Preview
wes CASE NUMBER: 502020CA010915XXXXMB Div: AH ****
Filing # 114611047 E-Filed 10/07/2020 04:32:17 PM
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY FLORIDA
FRANCIS ALOYISIUS MCMAHON
Plaintiff
v. Case No:
BMW OF NORTH AMERICA, LLC
Defendant
COMPLAINT AND JURY DEMAND FOR
FRANCIS ALOYISIUS MCMAHON
The Plaintiff FRANCIS ALOYISIUS MCMAHON ‘Plaintiff’ by and through the
undersigned counsel, files this Second Amended Complaint and sues Defendant BMW of North
America, LLC (hereinafter Manufacturer) and submits the following:
STATEMENT OF JURISDICTION AND VENUE
1. The amount in controversy does exceed FIFTEEN THOUSAND DOLLARS ($15,000.00)
2. Plaintiff Francis Aloyisius McMahon is an individual and a resident of Palm Beach County,
Florida and otherwise sui juris residing at 333 NE Wavecrest Way, Boca Raton, Florida
33432.
3. Defendant BMW of North America, LLC also referred to as “Manufacturer” is a foreign
limited liability company authorized to conduct business in the State of Florida and at all
times material hereto was engaged in the regular practice of warranting and servicing
automobiles in Palm Beach County, Florida.
CHEN. DAIRARCACUAAIINTY Cl CUADAND ANY FLEDY ANINTINNAN NA.29.47 DAA
HILLY. PAL DLA VUUINE TT, EL, OHI. DUUN, ULE, bururizucy Utiue. if iveBMW of North America, LLC may be served through its registered agent, CT Corporation
System, 1200 S. Pine Island Road, Plantation, Florida 33324.
Defendant BMW of North America, LLC is engaged in the manufacture, sale and/or
distribution of Plaintiffs subject vehicle and related equipment and services which
includes transacting its business with residents of Palm Beach County, Florida.
Defendant BMW of North America, LLC is also in the business of manufacturing,
supplying, and selling written warranty to the public and large including transacting its
business with residents of Palm Beach County, Florida including its agent Vista Motors of
North Broward.
Defendant BMW of North America, LLC furthers its warranty arrangements through its
agency relationship with all of its certified dealerships including its agent Vista Motors of
North Broward.
Pursuant to Florida Statute 48.193, BMW of North America, LLC is subject to the personal
jurisdiction of this Court, as an entity operating, conducting, engaging in or carrying on a
business venture in the state of Florida or having an office or agent in Florida or otherwise:
a. Committing a tortious act and other negiigent conduct within this state as hereinafter
described;
b. Engaging in substantial and not isolated activity within this state;
c. Engaging in solicitation, advertising, marketing or service activities within this state;
d. Producing materials, or things processed, serviced, or manufactured used or consumed
within this state in the ordinary course of commerce, trade, or use;
e, Causing injury to persons or property within this state arising out of an act or omission
her tha Nafandant
vy ult Derenuane10.
11.
12.
13.
14.
f, Entering into contracts with and issuing product warranty to the Plaintiff in this state;
g. Entering into contracts with and performing work, including warranty work, pursuant to
contracts with the Plaintiff in this case;
h. Breaching a contract in this state by failing to perform acts or negligently
performing acts required by the contract to be performed in this state.
Venue is also proper pursuant to Florida Statute 47.051 because Defendant transacts
business in Palm Beach County, Florida the subject vehicle and Plaintiff are both located
in Palm Beach County, and the cause of action accrued in Palm Beach County.
The transactions and occurrences involved in this action took place in the State of Florida
County of Palm Beach.
This Honorable Court has jurisdiction over this matter because the amount in controversy
eveeedc S15 OND avclucive af enctc interact and attarney feec
RACLEGS Ga Suuu, CACUSIVE Cr COGS, HOTS: GG aucrney wees.
FACTS
. On or about October 21, 2017 Plaintiff leased the vehicle, a new 2017 BMW 530i, VIN.
WBAJA5C51JG898149, total sale price of which is $59,080.00 including tax, title, fees
and finance charges. See Exhibit A attached hereto.
Along with the lease of the vehicle, Plaintiff received an express warranty from
Manufacturer. See Exhibit B attached hereto.
Specifically, the relevant terms of the warranty were as follows:
a. Manufacturer’s 4 (four) year / 50,000 mile bumper-to-bumper factory warranty and 4
(four) year / 50,000 mile Powertrain warranty.15.
16.
17.
b. Manufacturer provided in the express warranty that the Manufacturer would
repair defects and replace defective parts within the specified time from above,
through its own authorized servicing agents as defined in the express warranty.
Within eight (8) months of lease, Plaintiff began to have problems with the Subject
Vehicle’s performance. For these problems, he returned the Subject Vehicle to authorized
BMW dealerships for repairs on or about seven (7) occasions, which kept the Subject
Vehicle out of service for about or around fifty (50) days. These repair attempts occurred
between June 9, 2018 and July 22, 2020. At the time of the first repair attempt, the mileage
on the Subject Vehicle was 6,072 miles. Following the July 22, 2020 repairs, the mileage
was 24,076 miles. These repair attempts clearly occurred within the limited warranty
period. See Exhibit C repair orders.
Plaintiff has taken the vehicle to Defendant Manufacturer’s authorized servicing agents
pursuant to the warranty at least seven (7) times for repairs for defects and/or defective
parts including electrical issues, vehicle will not go into gear, gearshift knob will not move,
vehicle required towing in to service, passenger airbag warning chimes when no one in
seat, performance defects, TPMS ight iliuminating, fuei tank defects, passenger restraint
malfunction light illuminating despite numerous repair attempts, and front passenger seat
occupancy detection fault. A detailed description of the nonconformities present within
the vehicle may be found in the work orders attached _as Plaintiff's Exhibit C and
incorporated herein.
Plaintiff by and through undersigned counsel also directly contacted Defendant
Manufacturer requesting further warranty assistance and that a final repair attempt be
namnlatead Gan Pols
Compre, See 2
34.1) attanhad harate
Uy auacicu nerclu.18. Unfortunately, Defendant Manufacturer refused to otherwise resolve the warranty dispute.
19. At all times material hereto Defendant Manufacturer was aware of the vehicle’s problems
and unrepaired defects.
20. Further, Defendant Manufacturer was afforded numerous opportunities to repair the
vehicle through its authorized servicing agent(s) under the warranty. See Exhibit _C
attached hereto.
21. Despite at least seven (7) repair attempts, the vehicle continues to exhibit the same
significant problems including electrical issues, vehicle will not go into gear, gearshift
knob will not move, vehicle required towing in to service, passenger airbag warning chimes
when no one in seat, performance defects, TPMS light illuminating, fuel tank defects,
passenger restraint malfunction light illuminating despite numerous repair attempts, and
front passenger seat occupancy detection fault. See Exhibit C.
