General
These warranties give you specific legal rights,
and you may also have other rights which vary
from state to state.
THE DURATION OF ANY IMPLIED
WARRANTIES, INCLUDING THE IMPLIED
WARRANTY OF MERCHANTABILITY, IS
LIMITED TO THE DURATION OF THE
EXPRESS WARRANTIES HEREIN.
BMW NA HEREBY EXCLUDES INCIDENTAL
AND CONSEQUENTIAL DAMAGES,
INCLUDING LOSS OF TIME, INCONVENIENCE,
OR LOSS OF USE OF THE SAV, FOR ANY
BREACH OF ANY EXPRESS OR IMPLIED
WARRANTY, INCLUDING THE IMPLIED
WARRANTY OF MERCHANTABILITY,
APPLICABLE TO THIS PRODUCT.
Some states do not allow limitations on how long
an implied warranty lasts, or the exclusion or
limitation of incidental or consequential
damages, so the above limitations and
exclusions may not apply to you. Additionally, if
you are a California, Connecticut, Maine,
Massachusetts, New Jersey, Oregon,
Pennsylvania, Rhode Island, Vermont or
Washington resident and your vehicle is
registered in that state, your vehicle is eligible for
California Emissions Warranty coverage.
These federal warranty provisions also apply to
all vehicles sold in all U.S. states and territories
regardless of whether a state has enacted state
warranty provisions that differ from the federal
provisions.
Federal Emissions Performance
Warranty (Valid only in the U.S.A.
and Puerto Rico)
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, LLC (BMW NA), or sold through the
BMW NA European Delivery Program; and
2. The SAV has been maintained and operated
in accordance with the instructions for proper
maintenance and use set forth in the X5 and
X6 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-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 emissions 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.
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