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 car was distributed by BMW of North
America (BMW NA), or sold through the
BMW NA European Delivery Program; and
2. The car has been maintained and operated in
accordance with the instructions for proper
maintenance and use set forth in the Owner’s
Manual supplied with the car; and
3. The car 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 car 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 car is eligible for coverage under
this warranty, any non-conformities in the car,
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 car comply with appli-
cable 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.
This warranty begins on the date of first retail
sale, or the date the vehicle is first placed in ser-
vice as a demonstrator or company vehicle,
whichever is earlier. This warranty continues for a
period of 2 years or 24,000 miles, whichever
occurs first, except for specific emissions control
components (as listed on page 34), for which the
warranty period is 8 years or 80,000 miles which-
ever occurs first.
This warranty is made subject to the terms and
conditions that apply to the Emission Control
System Warranty and the New Vehicle Limited
Warranty.
No claim under this warranty will be denied on
the basis of use of a properly installed EPA certi-
fied emission part for maintenance and repair.
A vehicle manufacturer may deny an emission
performance warranty claim on the basis of an
uncertified replacement part used in the mainte-
nance or repair of a vehicle only if the vehicle
manufacturer presents evidence that the uncerti-
fied replacement part is either defective in mate-
rials or workmanship or not equivalent from an
emission standpoint to the original equipment
part.
Maintenance, replacement, or repair of emis-
sion control devices and systems may be per-
formed
by
any
automotive
repair
establishment or individual using any certi-
fied part.
Immediately after the car has failed an EPA
approved emission short test, your claim can be
made at any authorized BMW center. The BMW
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 BMW center
will notify you in writing of the reason(s). The
BMW 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 Director, Field
Operations and Support Division (6406J), Envi-
ronmental Protection Agency, 401 “M” Street,
SW, Washington, D.C. 20460.
The following systems are covered by the Fed-
eral Emission Performance Warranty for a period
of two years or 24,000 miles, whichever occurs
first. The specific systems may vary according to
model, therefore, all of the systems listed may
not be used on your vehicle. For assistance in
determining which systems and specific compo-
33
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