California Emission Control
System Limited Warranty*
This warranty applies to California certified
vehicles distributed by BMW of North
America (BMW NA) or sold through the BMW
NA European Delivery Program, registered
and operated primarily in California.
BMW NA warrants to the original purchaser
and each subsequent owner that the vehicle
is:
(a) designed, built and equipped so as to
conform with the applicable California Air
Resources Board emission standards.
(b) free from defects in materials and
workmanship which cause any part that
can affect emissions to fail to conform
with applicable requirements or to fail a
California Smog Check test or EPA
approved short test for a period of 3
years or 50,000 miles, whichever occurs
first.
(c) free from defects in materials and
workmanship in emission related parts,
which are contained in the California
Emission Warranty Parts List on page 40,
for a period of 7 years or 70,000 miles,
whichever occurs first.
This warranty begins on the date of first retail
sale, or the date the vehicle is first placed in
service as a demonstrator or company
vehicle, whichever is earlier.
To obtain service under this warranty, the
vehicle must be brought, upon failure of a
Smog Check test or upon discovery of the
defect, to the workshop of any authorized
BMW center, during normal business hours.
The BMW center will honor or deny your
claim within 30 days. If the claim is denied,
the BMW center will notify you in writing of
the reason(s). The BMW center is required
by law to honor the claim if notice is not given
to the owner within 30 days.
The BMW center will, without charge for parts
or labor (including diagnosis), either adjust,
repair or replace the defective part and other
parts affected by the failure of the warranted
part, if any. If your vehicle failed the California
Smog Check test or an EPA approved shorttest, then BMW NA will repair your vehicle so
that it will pass this test. Items that require
scheduled replacement are warranted up to
the replacement interval specified in the
Service section of this Statement. BMW NA
may repair a part in lieu of replacing it when
performing warranty repairs. Parts for which
replacements are made become the property
of BMW NA. After 3 years or 50,000 miles,
and in accordance with paragraph (c) above,
such repairs are limited to the repair or
replacement of those parts identified in the
California Emissions Warranty List.
If your California registered vehicle is
between 7 and 8 years old and has been
driven less than 80,000 miles, then your
vehicle is eligible for additional warranty
coverage under the Federal Emissions
Warranty.
A repair performed as the result of a smog
check test failure due to a defect in a part,
which is warranted for 7 years/70,000 miles,
is covered.
In all cases, a reasonable time, not to exceed
30 days, must be allowed for a warranty
repair to be completed, after the car is
received by the BMW center.
It is the owner’s responsibility to have all
required maintenance services performed (at
the owner’s expense), as prescribed in the
maintenance schedule for the BMW Emission
Control System. Service intervals are
computed by the service interval indicator
and displayed on the instrument panel.
However, BMW NA will not deny your
warranty repair claims solely because you do
not have maintenance records or you did not
perform the required maintenance unless
BMW NA demonstrates that such lack of
required maintenance is a direct cause of the
emission control system failure. The instruc-
tions for required maintenance and use can
be found in the Owner’s Manual and in the
Service section of this Statement.
*The California Emissions Control System
Limited Warranty applies to all 2004 U.S.
specification BMW vehicles sold, leased,
and/or registered in California, Maine,
Massachusetts or Vermont.
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It is strongly recommended that any replace-
ment parts used for maintenance, repair or
replacement of emission control systems be
genuine BMW Service Parts or BMW
Authorized Remanufactured Parts. Without
invalidating this warranty, the owner may elect
to have maintenance, repair or replacement
of the emission control systems performed by
any automotive repair establishment, or elect
to use parts other than BMW Authorized
Remanufactured or genuine BMW Service
Parts. However, the cost of such service or
parts will not be covered under this warranty,
except in emergency situations. In an
emergency situation, where an authorized
BMW center is not reasonably available or a
warranty replacement part is not available
within 30 days, repairs may be performed at
any available service establishment or by any
individual using any replacement part.
A repair not completed within 30 days consti-
tutes an emergency. BMW NA will reimburse
the owner for such emergency repairs (includ-
ing labor, parts and diagnosis not to exceed
BMW suggested retail price for all warranted
parts replaced and labor charges based on
the manufacturer’s recommended time
allowance for the warranty repair and the
geographically appropriate hourly labor rate)
that are covered under this warranty.
Replaced parts and paid invoices must be
presented to a BMW center as a condition of
reimbursement for emergency repairs not
performed by a BMW center.
The use of replacement parts, which are not
of equivalent quality, may impair the effective-
ness of emission control systems. If other
than genuine BMW Service Parts or
Authorized Remanufactured Parts are used
for maintenance, repair or replacement of
components affecting emission control, the
owner should obtain assurances that such
parts are warranted by their manufacturer to
be equivalent to genuine BMW parts in
performance and durability. BMW NA
assumes no liability under this warranty with
respect to parts other than genuine BMW
parts.
However, the use of non-BMW replacement
parts does not invalidate the warranty on
other components, unless non-BMW partscause damage to warranted parts.
What is not covered
This warranty does not cover malfunctions
caused by any of the following: accident,
flood, misuse, modification, alteration,
tampering, disconnection, improper or inade-
quate maintenance, except if performed by an
authorized BMW center doing warranty repair
work, use of leaded fuel or fuel other than as
specified in the Owner’s Manual.
The replacement of maintenance parts, such
as spark plugs, filters and similar items used
in required maintenance services or the
repair or replacement of maintenance parts
beyond the first replacement interval.
Any car on which the odometer has been
replaced or altered and the true mileage
cannot be determined.
The car, if the vehicle identification number is
altered or cannot be determined, or if the car
has been declared a total loss or sold for
salvage purposes.
General
The warranty gives you specific legal rights,
and you may also have other rights which
vary from state to state.
THE DURATION OF ANY IMPLIED
WARRANTIES, INCLUDING THE IMPLIED
WARRANTY OF MERCHANTABILITY, IS
LIMITED TO THE DURATION OF THE
EXPRESS WARRANTIES HEREIN. BMW
OF NORTH AMERICA HEREBY EXCLUDES
INCIDENTAL AND CONSEQUENTIAL
DAMAGES, INCLUDING LOSS OF TIME,
INCONVENIENCE, OR LOSS OF USE OF
THE VEHICLE, FOR ANY BREACH OF ANY
EXPRESS OR IMPLIED WARRANTY,
INCLUDING THE IMPLIED WARRANTY OF
MERCHANTABILITY, APPLICABLE TO THIS
PRODUCT.
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