Warranty / Mods

DuncanR · 20-09-2010, 07:48 AM

Quote:

Originally Posted by glendog74

The driver. Epic fail.

Cock !

Quote:

Originally Posted by AlexGTT

Cock !

Quote:

Originally Posted by Steviebee

A new engine!? What failed out of interest?

It spun a shell Stevie, Im afraid my driving ability clearly suppased the Engineering genius of the German Design team !

...

It just happened, no secondary reason like low oil, or failed oil pump, or pressure relief valve...it was just that engines ...time to let go ...and move on ...

Bounce · 20-09-2010, 08:31 AM

It spun a shell Stevie, Im afraid my driving ability clearly suppased the Engineering genius of the German Design team !...

[/quote]

DuncanR · 20-09-2010, 09:05 AM

I would opt for the BMW warranty ... tick the box BEFORE you put those mods on,

...so to speak, so that you are being honest at the time of filling the application form out , and wont therefore subject yourself to any soul searching should you eventually have to make a claim for ..say .. a new engine ? Take said car to a certain dealership well documented on this forum as having the most experience in dealing with all things CSL !

Case of Tetaka v BMW Canada Inc. is interesting full details here.
http://www.internationallawoffice.co...e-4088de833f9d

Main point here, they did appeal the case, but they still paid out under warranty.

Facts
BMW manufactured the BMW M5 car which was leased by the plaintiff. Shortly after leasing the vehicle, the plaintiff had extensive modifications carried out on the car, which were neither approved nor installed by BMW. These modifications included the installation of a stereo and DVD system, an in-dashboard television, a multi-function remote control and a variety of other items intended to enhance the performance of the vehicle. The plaintiff drove the modified vehicle for a number of months without incident. However, one day when the plaintiff was driving the car the driver's airbag and side impact head protection spontaneously deployed.
The plaintiff subsequently took the car to BMW for repair. BMW refused to replace the airbags under the warranty on the basis that the modifications to the vehicle may have contributed to the improper deployment of the airbags. The plaintiff then launched an action against BMW, claiming damages for negligence and breach of warranty.
The warranty agreement at issue was composed of a number of paragraphs, including a general coverage provision which warranted that the vehicle was free of defects in material or workmanship, and that coverage under the warranty required the vehicle to be brought to the workshop of an authorized BMW dealer upon discovery of a defect in the material or workmanship.The warranty also contained a number of exclusions. One paragraph provided that the warranty did not apply to modifications of the vehicle or the installation of any performance accessories or components which altered the original engineering or operating specifications. Another paragraph provided that BMW would accept no liability for parts or accessories that it had not approved.

Trial Decision
The trial judge dismissed the plaintiff's negligence claim and held that there had been a breach of warranty. He ordered BMW to pay for the cost of the airbag repairs.
In reaching this decision the trial judge found that the exemption clause concerning modifications in BMW's warranty agreement was "poorly drafted" and "ambiguous". In his view, the liability exemption clause was reasonably capable of having one of two interpretations. The first interpretation - the one argued by the plaintiff - was that the warranty excluded repairs on non-BMW after-market accessories that were not approved, manufactured or installed by BMW. The second interpretation - and one advocated by BMW - was that the warranty did not apply to performance accessories or components that had been installed or attached to the vehicle which resulted in damage to the original components. Applying the contra proferentem principle, the trial judge interpreted the liability exclusion clause in favour of the plaintiff, as applying only to accessories or components added to the vehicle that were not approved by BMW, such that the airbags at issue remained covered under the warranty.
The trial judge went on to find that the deployment of the airbags, in the absence of a collision, was a 'defect' within the meaning of the warranty. He noted that the warranty covered defects without any limitation as to how they were caused, even if the evidence did not permit their precise determination, unless they were otherwise excluded by a liability exclusion clause. The trial judge was therefore satisfied that the plaintiff had shown that the warranty did apply and that BMW should have repaired the airbags. The plaintiff was accordingly awarded the cost of those repairs.

In the final notes of the appeal, the Judge made this interesting point with regard to proving who was responsible for the defect.

"Rather, the burden is on the plaintiff (me & you) to prove that the defect was caused by the defendant's (BMW in this case) conduct within the terms of the warranty. " How would that be possible to do, if the only diagnostics software/hardware was available from BMW ???

Food for thought should someone want to take the mighty BMW on in the UK !

Yours
CSL Miami

**AlexGTT** · 20-09-2010, 09:44 AM

Quote:

Originally Posted by DuncanR

Cock !

Cock !

_Nathan_ · 20-09-2010, 09:52 AM

Dunc - that airbag thing is interesting as a member on here had an airbag beploy on the motorway for no reason and BMW refused to help out as the suspension was modified.

Bealo · 20-09-2010, 10:36 AM

Nothing but good things to say about the BMW warranty.

Infact i feel it is that good and issue free that it would steer me towards having another BMW in the future

**DazBlackCSL** · 20-09-2010, 03:20 PM

Quote:

Originally Posted by Bealo

Nothing but good things to say about the BMW warranty.

Infact i feel it is that good and issue free that it would steer me towards having another BMW in the future

DuncanR · 20-09-2010, 02:00 PM

Quote:

Originally Posted by _Nathan_

Dunc - that airbag thing is interesting as a member on here had an airbag beploy on the motorway for no reason and BMW refused to help out as the suspension was modified.

