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      04-23-2014, 10:13 AM   #53
SharkPhi
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Drives: '14 X5
Join Date: Jun 2008
Location: Midwest

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Luckily, in the US we are *somewhat* protected by the Magnuson-Moss Act, where the dealer or BMWNA has to show, definitively, that the problem associated with the vehicle was caused by damage while in the possession of the consumer, or by unreasonable use, including a failure to provide reasonable and necessary maintenance. In other words, if push comes to shove on something like the shifter trim-piece, they better have an engineer ready to show how that caused a problem with the electronics or mechanics of the transmission to void the warranty.

The act was INSTRUMENTAL with a lot of the E9X guys and piggyback tunes (and likely the E7X people too...) and BMW's HPFP issue. Many a warranty was invalidated and then reinstated because BMW couldn't show a causal connection between the tunes and the HPFP failure, especially since many non-tuned vehicles had the problem as well.
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