22. Such problems and failures were the direct result of one or more failures with Defendant
Manufacturer supplied materials and workmanship.
23. As a result, the vehicle’s use, value and safety have been significantly impaired due to no
fauit of the Piaintiff.
24. Defendant Manufacturer’s inability or refusal to perform warranty repairs is in derogation
of Manufacturer’s obligation to Plaintiff under the express warranty.
COUNT I
BREACH OF EXPRESS WARRANTY UNDER MMWA 15 USC 2310(d)(1)
25. Plaintiff incorporates and adopts paragraphs | to 24 and as though fully set forth herein.
26. Plaintiff is a “consumer” as defined in MMWA 15 USC Section 2301(3).27,
28.
29.
30.
31.
32,
33.
35.
36.
34,
The vehicle is a “consumer product” as defined in MMWA 15 USC Section 2301(1)
because the vehicle is tangible property marketed and sold in and amongst several states
for personal, family or household purposes.
The MMWA applies to new vehicles, like the Subject Vehicle.
The MMWA does not require privity of contract. Rentas v. DaimlerChrysler Corp., 936
So. 2d 747, 750 (4 DCA 2006).
The vehicle was manufactured and leased after July 4, 1975.
The express written warranty is a “written warranty” as defined by MMWA 15 USC
Section 2301(6).
Manufacturer is a “supplier” and a “warrantor” as defined under the MMWA 15 USC
Section 2301(4) and (5).
As described herein, as part of the consideration for the contract price of the Subject
Vehicle, BMW provided with it an express warranty. In its warranty, BMW provides a 4
(four) year / 50,000 mile bumper-to-bumper factory warranty and 4 (four) year / 50,000
mile Powertrain warranty See Exhibit B warranty.
The vehicle's failures as the direct resuit of muitipie detects in the manufacturing
workmanship or materials.
Pursuant to section 2304(d), Defendant was required to remedy any defects, malfunction,
or non-conformance of the subject vehicle within a reasonable time and without charge to
Plaintiff.
The above-described failures and issues could not reasonably have been discovered by
Plaintiff prior to Plaintiff's lease of the vehicle.37.
38.
39.
40.
Al,
42.
45.
As described in greater detail herein, by failing to repair or replace the Subject Vehicle,
Defendant defaulted on its obligations under its written warranty and the warranties
imputed to it by Florida law. By breaching its express warranties, it violated the MMWA.
The express written warranty was part of the basis of the bargain of the contract, upon
which Plaintiff relied, for the lease of the vehicle.
The vehicle has not been properly repaired under such express warranty and continues to
be in a defective condition through no fault of Plaintiff. See Exhibit B warranty.
Defendant Manufacturer’s failure or refusal to adequately repair the vehicle is a breach of
the express warranty.
The express warranty has failed of its essential purpose.
The actions of Defendant as hereinabove described and in failing to tender Plaintiff's
Subject Vehicle VIN WBAJA5C51JG898149 to Plaintiff free of defects and refusing or
failing to repair or replace the defective vehicle tendered to Plaintiff within a reasonable
time, constitute a breach of the written warranty covering the Subject Vehicle and violate
the Magnuson-Moss Warranty Act.
. As a result of Manufacturer’s breach, Piaintiff has directiy suffered expenses, losses, and
damages.
. Unlike other consumer goods, the vehicle naturally depreciated the moment after Plaintiff
leased the vehicle and has continued to depreciate thereafter all through no fault of the
Plaintiff.
Plaintiff is now faced with the reality that BMW cannot or will not adequately repair the
vehicle, or in the alternative the vehicle has been subject to an unreasonable number of
ftamnte Can Dehihit 0 wanate andarc
WUCTIPLS. EC LVAMIUIL L Tepall ULUTID.46. Part of the vehicle’s purchase price was so Plaintiff could enjoy and maximize the
“certified pre-owned vehicle experience” that was promised by the Defendant
Manufacturer and selling dealer.
47. The unrepaired defects and problems with the vehicle took away from and diminished such
experience from Plaintiff.
48. Plaintiff seeks recovery of damages which include the difference between the vehicle’s
total sale price minus the value the Plaintiff could or would receive upon selling or trading
the vehicle.
49. In the alternative, Plaintiff seeks to recover the difference between the value of the vehicle
as delivered and acceptance on the date of lease.
50. Currently, there is no market for defective vehicles such is in large part due to the
instantaneous depreciation of vehicle as described above.
51. As a result, the difference in value between Plaintiff's vehicle as accepted and delivered
on the date of sale cannot be calculated with certainty which makes the award of damages
appropriate.
53. Aii conditions precedent prior to bringing this action have occurred, have been performed
or have been waived. See Exhibit D.
53. Privity of contract exists between Plaintiff and Defendant BMW of North America, LLC
by the following:
a. Defendant BMW of North America, LLC enters into sales and servicing agreements
with its authorized dealer including its authorized agent dealership Vista Motors of
North Broward that are located in numerous counties of the state of Florida.. Defendant BMW of North America, LLC requires its authorized dealers to display
BMW of North America, LLC’s logo on each dealer’s sign outside the dealer including
its authorized agent dealership Vista Motors of North Broward.
. Defendant BMW of North America, LLC requires its authorized dealers to display
BMW of North America, LLC’s logo on the uniforms of authorized dealer’s service
personnel including its authorized agent dealership Vista Motors of North Broward.
. Defendant BMW of North America, LLC requires its authorized dealers to display
BMW of North America, LLC’s logo on the repair records that are given to authorized
dealer’s customers as receipts for service to their vehicles including its authorized agent
dealership Vista Motors of North Broward.
Defendant BMW of North America, LLC requires its authorized dealers to seek
authorization for performing repairs pursuant to Defendant BMW of North America,
LLC’s warranty including its authorized agent dealership Vista Motors of North
Broward.
Defendant BMW of North America, LLC makes the final decision as to if repairs are
covered by Defendant BMW of North America, LLC warranty inciuding its authorized
agent dealership Vista Motors of North Broward.
Defendant BMW of North America, LLC reimburses its authorized dealers for repairs
covered by Defendant BMW of North America, LLC’s warranty including its
authorized agent dealership Vista Motors of North Broward.
. Defendant BMW of North America, LLC requires its authorized dealers to document
repairs on repair invoices in a method prescribed by Defendant BMW of NorthAmerica, LLC including its authorized agent dealership Vista Motors of North
Broward.
i. Defendant BMW of North America, LLC provides its authorized dealers with specific
limitations on the amount of time its dealers may seek reimbursement for specific
warranty repairs to a vehicle including its authorized agent dealership Vista Motors of
North Broward.
j. Defendant BMW of North America, LLC requires its authorized dealers provide its
customers with Manufacturer’s BMW of North America, LLC written warranty when
anew vehicle is sold by Defendant BMW of North America, LLC authorized dealer
including its authorized agent dealership Vista Motors of North Broward.
k, Finally, Defendant Manufacturer BMW of North America, LLC closely controls and
supervises every authorized dealer through a system of zone offices that is set up to
monitor dealership located within each respective county of the State of Florida
including its authorized agent dealership Vista Motors of North Broward.
