXIMUM EXTENT PERMISSIBLE IN LAW, PCSA SHALL NOT BE LIABLE TO THE CLIENT IN RESPECT OF: ANY LOSS OR DAMAGE TO ANY PROPERTY LEFT IN OR ON THE VEHICLE FOR ANY REASON WHATSOEVER WHILE THE VEHICLE IS IN THE CARE OF PCSA OR ANY OF ITS AUTHORISED DEALERSHIPS, FOR THE PURPOSE OF THIS CONTRACT; AND ANY LOSS, EXPENSE, CLAIM OR DAMAGE, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING FROM THE PROVISION OF THE SERVICES TO THE CLIENT IN TERMS OF THIS AGREEMENT. NOTHING CONTAINED IN THIS CLAUSE 12 PURPORTS TO EXCLUDE PCSA OR ITS APPROVED DEALERSHIP S LIABILITY IN RESPECT OF FRAUD, WILFUL MISCONDUCT OR GROSS NEGLIGENCE ON ITS PART. 12. GENERAL 12.1 Unless otherwise applicable in law, this Premium Plan contract constitutes the sole record of this Premium Plan contract between the Parties and no warranties, representation, undertaking, guarantee or any term or condition of whatever nature not contained and / or recorded herein will be binding on any Party Any deviation to this Premium Plan contract must be agreed to in writing by both Parties The person signing this Premium Plan contract on behalf of the Client warrants that he/she is so authorised and that all information contained herein is true and correct It is the Client s obligation to operate and care for the Vehicle as set out in the Warranty and Service Book In the event of any dispute between the Client and the Peugeot Authorised Repair Centre, the decision of the Motor Industry Ombudsman shall be final and binding between the Parties. CONSUMER PROTECTION CLAUSES KINDLY ANSWER THE QUESTIONS BELOW IN THE SPACE PROVIDED Are you legally able to contract on your own behalf? YES NO Are you 18 years old or older? YES NO If you are under age 18, please arrange for your parent or guardian to sign here to indicate that they ratify this contract: Full name of parent or guardian:... Address and telephone number for parent or guardian: Do you have a mental or physical disability which affects your ability to protect your interests in contacting with PCSA?... What is your highest educational qualification?... Do you understand English well enough to understand this contract? YES NO Have you previously entered into a maintenance plan contract? YES NO Agreed to and signed at... on this the... day of CHANGE OF ADDRESS OR OWNERSHIP If you change your address or sell your vehicle, complete the form below and return to your nearest Peugeot Authorised Repair Centre. Change of address Sale of the vehicle Change of address Sale of the vehicle Change of address Sale of the vehicle Change of address Sale of the vehicle Signature:...

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