38 demonstrates that such lack of required
maintenance is a direct cause of the emission
control system failure. The instructions for
required maintenance and use can be found in
the Owner’s Manual and in the Service section
of this Statement.
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 replace-
ment of the emission control systems
performed by any automotive repair estab-
lishment, 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
(including 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. Re-
placed 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 mainte-
nance, repair or replacement of components
affecting emission control, the owner should
obtain assurances that such parts are war-ranted 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 parts cause
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 inadequate
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 WARRAN-
TIES, 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