1. Defendant Manufacturer BMW of North America, LLC provides its authorized dealers
with repair manuais and service bulletins to repair vehicles manufacturers and/or
distributed by Defendant BMW of North America, LLC including its authorized agent
dealership Vista Motors of North Broward.
m. Defendant Manufacturer BMW of North America, LLC fully controls all authorized
dealerships including its authorized agent dealership Vista Motors of North Broward.
54. As a direct and proximate result of Manufacturer’s failure and refusal to comply with its
written warranty Plaintiff has suffered damages and in accordance with 15 USC Section 2310(d)(1)
fitlad ta being omit far da. wh lacal and
UCU LO ULinig, Suit 101 Gar Wal Wal alia
10WHEREFORE, Plaintiff prays that judgment be entered against Defendant BMW of North
America, LLC (Manufacturer) for legal and equitable relief:
(a) For damages in the amount of difference between the value of the vehicle as promised
and the depreciated value of the vehicle.
(b) For the difference in the value of the vehicle as promised and as actually delivered.
(c) For actual, incidental and consequential damages 2310(d)(1).
(d) For costs, interest and actual attorney’s fees pursuant to 15 USC Section 2310(d)(2).
(e) For such other relief this Court deems appropriate.
®
For Equitable Rescission as permitted through the Magnuson Moss Warranty Act’s
application 15 U.S.C. section 2310(d), See Ventura v. Ford 173 N.J. Super. 501 (1980)
414 A.2d 611;
COUNT II
BREACH OF EXPRESS WARRANTY JER FLA. STAT. 672.101 ET SEQ.
55.
56.
57.
58.
59.
60.
Plaintiff incorporates and adopts paragraphs | to 54 as though fully set forth herein.
. Plaintiff is a “buyer” under the Florida Uniform Commercial Code (hereinafter the
Florida UCC Fla. Stat. Section 672.103.
Defendant Manufacturer BMW of North America, LLCis a “seller” under the Florida
UCC Fla. Stat. 672.103.
The vehicle constitutes “goods” under the Florida UCC Fla. Stat 672.105.
This is a “transaction” to which Fla. Stat 672.102 is applicable.
Plaintiff discovered the vehicle has defects and problems after Plaintiff leased the
vehicle including but not limited to: electrical issues, vehicle will not go into gear,
gearshift knob will not move, vehicle required towing in to service, passenger airbag
warning chimes when no one in seat, performance defects, TPMS light illuminating,
1161.
62.
63.
64.
65.
66.
fuel tank defects, passenger restraint malfunction light illuminating despite numerous
repair attempts, and front passenger seat occupancy detection fault. See Exhibit C
repair orders.
Plaintiff notified Defendant Manufacturer of aforementioned defects and the defects
were not timely remedied by Defendant. See Exhibit D.
Plaintiff has provided Manufacturer with sufficient opportunities to repair or replace
the vehicle.
Plaintiff has reasonably met all obligations and preconditions as provided in the express
warranty.
Even though the express warranty provided to Plaintiff limited Plaintiffs remedy to
repair and/or replacement of the defective parts, the vehicles defects have rendered the
limited warranty ineffective to the extent that the limited remedy of repair and/or
replacement of defective parts failed of its essential purpose pursuant to Fla. Stat.
672.719(2) and/or the above remedy is not the exclusive remedy under Fla. Stat.
Section 672.719(f)(B). When a limited warranty fails its essential purpose, any
jimitations of remedies is void ab initio. Therefore, Piaintiff may seek any of the
remedies available under the UCC against Defendant.
As a result of the vehicle’s defects, Plaintiff has lost faith and confidence in the vehicle
and Plaintiff cannot reasonably rely upon the vehicle for the ordinary purpose of safe,
efficient transportation.
All conditions precedent prior to bringing this action have occurred have been
performed or have been waived.
1267. Privity of contract exists between Plaintiff and Defendant BMW of North America,
LLC by the following:
a. Defendant BMW of North America, LLC enters into sales and servicing agreements
with its authorized dealer that are located in numerous counties of the state of Florida
including its authorized agent dealership Vista Motors of North Broward.
b. Defendant BMW of North America, LLC requires its authorized dealers to display
BMW of North America, LLC’s logo on each dealer’s sign outside the dealer including
its authorized agent dealership Vista Motors of North Broward.
c. Defendant Manufacturer BMW of North America, LLC requires its authorized dealers
to display BMW of North America, LLC’s logo on the uniforms of authorized dealer’s
service personnel including its authorized agent dealership Vista Motors of North
Broward.
d. Defendant Manufacturer BMW of North America, LLC requires its authorized dealers
to display Manufacturer BMW of North America, LLC’s logo on the repair records that
are given to authorized dealer’s customers as receipts for service to their vehicles
including its authorized agent deaiership Vista Motors of North Broward.
e. Defendant BMW of North America, LLC requires its authorized dealers to seek
authorization for performing repairs pursuant to Defendant BMW of North America,
LLC’s warranty including its authorized agent dealership Vista Motors of North
Broward.
f. Defendant BMW of North America, LLC makes the final decision as to if repairs are
covered by Defendant BMW of North America, LLC warranty including its authorized
in Viota Matnes af Nacth D.
Up ¥ isla Iv0L01d Ul INULUL
agant da
agent Gt
13. Defendant BMW of North America, LLC reimburses its authorized dealers for repairs
covered by Defendant BMW of North America, LLC’s warranty including its
authorized agent dealership Vista Motors of North Broward.
Defendant BMW of North America, LLC requires its authorized dealers to document
repairs on repair invoices in a method prescribed by Defendant BMW of North
America, LLC including its authorized agent dealership Vista Motors of North
Broward.
Defendant BMW of North America, LLC provides its authorized dealers with specific
limitations on the amount of time its dealers may seek reimbursement for specific
warranty repairs to a vehicle including its authorized agent dealership Vista Motors of
North Broward.
j. Defendant BMW of North America, LLC requires its authorized dealers provide its
customers with Manufacturer’s BMW of North America, LLC written warranty when
a new vehicle is sold by Defendant BMW of North America, LLC authorized dealer
including its authorized agent dealership Vista Motors of North Broward.
k. Finaiiy, Defendant Manufacturer BMW of North America, LLC ciosely controis and
supervises every authorized dealer through a system of zone offices that is set up to
monitor dealership located within each respective county of the State of Florida
including its authorized agent dealership Vista Motors of North Broward.
|. Defendant Manufacturer BMW of North America, LLC provides its authorized dealers
with repair manuals and service bulletins to repair vehicles manufacturers and/or
distributed by Defendant BMW of North America, LLC including its authorized agent
danlae
ava
in Wieta Matare af Nacth Den
Up ¥ Ista LVAULUL5 UF 1NOTUL DIO
14m. Defendant Manufacturer BMW of North America, LLC fully controls all authorized
dealerships including its authorized agent dealership Vista Motors of North Broward.
