
BMW OF NORTH AMERICA HEREBY
EXCLUDES INCIDENTAL AND CONSEQUEN-
TIAL DAMAGES, INCLUDING LOSS OF TIME,
INCONVENIENCE, OR LOSS OF USE OF THE
SAV, FOR ANY BREACH OF ANY EXPRESS OR
IMPLIED WARRANTY, INCLUDING THE
IMPLIED WARRANTY OF MERCHANTABILITY,
APPLICABLE TO THIS PRODUCT.
Some states do not allow limitations on how long
an implied warranty lasts, or the exclusion or lim-
itation of incidental or consequential damages,
so the above limitations and exclusions may not
apply to you.
This warranty gives you specific legal rights, and
you may also have other rights which vary from
state to state. Any legal claim or action arising
from any express or implied warranty contained
herein must be brought within 12 months of the
date it arises.
This warranty does not apply to the following:
a. Damage caused by negligence, improper
accident damage repairs, or improper use.
b. Damage attributable to failure to perform
required inspections/maintenance at the
specified intervals or in accordance with the
BMW rust inspection/maintenance program
instructions. Proof must be provided by a paid
invoice or filling in the appropriate boxes in the
Service Section of this Statement.
BMW will not accept any liability for any parts
and accessories not approved by BMW.
This warranty shall be null and void if the SAV
identification number has been altered or
cannot be read, if the odometer has been
replaced or altered and the true mileage can-
not be determined, if the SAV has been
declared a total loss or sold for salvage pur-
poses, or if the SAV has been used in any
competitive event.
Federal Emissions System Defect
Warranty (Valid only in the U.S.A.
and Puerto Rico)
This warranty applies only to U.S. specification
SAVs distributed by BMW of North America
(BMW NA) or sold through the BMW NA Euro-
pean Delivery Program.
In accordance with the defect warranty provi-
sions of section 207(b) of the Clean Air Act,
BMW NA warrants to the first retail purchaser,
and each subsequent purchaser, that the SAV (a)
was designed, built and equipped so as to con-
form, at the time of sale, with all regulations of
the U.S. Environmental Protection Agency appli-
cable at the time of manufacture and (b) is free
from defects in materials and workmanship
which would cause it to fail to conform with appli-
cable regulations for a period of 2 years or
24,000 miles, whichever occurs first, except for
specific emission control components (as listed
on page 35), for which the warranty period is 8
years or 80,000 miles, whichever occurs first.
This warranty begins on the date of first retail
sale, or the date the SAV is first placed in service
as a demonstrator or company vehicle, whichever
is earlier.
Warranty claims must be made as soon as rea-
sonably possible after a defect is discovered. To
make a claim, the SAV must be brought to any
authorized BMW SAV center during normal busi-
ness hours.
The authorized BMW SAV center will, without
charge for parts or labor (including diagnosis),
either repair or replace the defective part, if any.
The decision whether to repair or replace said
parts is solely the prerogative of BMW NA and
must be expected to correct the failure of the
warranted part. Parts for which replacements are
made become the property of BMW NA. In all
cases, a reasonable time must be allowed for
warranty repairs to be completed after the SAV is
received by the authorized BMW SAV center.
For assistance in determining which specific
parts or components of your vehicle are covered
under this warranty, please contact your autho-
rized BMW SAV center.
32

It is the owner’s responsibility to have all sched-
uled inspection and maintenance services per-
formed (at the owner’s expense), as prescribed in
the maintenance schedule for the BMW Emis-
sion Control System. Service intervals are com-
puted by the onboard BMW service interval
indicator and displayed on the instrument panel.
