BMW X5 Technical Information download pdf (Page 36)

In those states and jurisdictions that have es-

tablished

periodic vehicle emissions tests to en-

courage proper vehicle

maintenance and re-

quire the car to pass

an emissions test approved

by the U.S. Environmental Protection Agency

and:

1. The SAV was distributed by BMW of North

America (BMW NA), or sold through the

BMW NA European Delivery Program; and

2. The SAV has been maintained and oper-

ated in accordance with the instructions for

proper maintenance and use set forth in the

X5 Owner’s Manual supplied with the SAV;

and

3. The SAV fails to conform to the applicable

emissions standards of the EPA as judged

by an EPA approved emissions test; and

4. The failure to conform results or will result in

the owner of the SAV having to bear a pen-

alty or other sanction (including the denial of

the right to use the car) under local state or

federal law if the non-conformity is not rem-

edied within a specified period of time.

Then, in accordance with the provisions of

section 207(b) of the Clean Air Act, BMW NA

warrants that if the SAV is eligible for coverage

under this warranty, any non-conformities in the

SAV, which cause it to fail an EPA-approved

emissions test will, without charge for parts or

labor (including diagnosis), be adjusted, repaired,

or replaced, at the option of BMW NA

to proper

specifications, in order to make the SAV comply

with applicable emissions standards. The deci-

sion to adjust, repair or replace parts is solely the

prerogative of BMW NA

and must reasonably

be expected to correct the failure of the war-

ranted part.

This warranty begins on the date of first retail

sale, or the date the SAV is first placed in service

as a demonstrator or company vehicle, which-

ever is earlier. This warranty continues for a

period of 2 years or 24,000 miles, whichever

occurs first, except for specific emissions con-

trol components (as listed on page 34), for which

the warranty period is 8 years or 80,000 miles

whichever occurs first.

This warranty is made subject to the terms and

conditions that apply to the Emission Control

System Warranty and the New SAV Limited War-

ranty.

No claim under this warranty will be denied on

the basis of use of a properly installed EPA cer-

tified emission part for maintenance and repair.

A SAV manufacturer may deny an emission per-

formance warranty claim on the basis of an

uncertified replacement part used in the main-

tenance or repair of an SAV only if the SAV

manufacturer presents evidence that the

uncertified replacement part is either defective

in materials or workmanship or not equivalent

from an emission standpoint to the original equip-

ment part.

Maintenance, replacement, or repair of

emission control devices and systems may

be performed by any automotive repair es-

tablishment or individual using any certi-

fied part.

Immediately after the SAV has failed an EPA

approved emission short test, your claim can be

made at any authorized BMW SAV center. The

authorized BMW SAV center will honor or deny

your claim within the time period specified by

local or state laws (not to exceed 30 days), to

avoid further penalties or sanctions. lf the claim

is denied, the authorized BMW SAV center will

notify you in writing of the reason(s). The autho-

rized BMW SAV center is required by law to

honor the claim if notice of denial is not received

by the owner within the specified time period.

You may obtain further information concerning

the emission warranties, or report violations of

warranty terms, by contacting the Manager,

Certification and Compliance Division (6405 J),

Warranty Claims, Environmental Protection

Agency, Ariel Rios Building, 1200 Pennsylvania

Avenue, N.W., Washington, D.C. 20460.

Federal Emissions Performance Warranty

(Valid only in the U.S.A. and Puerto Rico)

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