In those states and jurisdictions that have
established
periodic vehicle emissions tests to
encourage 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 instruc-
tions 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 federal law if the non-
conformity is not remedied within a
specified period of time.
Then, in accordance with the provisions of
section 207(b) of the Clean Air Act, BMW NA
warrants that if the SAV is eligible for coverage
under this warranty, any non-conformities in
the SAV, which cause it to fail an EPA-ap-
proved 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
correct 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,
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 33), 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
Warranty.
No claim under this warranty will be denied on
the basis of use of a properly installed EPA
certified emission part for maintenance and
repair.
A SAV manufacturer may deny an emission
performance warranty claim on the basis of an
uncertified replacement part used in the
maintenance 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
equipment part.
Maintenance, replacement, or repair of
emission control devices and systems may
be performed by any automotive repair
establishment or individual using any
certified 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 sanc-
tions. lf the claim is denied, the authorized
BMW SAV center will notify you in writing of the
reason(s). The authorized 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 Director,
Field Operations and Support Division
Federal Emissions
Performance Warranty
(Valid only in the U.S.A. and
Puerto Rico)
34
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