68. The express warranty made by Defendant were part of the “basis of the bargain” of
Plaintiffs transaction with Defendant and its agent on or about October 21, 2017 in leasing the
subject vehicle as that term is used in the Uniform Commercial Code and are presumed to be a
part of the contract between Plaintiff and Defendant.
69. At all times, Defendant expressly represented and warranted to Francis Aloyisius
McMahon by an through statements made by Defendant or their authorized agents or sales
representatives, orally and in publications, package inserts, warranty, and other written materials
intended for purchasers and the general public that Plaintiffs subject vehicle is safe and effective
for personal use.
70. Plaintiffs vehicle fails to conform to Defendant's express warranty pursuant to Florida
Statute 672.101.
71. Plaintiff's has made repeated demands for Defendant to cure any defects and non-
conformities with the subject vehicle.
72, Piaintiit has complied with aii reasonabie terms and conditions imposed upon Piaintiff
by Defendant.
73. The subject vehicle aforementioned defects still persist and continue into the future.
74. Due to Defendant’s failure or refusal to honor its obligation to Plaintiff under its
Express warranty, Plaintiff has and will continue to suffer damages including diminished value
and costs to repair the defects and non-conformities.
75. As a result of Defendant’s breach of the express warranty as set forth above and
Defendant’s failure to honor its obligations under its warranty, Plaintiff has and will continue to
15suffer damages as enumerated above including diminished value and cost to repair the above-
referenced defects.
76. As a proximate result of the abovementioned breach of express warranty by Defendant,
Plaintiff suffered economic and non-economic loss and will continue to suffer such harm, damages
and loss into the future of including diminished value and cost to repair the continuing defects.
WHEREFORE, Plaintiff prays that judgment be entered against Defendant BMW of North
America, LLC (Manufacturer):
(a) For damages in the amount of the difference between the value of the vehicle as promised
and the depreciated value of the vehicle.
(b) For the difference in value of the vehicle as promised and as actually delivered.
(c) For actual, incidental and consequential damages.
(d) For costs and interest.
(e) For equitable rescission of contract.
(f) For such other relief this Court deems appropriate.
WHEREFORE, Plaintiff prays that judgment be entered against Defendant Manufacturer
BMW of North America, Li
(a) For damages in the amount of the difference between the vehicle as promised and the
depreciated value of the vehicle.
(b) For the difference in value of the vehicle as promised and as actually delivered. See
Florida Statute 672.712.
(c) For actual, incidental and consequential damages.
(d) For costs and interest.
16(e) Equitable Rescission of contract Hibiscus Associates Ltd. v. Board of Trustees of
Policemen and Firemen Retirement System of the City of Detroit, 50 F.3d 908 (11th
Cir. 1995). Bland v. Freightliner Llc, 206 F. Supp. 2d 1202, 1206 (M.D. Fla. 2002).
(f) For such other relief as this Court deems appropriate.
DEMAND FOR JURY LRIAL
NOW COMES Plaintiff Francis Aloyisius McMahon by and through his attorney, Lemon
Law Group Partners PLC and hereby demands a trial by jury in the above cause
LEMON LAW GROUP PARTNERS PLC
/s/ Rachel Cichowic Esq.
3323 NE 163" St Suite 504
North Miami Beach FL 33160
Florida Bar No 0092307
Attorney for Plaintiff Francis Aloyisius McMahon
Phone (888) 415-0610
Facsimile (888) 809 7010
17Exhibit A
Exhibit Aalors ee eam tns fm | eassearata
sees at Fat) egh tee ba | Ob aN talon tf ave DP TIO
Sipsdy vainargts) pate vaet pata feito} espe Byes Raegp saute | epips tye Od aovad op side aoe sawiniin) }
oes ta) eso pda yd se uC) 4} gh Besar Buy] pain | AUVUpO YD Katy OF arsed 9] 9494 ein for Keaatpipy Oper aasticn, :
a eiomanton unaen) Sons yt Ay pd pus Suture v} Launony Ay poyswuapt Ayeaytoats eyan | ysoproqy puerkog uw pux AsdAtsp «2;27794 sy J9 scz1 sy) Te pouing> 9
een GU BAD SEADIUAY BUUNE] “Buta Gh $82jun
Aq paruouny i
as9(rad '( sresuddy Busser}, se oy pasizjar fj2sns0jj09 29 [pegs su3e ast) 273d
20 ayes a5) wom eueuy & 0) Seca] sasuonn pv en samen 8 eG
3} 30 sawursn Jo} jesoudde paso ureigo wouues aq JT aapIO Ep ARES
poeiem 2q 1012789 wosreuitin JO ]
ous Safeach “Auris “souoU asus inocem soIeacr Aa Omeurcin pstacD
94 11e4s J9psO siyi “wiowaasdy 9505] & aunast9 o1 peg SusNIsRD pYROGS “S301
nay poo qunowy 201 U3ET wz
ait war
Rai pooper te wunowy Us ED wry of
aeoHy NIA
orn Wx
eaurarivas
244 paruouiny
(09° 00S
‘00° 000€
1509 vondaoyj asta" squEKOL prey sIunOUIY [eUOTPPY
te) Aucdwwoo sours ¢ yur v oF 32peogy Aq paudisse Ajaperpaunat og jie4s “2
ff it fieGF “apCH
Aq Sunum us parcorput astsusyio ssoqun Sowosn pus sojeoq uaanieg possi 2y,
or wsuiaai3y sseo7 ou ‘sonst pry way Sursueurs 2027 aygrsasry ann UTEIGO|
on a1ge 3q Aut souroisny pue Buysoot}> g1auioysn9 Jo Ain Suioueviy € 49 FEC,
incnny Hutsucuty asta] 30} aMuesiw Kew sawHoIM Urasoy UNOS mUMOGE a wy,
6 Atur YOY IOI poz mides oy 2onpas of jusuLted W 40 PU Lod; an
itd Aauoub auimbse Atur pu 839} uonieodstp “sionpeand Arc]jouw “32y DOUsInPoe
‘ureiuoD ose Kew! wsuisaaTy asta] oy} “$29105 IUTUI pu jipals «s>uLo;st-)
fg a>un0 Tueutre ‘50. A ow
33 1235
Due nsopaudsaizo Suis pus Zoroueuy aay a fepicasd oy eoteascaog
Sutos axiaaay Aeus 32409q (1H) pu Y2]e2q HIN parenodsa aq Aru 3119
be Jo asco ayn soy yuswi22ige asco aut or yuencind yusuted aseey AK
2 (1) ae spuRrSiepuN ose sowoIsND "uauDasy aser] aGl 157
99 {[eys s9UO}sND WOK 01 SoNpaID a 9q Kaun [eYs Yor (s21rI1T 40 anEA FEp
‘womouny © 99 fae Sue Rute 2A noes
"Biven op o1saisoa ja ve epueiueD ‘Epa ois0%s urs e'sb HEARN ww
lop UEWLORN e002 ei ‘Winey OporLon wise wed wansetn|
v9 an onb upereuLoH SopDiyan Op SaopEMRO wed END)
‘oes
2
oeavos oun uy suoisioxd Arenuoo Aue Sepusano wo} MOpKaM O49 UO LOREULIOR TEED ANA
10 Ved 8} 872I404 SR 40} ULI} MOPUIM OY UO 999 NOA LOTEWLO Gay “OpIND suallNg 72 Fas/|
fosaid op wud
‘ey copes
Win ‘wononpad 09 parifede> 30, pue
1809 uondaouy aseory spunnoy parjddy Aunby 2pea 3N
TT OT waaaenD |
3 “1800 a7r1VANdVD TVLOL WASVHDUNd SNOIATUd V OL GTUIANTIG S¥a\ STOUTIA SLL!
