lem or complaint. You will also be asked to
provide: the approximate date of your acqui-
sition of the vehicle, the vehicle’s current
mileage, the approximate date and mileage
at the time any problem(s) were first brought
to the attention of BMW NA or one of our
dealers, and a statement of the relief you are
seeking.
5. BBB AUTO LINE staff may try to help
resolve your dispute through mediation. If
mediation is not successful, or if you do not
wish to participate in mediation, claims
within the program’s jurisdiction may be pre-
sented to an arbitrator at an informal hear-
ing. The arbitrator’s decision should
ordinarily be issued within 40 days from the
time your complaint is filed; there may be a
delay of 7 days if you did not first contact
BMW NA about your problem, or a delay of
up to 30 days if the arbitrator requests an
inspection/report by an impartial technical
expert or further investigation and report by
BBB AUTO LINE.
6. You are required to use BBBAUTO LINE
before asserting in court any rights or reme-
dies conferred by California Civil Code Sec-
tion 1793.22. You are not required to use
BBB AUTO LINE before pursuing rights and
remedies under any other state or federal
law. “You are also required to use BBB
AUTO LINE before exercising rights or seek-
ing remedies created by Title I of the Mag-
nuson-Moss Warranty Act, 15 U.S.C. sec.
2301 et seq. If you choose to seek redress
by pursuing rights and remedies not created
by California Civil Code Section 1793.22 or
Title I of the Magnuson-Moss Warranty Act,
resort to BBBAUTO LINE is not required by
those statutes.”
7. California Civil Code Section 1793.2(d) requires that, if BMW NA or its representa-
tive is unable to repair a new motor vehicle
to conform to the vehicle’s applicable
express warranty after a reasonable number
of attempts, BMW NA may be required to
replace or repurchase the vehicle. California Civil Code Section 1793.22(b) creates a pre-
sumption that BMW NA has had a reason-
able number of attempts to conform the
vehicle to its applicable express warranties
if, within 18 months from delivery to the
buyer or 18,000 miles on the vehicle’s
odometer, whichever occurs first,
one or
more of the following occurs:
• The same nonconformity [a failure to con-
form to the written warranty that substan-
tially impairs the use, value or safety of the
vehicle] results in a condition that is likely
to cause death or serious bodily injury if the
vehicle is driven AND the nonconformity
has been subject to repair two or more
times by BMW NA or its agents AND the
buyer or lessee has directly notified
BMW NA of the need for the repair of the
nonconformity; OR
• The same nonconformity has been subject
to repair 4 or more times by BMW NA or its
agents AND the buyer has notified
BMW NA of the need for the repair of the
nonconformity; OR
• The vehicle is out of service by reason of
repair of nonconformities by BMW NA or its
agents for a cumulative total of more than
30 calendar days after delivery of the vehi-
cle to the buyer.
NOTICE TO BMW AS REQUIRED ABOVE
SHALL BE SENT TO THE FOLLOWING
ADDRESS:
BMW of North America, LLC
Customer Relations and Services Department P.O. Box 1227
Westwood, New Jersey 07675-1227 1 800 831-1117
8.The following remedies may be sought in
BBB AUTO LINE: repairs, reimbursement for
money paid to repair a vehicle or other
expenses incurred as a result of a vehicle
nonconformity, repurchase or replacement of
your vehicle and compensation for damages
and remedies available under BMW NA’s
written warranty or applicable law.
23
New Vehicle Limited Warranty –
2008 Models (Valid only in the
U.S.A. and Puerto Rico)
Warrantor
BMW of North America, LLC (BMW NA) war-
rants 2008 U.S. specification vehicles distrib-
uted by BMW NA or sold through the BMW NA
European Delivery Program against defects in
materials or workmanship to the first retail pur-
chaser, and each subsequent purchaser.
Warranty Period
The warranty period is 48 months or
50,000 miles, whichever occurs first.
Warranty Begins
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 Coverage
To obtain service under this warranty, the vehi-
cle must be brought, upon discovery of a defect
in material or workmanship, to the workshop of
any authorized BMW center in the United States
or Puerto Rico, during normal business hours.
The BMW center will, without charge for parts
or labor, either repair or replace the defective
part(s) using new or authorized remanufactured
parts. The decision to repair or replace said
part(s) is solely the prerogative of BMW NA.
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
vehicle is received by the BMW center.
Safety Belt Warranty - Kansas
Safety belts are covered under the BMW New
Vehicle Limited Warranty for defects in material
or workmanship for a period of 10 years, unlim-
ited mileage from the date of purchase. In order
to be eligible for this coverage, the vehicle must
be a new car retailed in the State of Kansas and
the repair performed by an authorized BMW
center in Kansas.
Other Items
Wheel alignment, balancing and wiper blade
inserts are covered up to 2,000 miles.
