BMW X5 4.8i SAV 2007 - Manual (Page 29)

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 par-
ticipate in mediation, claims within the pro-
gram’s jurisdiction may be presented to an
arbitrator at an informal hearing. The arbitra-
tor’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 about your prob-
lem, or a delay of up to 30 days if the arbitra-
tor requests an inspection/report by an
impartial technical expert or further investiga-
tion and report by
BBB AUTO LINE.
6. You are required to use BBB AUTO LINE
before asserting in court any rights or reme-
dies conferred by California Civil Code Section
1793.22. You are not required to use BBB
AUTO LINE before pursuing rights and reme-
dies under any other state or federal law. “You
are also required to use
BBB AUTO LINE
before exercising rights or seeking remedies
created by Title I of the Magnuson-Moss War-
ranty 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
BBB AUTO LINE
is not required by those statutes.”
7. California Civil Code Section 1793.2(d)
requires that, if BMW or its representative is
unable to repair a new motor vehicle to con-
form to the vehicle’s applicable express war-
ranty after a reasonable number of attempts,
BMW may be required to replace or repur-
chase the vehicle. California Civil Code Sec-
tion 1793.22(b) creates a presumption that
BMW has had a reasonable number of
attempts to conform the vehicle to its appli-
cable 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 or its agents AND the buyer or lessee
has directly notified BMW of the need for
the repair of the nonconformity; OR
• The same nonconformity has been subject
to repair 4 or more times by BMW or its
agents AND the buyer has notified BMW of
the need for the repair of the nonconformity;
OR
• The vehicle is out of service by reason of
repair of nonconformities by BMW or its
agents for a cumulative total of more than 30
calendar days after delivery of the vehicle 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’s written
warranty or applicable law.
9. The following remedies may not be sought in
BBB AUTO LINE: punitive or multiple dam-
ages, attorneys’ fees, or consequential dam-
ages other than as provided in California Civil
Code Section 1794(a) and (b).
10. You may reject the decision issued by a BBB
AUTO LINE arbitrator. If you reject the deci-
sion, you will be free to pursue further legal
action. The arbitrator’s decision and any
findings will be admissible in a court action.
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