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12-07-2012, 09:22 PM | #45 | |
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12-12-2012, 01:53 PM | #46 | |
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So far the service manager has been very helpful except they require NA's permission, and it's NA that's being difficult.
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12-12-2012, 01:57 PM | #47 |
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I would get the contact information of the person at NA and give them a call with that information.
Since the dealership is really just a go between, you can't really threaten legal action to the service manager when NA is on the hook. Heck, BMW NA is just 25 minutes from Fort Lee, I'd take a trip down there to meet with them personally. |
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12-14-2012, 11:08 AM | #48 |
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Would CPO warranty have the same legal requirements as any new car warranty even thought it's a limited warranty?
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12-14-2012, 12:55 PM | #49 | |
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Yes, the CPO covers only limited, non-wear items, such as engine, transmission, etc. It wouldn't cover wear items like brakes, springs, etc. Obviously, your problem with the engine isn't a "wear and tear" item. Also, it's not something that happens to a lot of Z4M's. It doesn't matter if it is a factory warranty on a new car or a CPO warranty. Remember, that a warranty is something that is agreed upon by the buyer and seller. The problem here is getting the manufacturer/seller to abide by their warranty. There's other legal scenarios at play here, such as warranty of mechantability, implied warranties, etc., but those are really, really long shots and probably wouldn't apply. I don't know much about New Jersey consumer laws. Basically, you drove the car. The engine broke. You have a CPO warranty that covers the engine/engine problems. You tried to have it fixed at your own expense at another shop. They did not fix OR CAUSE the problem. You now want BMW to fix the problem, which you can prove occurred while under the CPO warranty and was not a result of having a 3rd party work on it. I'm very curious how this turns out. You MAY want to even consult an attorney at this point. However, if it turns out in your favor, you'll also be getting a bill from me!!! |
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12-14-2012, 01:43 PM | #50 |
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I opted to write a more formal email this time to NA and it got forwarded to the same woman I talked to on the phone, Kara in Customer Relations Department.
In summary it was about the engine started knocking, I brought it to outside shop to replace bearings but did not cause nor fix the problem, then contacted BMW dealer. I also mentioned the FTC laws and Magnuson-Moss Warranty Act. She called back and left a voicemail and said she still can't provide warranty.
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12-14-2012, 02:09 PM | #51 | |
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12-14-2012, 03:22 PM | #52 | |
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I'll bet that BMW figures that, across a large number of cases, a good percentage will give up and not pursue. So they figure it's cost effective to take the "denied" approach, and will put as many burning hoops in the way as possible. Up to now, they've incurred no legal costs; it's pretty cheap to just have the representative say "no" as many times as she (or he) needs to, and hope the customer will just go away. In this case, they've got this little "you used an indie shop" angle to try to try and run the customer off. (Not that it matters from a legal perspective, as GammaZeta noted, but it's a card they've been dealt, so they're playing it.) I am willing to lay odds that this will be a bit of a fight and require persistence. It's like this with most mfgrs--it's all about bean counting. You have to be a bigger PITA and liability to them than the potential costs they'd incur. Then they'll honor what's on the paper they gave you. Since the out-of-pocket expenses on this could be high, it's probably worth some money to get legal help to pursue. But knsaber will need to do his own math to make that determination. |
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12-15-2012, 09:14 PM | #53 |
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in case you start looking for alternatives
http://www.ebay.com/itm/BMW-M3-3-2L-...a7ecc2&vxp=mtr or this (local) http://forum.e46fanatics.com/showpos...9&postcount=10
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12-16-2012, 05:39 AM | #54 |
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Tony, are you a cca member? If so, perrhaps reaching out to the dealer ombudsmen wouldn't hurt from the Nj chapter? This sounds like its gotten way beyond where it should have. Agree with everything folks have said here, they should be honoring the warranty without question. Accepting anything less is not right, especially because your actions haven't voided the warranty.
Disgusting that bmw is making this so difficult. There is another dealership in the area that you might try going thru as well... and I know the Nj cca member who handles relations with them there. Happy to send an Email if you'd like?
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01-05-2013, 09:57 PM | #55 |
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any update?
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09-09-2013, 01:31 PM | #57 |
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So, long story short... as I literally was at the front entrance of a lawyer's office I get a phone call from a friend at BMW who was willing to take my car in to take a look at what he can do, I decided not to go through a lawyer anymore. I honestly didn't believe I could do much to win anyways. This was around February.
My friend's first step was to replace my aftermarket bearings I had just installed with OEM ones so that he could try to claim warranty through BMW, but then told me they were able to read the "black box" from the car that registered telemetry that indicated racing? Whatever, I'm not going to argue. So no luck with warranty, so I went ahead and had him do whatever work needed to be done to get the noise fixed. Unfortunately we never pin pointed the actual cause of the knock, and I have brand new rod bearings and oil pump. I wasted money on getting aftermarket bearings only to replace it immediately back to OEM. I was able to finally get my car back the day before Labor Day weekend and had the pleasure of putting over 900+ miles down at Skyline Drive and it drives like new. I am happy I spent less than what I expected the damage to be, and my friend gave me massive discount so I am just looking towards the future of enjoying the car once again.
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09-09-2013, 03:24 PM | #60 | |
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I'm trying to figure this one out too.
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09-09-2013, 04:24 PM | #61 |
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+1
but welcome back - im sure you're pretty happy to have it running again!
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09-14-2013, 09:48 PM | #63 | |
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$2,500 for complete fix at BMW Better than getting a junk engine, since mine was only at 30,000 miles. BMW quoted a new engine from Germany is MSRP $16,000.
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09-17-2013, 03:03 PM | #64 |
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I was going through the whole story from the first post and was convinced this was not going to end well. I'm glad to hear there's a happy ending!!!
Enjoy!!!
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09-18-2013, 08:42 AM | #65 |
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Who did your first round of bearing replacement?
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09-18-2013, 10:24 AM | #66 |
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