a un03siq Jor S2UEKOHLY pOUMO-Dhy vin 7 saaaaial
Witt Lo). 4 ERI poy,
i oegp Ang iaimaseyntas “Sjogyas 25%jo ‘qeaezey pease
‘uusa1-Hoys 499U9) © Atsnosaasd sem 2721994 SH,
SH EST TRAST UT STSOTTAS— | AUNSOTISIG ISA IIDINFA NORIA
& AL NON) $204 28u99"7 pur uoNEAS!So4 "21 EPUOLT
{Kuo S105 MON) ay waUI2.H0;uy ATE, — ME] VOUT
xa Annoy
904 Kouta PIOY PROT 7 994 OULL MON FPUOLL
"Sis 9 01 porysl suimoep Fauna pow sj Susie pox Runways
. Seas 1 pre so ay 7p 49 OF jax! pur S00 RoR SEP LL
TE*9fT 904 Buypry uonenstBoy o10on2913
00°02
00°668
eAouady Bey 2100
9904 donURg Asasrspang
eOOONB eS | Fe
‘seo pure seam OF anp sourusmTew post Jou ‘sumopyrasg frorurypou J2]ys
You Tum *52]914>8 poem fe 24 “21INIAA YL MR Wow 1OW s2op ospe 1 AeUTEN
sean
Powwulisap sf 91994 au JL DoUIe|AND A/My Good Hy “Ae! Kieem SUT MCTTD
SUL “192A om Jo oIes Su WatM BoRroUUOD WL Auge ATE Mi Jos sumsee
©) Douiad Aue s27u0Wve Jou Here 25quIIN Gu “snodund FRAN & 105 wea
20 Amqrumypsss Jo Kisesren poxdun Are Hurpeysuy “poe duny 20 svaadea apr)
ssonueaten qe suspsrp Apsasdea Aqaiog wopeag pur aman kine meg
./SLINVA TIV HALA Pet ST SV. FORE] $F BA FM “OPIND WEA) BL}
“oputm 941 Ho th9y 498 aspwIoMHO se Adaaxg -pouH|Sap sey pea “ot op cr Kurmaado|
‘ue parayo w2oq sry ZaUOISND 40 NONITISHES sAUHOIAD Ns W PCR ISHN
snp UBALD 159) Sey soWOIND ImP soTpoy MoT sy suey “Lesooq>
Uno gusuiojn9 Jo vosiod © Aq pasado aoa, ayn ancy cy sasus2oeue
‘zyrM ose Aru JowOIN ‘os Op op ssmIOIMN sodemasc 2IEIq IN Poe
O0"0906S ASOD AZITVLIAVD TVLOLENS
Asoisty Sa}9r4>, stp Soypresas wonraONN sperasd on Myred-pary e Crs ke 24
ip spursipun JowosnD ‘amsoastp Yans Aire SyCUI OF BORTTyqo Iq) aUry 33]TS> |
's20p Jou '2fUQ sR 01 JOU ssSeurP pouTEysNs 2249 30m sty 30 Sey Hf FE (11) 30
‘oIempA amp Jo Aunqeims Jo warss Avsses “souruaquma so meds soud “voHT=s09|
00 S26 Bag boy
‘Gaorsry axp Supe (¥) siyeag Jo wade aw Aq apr was $y vonMzasaAL
fou rey s23poynouyse 13 Corse RpReA HN Seq comraesaats
POC BG SPOT MOREE
‘Aqatoy somoisn5 aL) TotuRUEM Jo S2UITDOIP FOOT 49 PUNE wu st cre
sdoumounuviy SUL dounisesmuety ogy Ait Pass yrO om? asm EWE BIYE wF TUES
sonmetyen dio sun orgy oun Jo smog oan ite GoruoS
va Seo parRNaT
| Sela Ssre5 Popa
Oo seTEs
3IptHaA JO 39H Ys
STROH
GZ) BOWVHO FOVAIN SS3IOXA UVEAUId SIT OQ" OT
XVLSMd —TE"ZOT ° E ua
“TSNUL-ITSININ SIOTRUIS WISHRATT — ANvaNOO asva1
20 ssaxho yD SapMELEN [e suPEPYP Keaudre fqag syed “SLIAVAl
STV HLA, Pee St-Sy posto} $1 >[2NF arqNaax9 Jo sorenrONTD “Moa aq]
AWASOTISIT TIONCIA AAAI ANT ONY OWA LAVAS
ba SRLREBOCTSIGNTYEN |
PE gut
xyes
Tw
aunt
vosuaevan| WOVE TRG, ObFT=ctgc gs) | oret ra TR
Hay TOES oo*ucutd nssfucytasay
BMD Fey wo], oF | aE] rae WR,
AWS LS2H)3ANNN SN ESS,
wn vact7ez7eu | RCHVIQH SATSAO TY SISNVY
a on
gual
super
he
uwsten in
POLITE LOT gn UV ISS I UCESOVE VIO
MACNO USVI UVR
aR er ie AY
SUuoLoOl
‘aSIAN’
WOT MWGUISIAAUAN 2011S QOAL
AWNOVLSIA (999) coor TOL,
0022-SC6 (bso) SpueMaug
CLOCS Ta H9GID INUOIOD
PUOY ods “A\ boremee]
weil jive you tatca the pend cay? Of purchase,
‘we gwe you twice the amount of he ciference bark.
SLR eof ST ap pe Ee TT SSE
lah 26 Lola Wun tefwaalnatinaier iy ieee
Subarnieiindiaatineginuy tg
russe grants spay ro fe i) ss ur soe ed eek
pop Peete ney) apn beet payout xsem nts oper ‘pet Suton "
iL on fupec Seong soeeaee
Te Rio edo po per Ronn os G mon a a et
34g poruoyiny
a oe
[a9
NIA
Pa ay
wae sib
20},
poy TW rR
waren
hq pazuopay:
__ MAL PoD wroury er nz
\ Tay |
STRESS-FREE !