And that was the point being made in the court case, taking things to the extreme, IF you fitted an after market snazzy interior mirror, how the fook would that be a contributable cause to early airbag deployment ??
Maybe said member should do a little more research on the subject.

... here perhaps ? http://www.autoforumz.com/Series-E39...pict98451.html

20-09-2010, 08:31 AM	#2
Bounce CSL Register Uber-poster! Join Date: Nov 2009 Location: Cornwall Posts: 7,057 Casino cash: $35793	It spun a shell Stevie, Im afraid my driving ability clearly suppased the Engineering genius of the German Design team !...[/quote]

20-09-2010, 09:05 AM	#3
DuncanR CSL Register Uber-poster! Join Date: Sep 2009 Location: Olney, Bucks Posts: 3,735 Casino cash: $9994	I would opt for the BMW warranty ... tick the box BEFORE you put those mods on, ...so to speak, so that you are being honest at the time of filling the application form out , and wont therefore subject yourself to any soul searching should you eventually have to make a claim for ..say .. a new engine ? Take said car to a certain dealership well documented on this forum as having the most experience in dealing with all things CSL ! Case of Tetaka v BMW Canada Inc. is interesting full details here. http://www.internationallawoffice.co...e-4088de833f9d Main point here, they did appeal the case, but they still paid out under warranty. Facts BMW manufactured the BMW M5 car which was leased by the plaintiff. Shortly after leasing the vehicle, the plaintiff had extensive modifications carried out on the car, which were neither approved nor installed by BMW. These modifications included the installation of a stereo and DVD system, an in-dashboard television, a multi-function remote control and a variety of other items intended to enhance the performance of the vehicle. The plaintiff drove the modified vehicle for a number of months without incident. However, one day when the plaintiff was driving the car the driver's airbag and side impact head protection spontaneously deployed. The plaintiff subsequently took the car to BMW for repair. BMW refused to replace the airbags under the warranty on the basis that the modifications to the vehicle may have contributed to the improper deployment of the airbags. The plaintiff then launched an action against BMW, claiming damages for negligence and breach of warranty. The warranty agreement at issue was composed of a number of paragraphs, including a general coverage provision which warranted that the vehicle was free of defects in material or workmanship, and that coverage under the warranty required the vehicle to be brought to the workshop of an authorized BMW dealer upon discovery of a defect in the material or workmanship.The warranty also contained a number of exclusions. One paragraph provided that the warranty did not apply to modifications of the vehicle or the installation of any performance accessories or components which altered the original engineering or operating specifications. Another paragraph provided that BMW would accept no liability for parts or accessories that it had not approved. Trial Decision The trial judge dismissed the plaintiff's negligence claim and held that there had been a breach of warranty. He ordered BMW to pay for the cost of the airbag repairs. In reaching this decision the trial judge found that the exemption clause concerning modifications in BMW's warranty agreement was "poorly drafted" and "ambiguous". In his view, the liability exemption clause was reasonably capable of having one of two interpretations. The first interpretation - the one argued by the plaintiff - was that the warranty excluded repairs on non-BMW after-market accessories that were not approved, manufactured or installed by BMW. The second interpretation - and one advocated by BMW - was that the warranty did not apply to performance accessories or components that had been installed or attached to the vehicle which resulted in damage to the original components. Applying the contra proferentem principle, the trial judge interpreted the liability exclusion clause in favour of the plaintiff, as applying only to accessories or components added to the vehicle that were not approved by BMW, such that the airbags at issue remained covered under the warranty. The trial judge went on to find that the deployment of the airbags, in the absence of a collision, was a 'defect' within the meaning of the warranty. He noted that the warranty covered defects without any limitation as to how they were caused, even if the evidence did not permit their precise determination, unless they were otherwise excluded by a liability exclusion clause. The trial judge was therefore satisfied that the plaintiff had shown that the warranty did apply and that BMW should have repaired the airbags. The plaintiff was accordingly awarded the cost of those repairs. In the final notes of the appeal, the Judge made this interesting point with regard to proving who was responsible for the defect. "Rather, the burden is on the plaintiff (me & you) to prove that the defect was caused by the defendant's (BMW in this case) conduct within the terms of the warranty. " How would that be possible to do, if the only diagnostics software/hardware was available from BMW ??? Food for thought should someone want to take the mighty BMW on in the UK ! Yours CSL Miami __________________ " I use Gleaming Kleen.... for that new car look " I wish I had used - Race Data Systems - Motorsport Data Loggers forgive me Nathan !

20-09-2010, 09:52 AM	#5
_Nathan_ Driving it like I nicked it Join Date: Sep 2008 Posts: 2,099 Casino cash: $13060	Dunc - that airbag thing is interesting as a member on here had an airbag beploy on the motorway for no reason and BMW refused to help out as the suspension was modified. __________________ Nathan

20-09-2010, 10:36 AM	#6
Bealo Driving it like I nicked it Join Date: Aug 2008 Location: Everywhere. Posts: 2,540 Casino cash: $12738	Nothing but good things to say about the BMW warranty. Infact i feel it is that good and issue free that it would steer me towards having another BMW in the future __________________