Items which are subject to wear and tear or
deterioration due to driving habits or condi-
tions, such as brake pads/linings, brake
discs, clutch disc, pressure plate, filters,
upholstery, trim and chrome items, paint fin-
ish, drive belts, glass, and similar items, are
specifically limited to defects in material or
workmanship.
This warranty does not apply to the
following:
Damage which results from negligence,
improper operation of the vehicle, improper
repair, lack of or improper maintenance, environ-
mental influences, flood, accident or fire dam-
age, road salt corrosion, or use of improper or
contaminated fuel.
Maintenance services and parts when replaced
during maintenance such as spark plugs, lubri-
cants, fluids, engine tuneup parts, replacement
of filters, coolant, and refrigerant.
Failure to maintain the vehicle properly in accor-
dance with the instructions in the Owner’s Man-
ual or the Service section of this Statement, that
results in the failure of any part of the vehicle.
29
Modification of the vehicle or installation of any
performance accessories or components
attached to the vehicle which alters the original
engineering and/or operating specifications or
which result in damage to the other original
components, electrical interference, electrical
short, radio static, water leaks and wind noise.
Tires are warranted by their respective manufac-
turer as detailed in the applicable tire manufac-
turer’s warranty statements. Instructions for
proper tire care and maintenance are contained
in the Owner’s Manual. Should you experience
difficulty in obtaining warranty service from a tire
manufacturer, your authorized BMW center will
assist you in resolving the difficulty.
Non-genuine BMW Parts – While you may elect
to use non-genuine BMW parts for maintenance
or repair services, BMW NA is not obligated to
pay for repairs that include non-genuine BMW
parts or for any damage resulting from the use
of non-genuine parts.
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
vehicle identification number has been
altered or cannot be read, if the odometer
has been replaced or altered and the true
mileage cannot be determined, if the vehicle
has been declared a total loss or sold for sal-
vage purposes, or if the vehicle has been
used in any competitive event.General
These warranties give 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 NA HEREBY EXCLUDES INCI-
DENTAL 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 WAR-
RANTY OF MERCHANTABILITY, 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.
30
Limited Warranty - Rust
Perforation 2008 Models
BMW of North America, LLC (BMW NA) war-
rants this original vehicle against defects in
materials or workmanship which will result in
rust perforation of the vehicle body for a period
of 12 years unlimited mileage, commencing on
the date of first retail sale, or the date the vehi-
cle is first placed in service as a demonstrator or
company vehicle, whichever is earlier.
To obtain service under this warranty, the vehi-
cle must be brought, upon discovery of any rust
perforation, to the workshop of any authorized
BMW center. This BMW center will, without
charge for parts or labor, either repair or replace
the defective part(s). The decision to repair or
replace said part(s) is solely the prerogative of
BMW NA. Parts for which replacements are
made become the property of BMW NA.
REQUIRED MAINTENANCE:
In order to keep this warranty in effect, the vehi-
cle must be inspected at every BMW Inspection
II (at least every two years). Any areas requiring
preventative maintenance must be repaired.
The Inspection/Maintenance consists of:
a. Washing the chassis before inspection, if necessary, due to dirt accumulation.
b. Repairing any damages to undercoating or paint due to stone chips, gravel erosion,
scratches, or other external influences.
BMW of North America, LLC (BMW NA) makes
no other express warranty on this product
except the new car warranty or the warranty as
to the emission control system. THE DURATION
OF ANY IMPLIED WARRANTIES, INCLUDING
THE IMPLIED WARRANTY OF MERCHANT-
ABILITY, IS LIMITED TO THE DURATION OF
THE EXPRESS WARRANTIES HEREIN. 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 VEHICLE, 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
vehicle identification number has been
altered or cannot be read, if the odometer
has been replaced or altered and the true
mileage cannot be determined, if the vehicle
has been declared a total loss or sold for sal-
vage purposes, or if the vehicle has been
used in any competitive event.
31
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 car or any part of the car unless a failure
causes the car to fail to conform to applicable
emission regulations.
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 read, or if the car has been
declared a total loss or sold for salvage
purposes.
General
These warranties give 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 NA HEREBY EXCLUDES INCIDENTAL
AND CONSEQUENTIAL DAMAGES, INCLUD-
ING LOSS OF TIME, INCONVENIENCE, OR
LOSS OF USE OF THE VEHICLE, FOR ANY
BREACH OF ANY EXPRESS OR IMPLIED
WARRANTY, INCLUDING THE IMPLIED WAR-
RANTY OF MERCHANTABILITY, 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. Additionally, if you are a
California, Connecticut, Maine, Massachusetts,
Rhode Island or Vermont resident and your vehi-
cle is registered in that state, your vehicle is eli-
gible for California Emissions Warranty
coverage.
These federal warranty provisions also apply to
all vehicles sold in all U.S. states and territories
regardless of whether a state has enacted state
warranty provisions that differ from the federal
provisions.
33
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 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 a BMW center as a condition of
reimbursement for emergency repairs not per-
formed by a BMW 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 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 sal-
vage purposes.
38