ONE CARD. MANY BE
With te tree?
‘
29d much ere
% ap jonah Be
34 Supt wun atipayaoncyon pad opaaeapa by sucht
Teel AEH 1 dopa a, a4 da fo Kou ele ee ae
S32]89q) pu ue ABATE 49/9124 N10 sum SIN oes Sisaicad
POLULE $0 EC
9
IY asta] oun sopun pris
Sogn eYS gory (1310319 10 otros cy
USNs Ajpicmpounar
ay
7109
Nise |
‘wouishpad 09 pa7ijm ide TopaN
vin
t Yuta writoo ose dra
tA | 2BuM 42m Tuowe ‘yo
tA Lon patie
“uss |
Benue ou oraud Keaton fue sopuano we ncpum ag vo Vere oon
$809 vondaou1 95607 SPUENOL Plt SIMOUIY |CUOIITPY eed opens ty nop soos oa Sayeed
Y
‘s22U018n-)
ets Ze
amin ne Sh
v9 yoRadarp coca cise ua Cap ESSIEN
1403814 fop oud wiusch erongan oury tied Cane
ppeLIONN F) ‘TopEEN SovD|yDn Ep sosopedCD BIS Eyp|
GoISapaN 09 PSRRRIES Topo : :
$9509 wopdaouy ase spzeiay patiddy dab pes ny var 2 ane
Ose {UCU arte ree a ee
Lt 41809 G3ZT1VLIaVD TVLOL MASVHOUNA SNOLARIA VOL epraArrad cue sao coi
wre = uawERSND: spuioysn;
Tanoosi dof aouenoITy pauno-aig ~ WAR 2
vit “Gras poog
28097] JOLY VO pang sourreg yo-Key peat | 40 eoyjdas 1p] 49pyf8 "ymqas *y>eq-Ang zaarasenuTUS “aportaN sonod *qeanrey ‘eas
7 ‘wu2}-v0Ys sq}u9) # Apsnoysasd sem 2psmyay yy
SU EVT TMS TT MT PSS TOY —| MINSOTISIC ASN FTDINAA UOTUE
or7 Congest, mon) 590g sruaor pas uonensidey oni mot U7 ano BRN,
(Aug s8e9 nay) py nawonN;Eg hue — APY wou]
204 Araned POV peo ¥ 224 an ON FPO
soit ntwana yaepoeanapa cows ee ee
Te*9et wo
00°02
00°668
WW OSOBS
OUETE
ed SBN Posn sre ay “29m24 axp Fei urauH Jom ESOP osfe Hf “Krein
$207
Eemaoesnuryy portant #40 poten ev u terp sanestpey in “oeoree poe ee,
yay
senueiaen tw sumpsip Airuaidia Aqaiay sayeog poe Aatesee hee vee |
| SEINVd TIV HLM PuE St sv, Postal 5) SPEPA tetp “(2pMH quatngy tun)!
+924 Bang vopensing sonsery | MOPEEN 29 LO RHOS wt asIMEIIO SE
found Sey sean | SH WOAUP S94 Seq AouiOIND IR sop, ROIS apy mmo) “Zuno0g3|
Reo Ssauoisny Jo wosiod © Xq payrodsin apR24 a4) aAey oy syesULsToEY
1924 2210098 Assunspaig | ayeur osje. Aeut soweisn3 “0s op or Awol saemoscs BTEC IT por
Azoisny 5.212149 axp Suipredas wow Ty GU
4809 G42 VLA TVLOLANS | xp spueyscpun AWOIN “amsopsip
__} may 20 0 Aararsins 10 wr2y
894 boy |Gowny ap Sumuedas (1) syeaq go made Aw hq 9pru uao4 sry COMMA!
Ca TER sadpalwowrjoe owen “Assy £21142, 2y Suypudan uoseosontas
‘Aue open you sey J9e2q pur stato £q wasup 4 Hand ua9q sry 2}37494 posT AL,
7 auasoigsia aT9nras aasa —_
231 Pur srax 01 anp aourusyurem pasa s00 “sunopryeaig prorarposes s2t7a8|
Moora “pauysop sey pue ‘os op cr Amuso
Paro weed sty JowoIn 40 uonsessHeS SEMEN asl Wf PCE a>—PA|
tar SOyts “Sona ieaa 30 aredas zouad “woprpas|
J ev siete top tri
8 uonmuuioj0} apes-any AMffie, opgrirene
{a}
Agaioy sowown> a4) wonuerm 50 soe)
Say
So eran Seca san infos ate erty
Sees permet |e ay tantly 20 Ath
313192430 aug yseD [40 SSaUdKD apa “sopIM
WIN ied
OC WT £3579) wooryoe,
WP RDrwet SY porsye tou +} Aurmasem
RARELY Pitt saenoajeumry oun hg paige ons ame arora try 1 fan de
Jo suueen paydicy cue Tupnour poxtan,
‘smWEMp Keaidia kang aeaa Siva
= —- (SHA BAUTQO ao soTERSUOMIDD M30 mal
L SOS UG AIONIAA 3.119949 NY OWI EWAN
9Z°O 3DUVHO SDVAT SSIOX3 UVIAUId SIU 000 Or on BHD SyReeaorisasvewen |
xvi SMd TH'ZOZ 2 a veya =
TSI VIN SITS WTI Anvanoo asvn|___ asaya Xe BIN ofS
dvoau asvat Hovad Wivg | osrT-2iq¢Tae) | oret-2 1g (ts
udp I TOES Oa-uouTa-vssgucyrasay
Ewmeuers sain 1
sun VY USRNTZT BRT 8, 8400 | sorrel zevee | anal ROLY 8208, |
7 AVA IS2UI3ANN SN SEE
1 ase vws a iil
- Paet7e27E0 T Notinon SHESAU Ty S138
wr
| 2 I cst) MAGNO ASV VLA
= cn WOT MUQLIZIA TAMA FONSQOAL cele nue AY
Vii=} — AMWWAVLSIA (999) 9003 WoL SUoLoly
ry | | loll 1701 11 ka. 2022-500 (bS6) seman ISIK ;
7 ek ELOCE T4 OAID INUODZD BH .
oO OfduuDS “Ay LORECi
xhibit BNew Vehicle
Limited Warranty
2018
BMW 3 Series, The Ultimate
5 Series &7 Series Driving Machine”Owner/Driver Information:
Name
Address
Owner/Driver Telephones:
Business
Home
Model BMW3 Series, 5 Series & 7 Series
Year 2018
VIN
Retaii/in-Service Date
Trim Code
Production Date.
