Questioning BMW warranties....

clairvoyant · 08-09-2009, 09:43 PM

I went through my BMW warranty agreements and such.
I found several clauses that raise eyebrows. Maybe some fellow forum dwellers here can enlighten me.

Applied to all warranties:
...To the extent permitted by law, BMW Canada Inc. will not be responsible for loss of use of the vehicle, loss of time, inconvenience, lodging (other than that covered by the BMW Service Card), meals, commercial loss or any other special incidental or consequential damage for any breach of any express or implied warranty applicable to the vehicle, including the implied warranties of merchantability and fitness for a particular purpose...

Does it mean that [legally] they can work on your cars [take their times] for more than a month without providing you loaners????

Otherwise they can just take their times???

Applied to the BMW Certified Series Protection Plan:
There is a $50 handling charge (per repair visit) that must be paid by the vehicle owner/lessee for any repairs covered under the terms of this Protection Plan.

Is this true????

Kind of defeating the purpose of "a warranty".

w2 · 08-10-2009, 03:40 PM

I think it's pretty standard legal boilerplate; it's probably about the same as a sign in a parking lot that says "not responsible for loss or damage." BMW Canada is, I think, simply stating that its default position is that it is not responsible for any ancillary damage or loss that you might claim to suffer as a result of their failure to honour their warranty, unless a court says they are. It doesn't mean you have no legal recourse, nor does it mean that they won't negotiate with you if you claim that, as a result of them failing to fulfill a warranty claim in a timely fashion, you suffered some sort of loss or damage. You can claim all sorts of things, but that doesn't automatically make it so, even if you put it in a contract.

For all practical purposes, a warranty (or insurance) is only as good as the company who offers it. Although you can always go to court over a warranty claim, it is often an uphill battle and, even if you win, not worth the cost. This is why it is important to do business with companies you trust, and to build a good business relationship with them. That cuts both ways, of course: the more you can make them value you as a customer (by being polite, honest, reasonable, and not completely cheap) the more likely they are to go the extra mile for you when you have a problem. Of course, when dealing with a huge corporation where warranty claims are handled by people you've never met before, this can be a problem, but if you established a good rapport with your salesperson when you bought your car, or with the service staff when you have the car serviced, you have someone who might go to bat for you when you have a problem.

I335 · 08-10-2009, 06:17 PM

^ Very well said. In addition, warranties have absolutely nothing to do with loaner vehicles and I can't imagine anyone would write into the contract that they will give you one while your car is in for repair. Loaners are something you just need to work out between you and the place repairing your car. Also, I wouldn't worry too much about the shop having the car "forever" while it's being repaired. They want to get the car back to you just as fast as they can so they can be paid for the work.

08-09-2009, 09:43 PM	#1
clairvoyant Major 79 Rep 1,032 Posts Drives: Bavarian Manure Wagon (BMW) Join Date: Oct 2007 Location: 45°19′20″N, 75°50′0″W iTrader: (5) Garage List 2007 335i [5.24]	Questioning BMW warranties.... I went through my BMW warranty agreements and such. I found several clauses that raise eyebrows. Maybe some fellow forum dwellers here can enlighten me. Applied to all warranties: ...To the extent permitted by law, BMW Canada Inc. will not be responsible for loss of use of the vehicle, loss of time, inconvenience, lodging (other than that covered by the BMW Service Card), meals, commercial loss or any other special incidental or consequential damage for any breach of any express or implied warranty applicable to the vehicle, including the implied warranties of merchantability and fitness for a particular purpose... Does it mean that [legally] they can work on your cars [take their times] for more than a month without providing you loaners???? Otherwise they can just take their times??? Applied to the BMW Certified Series Protection Plan: There is a $50 handling charge (per repair visit) that must be paid by the vehicle owner/lessee for any repairs covered under the terms of this Protection Plan. Is this true???? Kind of defeating the purpose of "a warranty".
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08-10-2009, 03:40 PM	#2
w2 Private First Class 1 Rep 143 Posts Drives: 335i coupe Join Date: Apr 2008 Location: Ottawa, Canada iTrader: (0)	I think it's pretty standard legal boilerplate; it's probably about the same as a sign in a parking lot that says "not responsible for loss or damage." BMW Canada is, I think, simply stating that its default position is that it is not responsible for any ancillary damage or loss that you might claim to suffer as a result of their failure to honour their warranty, unless a court says they are. It doesn't mean you have no legal recourse, nor does it mean that they won't negotiate with you if you claim that, as a result of them failing to fulfill a warranty claim in a timely fashion, you suffered some sort of loss or damage. You can claim all sorts of things, but that doesn't automatically make it so, even if you put it in a contract. For all practical purposes, a warranty (or insurance) is only as good as the company who offers it. Although you can always go to court over a warranty claim, it is often an uphill battle and, even if you win, not worth the cost. This is why it is important to do business with companies you trust, and to build a good business relationship with them. That cuts both ways, of course: the more you can make them value you as a customer (by being polite, honest, reasonable, and not completely cheap) the more likely they are to go the extra mile for you when you have a problem. Of course, when dealing with a huge corporation where warranty claims are handled by people you've never met before, this can be a problem, but if you established a good rapport with your salesperson when you bought your car, or with the service staff when you have the car serviced, you have someone who might go to bat for you when you have a problem.
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08-10-2009, 06:17 PM	#3
I335 Brigadier General 123 Rep 4,249 Posts Drives: '08 335i Coupe Join Date: Jan 2008 Location: New England iTrader: (11)	^ Very well said. In addition, warranties have absolutely nothing to do with loaner vehicles and I can't imagine anyone would write into the contract that they will give you one while your car is in for repair. Loaners are something you just need to work out between you and the place repairing your car. Also, I wouldn't worry too much about the shop having the car "forever" while it's being repaired. They want to get the car back to you just as fast as they can so they can be paid for the work.
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