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 MINI 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 right 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 1793.3(d)
requires that, if MINI 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 1793.22(b) creates a presumption
that MINI 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 MINI or its agents
AND the buyer or lessee has directly
notified MINI of the need for the repair of the
nonconformity; OR
•
The same nonconformity has been subject
to repair 4 or more times by MINI or its
agents AND the buyer has notified MINI of
the need for the repair of the nonconformity;
OR
•
The vehicle is out of service by reason of
repair of nonconformities by MINI or its
agents for a cumulative total of more than
30 calendar days after delivery of the vehicle
to the buyer.
NOTICE TO MINI AS REQUIRED ABOVE
SHALL BE SENT TO THE FOLLOWING
ADDRESS:
MINI USA, a Division of BMW of North
America, LLC
Customer Relations and Services Department
P.O. Box 1227
Westwood, NJ 07675-1227
1 866 ASK-MINI (275-6464)
8. The following remedies may be sought in
BBB
AUTO LINE: repairs, reimbursement for
money paid to repair 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 MINI’s written
warranty or applicable law.
9. The following remedies may
not
be sought in
BBB
AUTO LINE: punitive or multiple
damages, attorneys’ fees, or consequential
damages other than as provided in California
Civil Code Section 1794(a) and (b).
15
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