BMW OF NORTH AMERICA, LLC (BMW NA)
HEREBY EXCLUDES INCIDENTAL AND CON-
SEQUENTIAL DAMAGES, INCLUDING LOSS
OF TIME, INCONVENIENCE, OR LOSS OF USE
OF THE SAV, FOR ANY BREACH OF ANY
EXPRESS OR IMPLIED WARRANTY, INCLUD-
ING THE IMPLIED WARRANTY OF MER-
CHANTABILITY, APPLICABLE TO THIS
PRODUCT.
Some states do not allow limitations on how
long an implied warranty lasts, or the exclusion
or limitation of incidental or consequential dam-
ages, 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 NA 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,
LLC (BMW NA) or sold through the BMW NA
European 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
conform, at the time of sale, with all regulations
of the U.S. Environmental Protection Agency
applicable at the time of manufacture and (b) is
free from defects in materials and workmanship
which would cause it to fail to conform with
applicable regulations for a period of 2 years or
24,000 miles, whichever occurs first, except for
specific emission control components (as listed
on page 34), for which the warranty period is
8 years or 80,000 miles, whichever occurs first.
Coverage begins on the date of first retail sale
or the date the vehicle is first placed into service
as a sales demonstrator, service loaner (SLP) 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
business 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.
31
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
equivalent 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 pre-
sented at 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 the emission control system. If other than cer-
tified 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 warranted
by their manufacturer to be equivalent to genu-
ine BMW parts in performance and durability.
BMW NA assumes no liability under this war-
ranty with respect to parts other than genuine
BMW parts. However, the use of non-genuine BMW replace-
ment parts or non-EPA certified parts does not
invalidate the warranty on other components,
unless non-genuine BMW parts or non-EPA cer-
tified 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,
alteration, 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.
32
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 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 assur-
ances 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-genuine BMW replace-
ment parts does not invalidate the warranty on
other components, unless non-genuine 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 DURA-
TION OF THE EXPRESS WARRANTIES HEREIN.
BMW OF NORTH AMERICA, LLC (BMW NA)
HEREBY EXCLUDES INCIDENTAL AND CONSE-
QUENTIAL 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 MERCHANTABIL-
ITY, APPLICABLE TO THIS PRODUCT.
For assistance in determining which parts are
covered by this warranty, please contact your
authorized BMW SAV center or the BMW NA
Customer Relations Department at
1 800 831-1117 or through our website at
www.bmwusa.com. You may obtain further infor-
mation concerning the emissions warranty or
report violations of warranty terms, by contact-
ing Air Resources Board (ARB), Mobile Source
Division, 9528 Telstar Avenue, El Monte, CA
91731. Please include the title of the BMW ser-
vice department head and telephone number.
37