34
In those states and jurisdictions that have es-
tablished periodic vehicle emissions tests to en-
courage proper vehicle maintenance and re-
quire 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 oper-
ated 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 pen-
alty or other sanction (including the denial of
the right to use the car) under local state or
federal law if the non-conformity is not rem-
edied within a specified period of time.
Then BMW NA warrants that if the SAV is eli-
gible 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 (including diagnosis),
be adjusted, repaired, or replaced, at the option
of BMW NA to proper specifications, in order to
make the SAV comply with applicable emis-
sions standards. The decision to adjust, repair
or replace parts is solely the prerogative of BMW
NA and must reasonably be expected to cor-
rect the failure of the warranted part.
This warranty begins on the date of first retail
sale, or the date the SAV is first placed in service
as a demonstrator or company vehicle, which-
ever is earlier. This warranty continues for a
period of 2 years or 24,000 miles, whichever
occurs first, except for specific emissions con-
trol components (as listed on page 35), for which
the warranty period is 8 years or 80,000 miles
whichever occurs first.
This warranty is made subject to the terms and
conditions that apply to the Emission Control
System Warranty and the New SAV Limited War-
ranty.
No claim under this warranty will be denied on
the basis of use of a properly installed EPA cer-
tified emission part for maintenance and repair.
A SAV manufacturer may deny an emission per-
formance warranty claim on the basis of an
uncertified replacement part used in the main-
tenance or repair of an SAV only if the SAV
manufacturer presents evidence that the
uncertified replacement part is either defective
in materials or workmanship or not equivalent
from an emission standpoint to the original equip-
ment part.
Maintenance, replacement, or repair of
emission control devices and systems may
be performed by any automotive repair es-
tablishment or individual using any certi-
fied part.
Immediately after the SAV has failed an EPA
approved emission short test, your claim can be
made at any authorized BMW SAV center. The
authorized BMW SAV center will honor or deny
your claim within the time period specified by
local or state laws (not to exceed 30 days), to
avoid further penalties or sanctions. lf the claim
is denied, the authorized BMW SAV center will
notify you in writing of the reason(s). The autho-
rized BMW SAV center is required by law to
honor the claim if notice of denial is not received
by the owner within the specified time period.
You may obtain further information concerning
the emission warranties, or report violations of
warranty terms, by contacting the Group Vehicle
Manager, Vehicle Compliance Programs Group
(6405J), Environmental Protection Agency, 401
“M” Street, S.W., Washington, D.C. 20460.
Federal Emissions Performance Warranty
(Valid only in the U.S.A. and Puerto Rico)
Summary of Contents for X5 3.0i 2001
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Page 44: ...41 NOTES ...
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