BMW 328i Convertible Technical Information Seite 33

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mileage, the approximate date and mileage
at the time any p roblem(s) were first brought
to the attention of BMW or one of our deal-
ers, 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 programs jurisdiction may be pre-
sented to an arbitrator at an informal hear-
ing. The arbitrators 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 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 reme-
dies conferred by California Civil Code Sec-
tion 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 Magnu-
son-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 or its representative is
unable to repair a new motor vehicle to con-
form to the vehicles applicable express war-
ranty after a reasonable number of attempts,
BMW may be required to replace or repur-
chase the vehicle. California Civil Code Sec-
tion 1793.22(b) creates a presumption that
BMW has had a reasonable number of
attempts to conform the vehicle to its appli-
cable express warranties if, within 18
months from delivery to the buyer or 18,000
miles on the vehicles odometer, whichever
occurs first, one or more of the following
occurs:
The same nonconformity [a failure to con-
form to the written warranty that substan-
tially 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 nonconfor-
mity has been subject to repair two or more
times by BMW or its agents AND the buyer
or lessee has directly notified BMW of the
need for the repair of the nonconformity;
OR
The same nonconformity has been subject
to repair 4 or more times by BMW or its
agents AND the buyer has notified BMW of
the need for the repair of the nonconfor-
mity; OR
The vehicle is out of service by reason of
repair of nonconformities by BMW or its
agents for a cumulative total of more than
30 calendar days after delivery of the vehi-
cle to the buyer.
NOTICE TO BMW 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, New Jersey 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 dam-
ages and remedies available under BMWs
written warranty or applicable law.
27
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