Color Code
License Plate Number
BMW Center Telephone Numbers:
Offices
ServicesTable of Contents
Page
2018 Model YearVehicles «1.1.0... ccc eee eee eee 1
Overview CEBMW Limited Warrantles oe eee eee eee eee eee eee 4
New Vehicle Limited Warranty for Passenger Cars and Light Trucks — 2018 Models
(Valid Only in the U.S.A. including Puerto Rico) ... 2... 2... eee 2
Warrantor .. 6... eee ee eee
Warranty Begins ... 6... 00. e eee eee
Warranty Period ...... 000. e ee eee
Warranty Coverage .. 6... eee 2
Safety Belt Warranty — KansaS . 0.0... cee ee eee 2
High-Voltage Lithium-lon Battery Limited Warranty
(330e, 530e*, 530e xDrive* and 740e xDrive) . 0... ee eee 2
OtherlteMs .. 6. eee eee 2
Gemeralt ttt ee EE Tt tat tei le tet tald Gt Iaido tall lat 3
Limited Warranty — Rust Perforation 2018 Models
Whatisnotcovered...:.::::::rrsrsrisssae:
Federal Emissions System Defect Warranty
(Valid Only in the U.S.A. including Puerto Rico) ........ 2... cee eee eee eee 5
Whatis notcovered.... cc eee eee eee 6
General... ee eee ne eee 6
“General .”.
California Emission Control Warranty Statement*
Your Warranty Rights and Obligations
Manufacturer’s Warranty Coverage: .....
Owner’s Warranty Responsibilities: ............ 0000 e ee
California Emission Control System Limited Warranty* ...........000 eee eeee 10
Whatis not covered... 6. cece tee eee tee eet 12
General... cee eee eee ee ete nee nee eee 12
California Emission Warranty Parts List... 0.6... eee ee 13
2018 Model Year TZEV Vehicles ........ 0.0 cece cece eee teeta nnee 24
California Emission Warranty—TZEV 1.1... cece 24
California Emission Control Warranty Statement TZEV*
Your Warranty Rights and Obligations ............2.20 20 eee eee eee 24
Manufacturer’s Warranty Coverage: 0... eee ee ete eee eee 24
Owner’s Warranty Responsibilities: 0.0... 0... eee eee 25
California Emission Control System Limited Warranty TZEV* ...........000008 25
Whatis not covered... 6 cece ete ee teen teen e ee 27
General... cee cece e eee teen eee eee anee 27
Tire Warranty Statement ........2.-0- 00 eee eee eee eee 27
12 Volt Battery Care* 2.0... cies 28
High-Voltage Lithium-lon Battery Careand Repairs «1... 2.0.00. c eee eens 28Page
Corrosion Protection ........ 0. eee eects 28
Restoring corrosion protection 2... 6. cc eee ee ee 29
Underbody maintenance .. 0... ccc eee eee 29
Gasoline Engines — Fuel Quality . 29
Diesel Engine — Fuel Requirement ........ 0.0 ce eee eee eee eee eee 29
Notice 2.2... ccc eee eee eee 31
Correcting, Updating or Changing Vehicle-Related or Ownership Information ..... 31
Exporting YourBMW Vehicle ...... 00. cece eect eee eee eee eens 31
Customer Assistance Information ...... 000. e eee eee 32
Customer Assistance — Notification 2... 0... ccc eee 32
BBB AutoLine ........ 0.2. e ee eee 34
CaliforniaResidents ......... ro
Speciai Programs ............
BMW Roadside Assistance .....
BMW Roadside Assistance Smartphone Application. ..........
Owner's Eligibility... 0.0... eee
Getting-Started eet ete ete ete ete ete 37
Calling For Assistance .. 0... cee eee een eee 37
Services eee eee eee eens 32
Dispatch Serica ee ee eS ete re teehee ret 38
On-Site Assistance 6... ee ett eee 38
Foek-Out eee esate tetera tC tot Eek 38
Towing Service 6 ee ete 38
Sign-and-Drive . 1... eee teen eee 39
Trip Interruption Benefits ©... 6... ee eee ee eee 39
Car Rental Discounts... 6... ete teens 39
EXCIUSIONS 6. eee teen eee teen ene 392018 Model Year Vehicles
Series Body Style Models
3 Series Sedan 320i, 320i xDrive, 330i, 330i xDrive, 340i,
340i xDrive, 328d, 328d xDrive, 330e
Sports Wagon 330i xDrive, 328d xDrive
Gran Turismo 330i xDrive, 340i xDrive
5 530i, 530i xDrive, 540i, 540i xDrive, M550i xDrive,
5 Series Sedan 540d xDrive , ’
740i, 740i xDrive, 750i, 750i xDrive,
7 Series Sedan BMW ALPINA B7 xDrive, M760i xDrive,
740e xDrive
[5 Series TZEV | Sedan [ 530e, 530e xDrive
Overview of BMW Limited Warranties
Months
New Vehicle Warranty 48 Celene Omi
Rust Perforation Warranty 144 12 years/Unlimited Miles
Federal Emission Warranty en te]
-All Emission Related Parts 24 eee 000
-Specific Control Devices i 8 years/80,000 Miles
c nia ia Emi ian
Control ' Warranty*
-All Emission Related Parts 36 Beton Oem Ulery
-Specific Control Devices 84 7 years/70,000 Miles
-TZEV Vehicles** 180 SERV embelORe Onis)
Mileage
10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 150,000
*The California Emissions Control System Limited Warranty applies to all 2018 U.S.-specification BMW
vehicles registered in California, Connecticut, Delaware, Maine, Maryland, Massachusetts, New Jersey,
New York, Oregon, Pennsylvania, Rhode Island, Vermont or Washington.
**The California Emissions Control System Limited Warranty also applies to 2018 TZEV models registered
in Delaware, Pennsylvania and Washinaton. The TZEV models reqistered in California, Connecticut, Maine,
Maryland, Massachusetts, New Jersey, New York, Oregon, Rhode Island and Vermont have different
emissions warranty coverage.
The BMW limited warranties apply only to U.S.-specification BMW vehicles and cover eligible
warranty repair or replacement work when the warranty service is performed at an authorized
BMW center in the United States (including Puerto Rico), subject to all applicable exclusions
and/or limitations.New Vehicle Limited Warranty for
Passenger Cars and Light Trucks
— 2018 Models (Valid Only in the
U.S.A. including Puerto Rico)
Warrantor
BMW of North America, LLC (BMW NA) warrants
during the Warranty Period the 2018 U.S.-
specification BMW vehicles distributed by
BMW NA or sold through the BMW NA European
Delivery Program against defects in materials or
workmanship to the first retail purchaser, and
each subsequent purchaser.
Warranty Begins
Coverage begins on the date of first retail sale or
The Gate the VEnICIé IS firSt Placed Into Service as
asales demonstrator, Aftersales Mobility
Program (AMP) Vehicle or company vehicle,
whichever is earlier.
Warranty Period
The warranty neriod ig 48 months or
50,000 miles, whichever occurs first, except as
noted below.
