BMW Z4 Roadster 3.0i 2005 - Manual (Page 27)

your claim in writing and ask for a decision
on the documents you submit, without
attending a hearing. BBB AUTO LINE will
usually render a decision within 40 days
from the time you file your complaint. The
decision is binding on BMW if you decide to
accept it. BMW must comply with the
decision within the time frame specified by
the arbitrator.
Important: You must use BBB AUTO LINE
before asserting in court any rights or
remedies created by the Magnuson Moss
Warranty Act, (“The Act”) 15 U.S.C. Sec.
2301, et seq. You may also be required to
use BBB AUTO LINE before seeking
remedies under your state’s “Lemon Law”. If
you choose to seek redress by pursuing
rights and remedies not created by Title 1 of
Magnuson Moss Warranty Act, prior resort to
the BBB AUTO LINE is not required by any
provision of the Act.
California Residents
1. BMW OF NORTH AMERICA, LLC (“BMW”)
participates in
BBB AUTO LINE, a mediation/
arbitration program administered by the
Council of Better Business Bureaus [4200
Wilson Boulevard, Arlington, Virginia 22203]
through local Better Business Bureaus. The
Arbitration Certification Program of the
California Department of Consumer Affairs
has certified
BBB AUTO LINE and BMW.
2. If you have a problem arising under a
BMW written warranty, we encourage you to
bring it to our attention. If we are unable to
resolve it, you may file a claim with
BBB
AUTO LINE. Claims must be filed with BBB
AUTO LINE within six (6) months after the
expiration of the warranty.
3. To file a claim with BBB AUTO LINE, call
1-800-955-5100. There is no charge for the
call.
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
problem or complaint. You will also be asked
to provide: the approximate date of your
acquisition 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 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 presented
to an arbitrator at an informal hearing. 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 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
remedies conferred by California Civil Code
Section 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 seeking
remedies created by Title I of the Magnuson-
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 or its representative is
unable to repair a new motor vehicle to
conform to the vehicle’s applicable express
warranty after a reasonable number of
attempts, BMW may be required to replace or
repurchase the vehicle. California Civil Code
Section 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:
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