BMW Z4 M Roadster 2008 - Manual (Page 27)

4. In order to file a claim with BBB AUTO
LINE, you will have to provide your name
and address, the brand name and vehicle
identification number (VIN) of your vehicle,
and a statement of the nature of your prob-
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 BBB AUTO 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
BBB AUTO 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
23