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 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 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
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 NA 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 NA may be required to
replace or repurchase the vehicle. California
Civil Code Section 1793.22(b) creates a
presumption that BMW NA has had a
reasonable 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
conform to the written warranty that
substantially 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 vehicle
to the buyer.
NOTICE TO BMW NA 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, NJ 07675-1227
1 800 831-1117
8. The following remedies may be sought in
BBB AUTO LINE: repairs, reimbursement for
money paid to repair a vehicle or other
expenses incurred as a result of a vehicle
nonconformity, repurchase or replacement of
your vehicle and compensation for damages
and remedies available under BMW NA’s
written warranty or applicable law.
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