The instructions for proper maintenance and use
can be found in the X5 Owner’s Manual. It is
strongly recommended that any replacement
parts used for maintenance, repair or replace-
ment of emission control systems be certified
BMW Service Parts or BMW Authorized
Remanufactured Parts. Without invalidating this
warranty, the owner may elect to have mainte-
nance, repair or replacement of the emission
control systems performed by any automotive
repair establishment, or elect to use parts other
than certified BMW Service Parts. However, the
cost of such service or parts will not be covered
under this warranty, except in emergency situa-
tions. In an emergency situation, where an
authorized BMW SAV center or a warranty
replacement part is not reasonably available
(within 30 days), repairs may be performed at any
available service establishment using any equiva-
lent part. BMW NA will reimburse the owner for
such emergency repairs (including labor, parts
and diagnosis not to exceed BMW NA rates for
labor, parts, and diagnosis in said area) that are
covered under this warranty. Replaced parts and
paid invoices must be presented at an authorized
BMW SAV center as a condition of reimburse-
ment for emergency repairs not performed by an
authorized BMW SAV center.
The use of replacement parts, which are not of
equivalent quality, may impair the effectiveness
of the emission control system. If other than cer-
tified BMW Service Parts or Authorized Remanu-
factured Parts are used for maintenance, repair
or replacement of components affecting emis-
sion control, the owner should obtain assurancesthat such parts are warranted by their manufac-
turer 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 or non-EPA certified parts does not invali-
date the warranty on other components, unless
non-BMW parts or non-EPA certified 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, improper adjustment, modification, alter-
ation, tampering, disconnection, improper or
inadequate maintenance, use of leaded fuel or
fuels containing more than 10% ethanol, or other
oxygenates with more than 2.8% oxygen by
weight (i.e., more than 15% MTBE or more than
3% methanol plus an equivalent amount of
co-solvent).
The replacement of maintenance parts, such as
spark plugs, filters and similar items used in
required maintenance services, the repair or
replacement of maintenance parts beyond the
first required inspection/maintenance, or if the
part has been replaced earlier for reasons other
than it being defective.
The SAV or any part of the SAV unless a failure
causes the SAV to fail to conform to applicable
emission regulations.
Any SAV on which the odometer has been
replaced or altered and the true mileage cannot
be determined.
The SAV, if the vehicle identification number is
altered or cannot be read, or if the SAV has been
declared a total loss or sold for salvage purposes.
33

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 demon-
strates 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 X5 Owner’s Manual
and in the Service section of this Statement.
It is strongly recommended that any replacement
parts used for maintenance, repair or replace-
ment of emission control systems be genuine
BMW Service Parts or BMW Authorized
Remanufactured Parts. Without invalidating this
warranty, the owner may elect to have mainte-
nance, 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 genu-
ine 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 SAV center is not reasonably available or a
warranty replacement part is not available within
30 days, repairs may be performed at any avail-
able 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 manu-
facturer’s recommended time allowance for the
warranty repair and the geographically appropri-
ate hourly labor rate) that are covered under this
warranty. Replaced parts and paid invoices must
be presented to an authorized BMW SAV center
as a condition of reimbursement for emergency
repairs not performed by an authorized BMW
SAV center.
The use of replacement parts, which are not of
equivalent quality, may impair the effectiveness
of emission control systems. If other than genu-
ine BMW Service Parts or Authorized Remanu-
factured Parts are used for maintenance, repair
or replacement of components affecting emis-
sion control, the owner should obtain assurances
that such parts are warranted by their manufac-turer 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, dis-
connection, improper or inadequate mainte-
nance, except if performed by an authorized
BMW SAV 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 SAV on which the odometer has been
replaced or altered and the true mileage cannot
be determined.
The SAV, if the SAV identification number is
altered or cannot be determined, or if the SAV
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 CONSEQUEN-
TIAL DAMAGES, INCLUDING LOSS OF TIME,
INCONVENIENCE, OR LOSS OF USE OF THE
VEHICLE, FOR ANY BREACH OF ANY
EXPRESS OR IMPLIED WARRANTY, INCLUD-
ING THE IMPLIED WARRANTY OF MERCHANT-
ABILITY, APPLICABLE TO THIS PRODUCT.
38