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.
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