BMW X5 4.8i SAV 2007 - Manual (Page 38)

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 SAV, FOR ANY BREACH
OF ANY EXPRESS OR IMPLIED WARRANTY,
INCLUDING THE IMPLIED WARRANTY OF
MERCHANTABILITY, APPLICABLE TO THIS
PRODUCT.
Some states do not allow limitations on how long
an implied warranty lasts, or the exclusion or lim-
itation of incidental or consequential damages,
so the above limitations and exclusions may not
apply to you. Additionally, if you are a California,
Maine, Massachusetts or Vermont resident and
your vehicle is registered in that state, your vehi-
cle is eligible for California Emissions Warranty
coverage.
Federal Emissions Performance
Warranty (Valid only in the U.S.A.
and Puerto Rico)
In those states and jurisdictions that have estab-
lished periodic vehicle emissions tests to encour-
age proper vehicle maintenance and require the
car to pass an emissions test approved by the
U.S. Environmental Protection Agency and:
1. The SAV was distributed by BMW of North
America (BMW NA), or sold through the
BMW NA European Delivery Program; and
2. The SAV has been maintained and operated
in accordance with the instructions for proper
maintenance and use set forth in the X5
Owner’s Manual supplied with the SAV; and
3. The SAV fails to conform to the applicable
emissions standards of the EPA as judged by
an EPA approved emissions test; and
4. The failure to conform results or will result in
the owner of the SAV having to bear a penalty
or other sanction (including the denial of the
right to use the car) under local state or fed-
eral law if the non-conformity is not remedied
within a specified period of time.
Then, in accordance with the provisions of sec-
tion 207(b) of the Clean Air Act, BMW NA war-
rants that if the SAV is eligible for coverage under
this warranty, any non-conformities in the SAV,
which cause it to fail an EPA-approved emissions
test will, without charge for parts or labor (includ-
ing diagnosis), be adjusted, repaired, or replaced,
at the option of BMW NA to proper specifica-
tions, in order to make the SAV comply with
applicable emissions standards. The decision to
adjust, repair or replace parts is solely the pre-
rogative of BMW NA and must reasonably be
expected to correct the failure of the warranted
part.
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