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 NA)
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 NA.
2. If you have a problem arising under a
BMW NA 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 NA or one of
our dealers, and a statement of the relief you
are seeking. There is no charge to the
customer in bringing this claim.
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
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