Warranty Coverage
To obtain warranty service coverage, the vehicle
must be brought, upon discovery of a defect in
material or workmanship, to the workshop of any
authorized BMW center in the United States
(including Puerto Rico) during normal business
hours.
The authorized BMW center will, without charge
for parts and labor "(including diagnosis), either
iepair Of replace the Getective partis) using Hew
or authorized remanufactured parts. The
decision whether to repair or replace said part(s)
is solely the prerogative of BMW NA. Parts for
which replacements are made become the
property of BMW NA. In all cases, a reasonable
time must be allowed for warranty repairs to be
d hy the
Warranty repairs do not constitute an extension
of the original limited warranty period for the
vehicle or a part thereof.
Safety Belt Warranty — Kansas
Safety belts are covered under the BMW New
Vehicle Limited Warranty for defects in material
or workmanship for a period of 10 years,
unlimited mileage from the date of purchase. In
order to be eligible for this coverage, the vehicle
must be a new car retailed in the State of Kansas
and the repair performed by an authorized BW
center in Kansas.
High-Voltage Lithium-lon Battery
Limited Warranty (330e, 530e*, 530e
xDrive* and 740e xDrive)
BiviW of North America, LLC (BIMW NA) warrants
the high-voltage lithium-ion battery assembly
against defects in materials or workmanship for a
period of 8 years/80,000 miles, whichever occurs
first.
Battery performance and durability, including
high-voltage lithium-ion batteries, is
temperature-dependeni. While battery capacity
increases in higher temperatures, colder
temperatures will lower the battery’s capacity.
Extreme high and/or low temperatures may
impact the battery’s service life.
*Based on the state of registration, 530e and
530e xDrive vehicles may have different
High-Voitage Battery Limited Warranty coverage;
please refer to the TZEV section beginning on
page 24.
Other Items
Wheel alignment, balancing and wiper blade
inserts are covered un to the first 2.000 miles on
the vehicle.
Items which are subject to wear and tear or
deterioration due to driving habits or
conditions, such as brake padsi/linings, brake
discs, clutch disc, pressure plate, fi ilters,
upholstery, trim and chrome items, p:
f
9) ly
defects in material or workmanship.Additionally, wood trim and leather
upholstery have inherent variations in color
and texture, dependent upon being properly
cleaned and maintained. These items may
lighten or darken due to age or exposure to
sunlight; this is not a defect in materials or
workmanship.
Battery performance and durability are
temperature-dependent. While battery capacity
increases in higher temperatures, colder
temperatures will lower the battery’s capacity.
Evtrama hinh andinr Inui tamnaratitrac maw
DAU CIne Migr aruor tw Wrniperauuies may
impact the battery's service life.
Whatis not covered:
Remote control transmitter battery replacement.
Damage, including consequential, which results
from negligence, misuse/improper operation of
the vehicle, improper repair, lack of or improper
maintenance, environmental influences, flood,
accident or fire damage, road salt corrosion, or
the use of improper fuel as described in the
Owner's Manual or contaminated fuel.
Damage to the engine, transmission or any
ralatad d comnonent ca oat iscad d hy it imnroner s! chifti
of the transmission.
Damage to the paint finish due to stone chips,
nicks, dents, acid rain, industrial fallout, other
environmental influences, and normal
deterioration, such as fading, discoloration, or
loss of luster, i improper care/repair of “matte”
paint finishes, as weli as damage caused by lack
of maintenance, excessive rubbing, the use of
improper cleaners, polishes and/or waxes.
Maintenance services and parts when replaced
during maintenance such as spark plugs
(gasoline engines only), lubricants, fluids, engine
tune-up parts, reolacement of filters, coolant,
and refrigerant.
Modification of the vehicle or installation of any
performance accessories or components
attached to the vehicle which alters the original
engineering and/or operating specifications or
which results in damage to the other original
COMPOTSNS, HSCtrical MteTTETeNce, electtical
short, radio static, water leaks and wind noise.
Tires are warranted by their respective
manufacturer. See the Tire Warranty Statement
on page 27.
Driving over rough or damaged road surfaces,
ae dohric eurhe and athar nhetacloe
PAS US, CUS GI CLIICE CN SLUCIES
can cause serious damage to wheels, tires
and suspension parts. This is more likely to
occur with low-profile tires that provide less
cushioning between the wheel and the road.
Be careful to avoid road hazards and reduce
your speed, especially if your vehicle is
equipped with low-profile tires.
Non-genuine BMW Parts — While you may elect
to use non-genuine BMW parts for maintenance
or repair services, BMW NA is not obligated to
pay for repairs of the non-genuine BMW parts or
for repairs of any damage resulting from the use
of non-genuine parts.
TI nis Waitanty shi iat be Tun aii ia voia toi Specitic
vehicle components that were previously
replaced with used or salvaged automobile parts,
including repairs of any damage resulting from
the use of these parts.
This warranty shall be null and void if the
odometer has been replaced or altered and the
{rue Mileage ON the venicie cannot be
determined, and/or the Vehicle Identification
Number (VIN) is altered and/or cannot be
determined.
This warranty shall be null and void if the vehicle
has been declared a total loss or sold for salvage
purposes, or if the vehicle has been used in any
competitive eveni.
General
These warranties give you specific legal rights,
and you may also have other rights which vary
from state to state.
THE DURATION OF ANY IMPLIED
WARRANTIES, INCLUDING THE IMPLIED
WARRANTY OF MERCHANTABILITY, IS
LIMITED TO THE DURATION OF THE
EXPRESS WARRANTIES HEREIN.BMW NA HEREBY EXCLUDES INCIDENTAL
AND CONSEQUENTIAL DAMAGES,
INCLUDING LOSS OF TIME, INCONVENIENCE,
OR LOSS OF USE OF THE VEHICLE, FOR ANY
BREACH OF ANY EXPRESS OR IMPLIED
WARRANTY, INCLUDING THE IMPLIED
WARRANT
Preview
wes CASE NUMBER: 502020CA010915XXXXMB Div: AH **** Filing # 114611047 E-Filed 10/07/2020 04:32:17 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORIDA FRANCIS ALOYISIUS MCMAHON Plaintiff v. Case No: BMW OF NORTH AMERICA, LLC Defendant COMPLAINT AND JURY DEMAND FOR FRANCIS ALOYISIUS MCMAHON The Plaintiff FRANCIS ALOYISIUS MCMAHON ‘Plaintiff’ by and through the undersigned counsel, files this Second Amended Complaint and sues Defendant BMW of North America, LLC (hereinafter Manufacturer) and submits the following: STATEMENT OF JURISDICTION AND VENUE 1. The amount in controversy does exceed FIFTEEN THOUSAND DOLLARS ($15,000.00) 2. Plaintiff Francis Aloyisius McMahon is an individual and a resident of Palm Beach County, Florida and otherwise sui juris residing at 333 NE Wavecrest Way, Boca Raton, Florida 33432. 3. Defendant BMW of North America, LLC also referred to as “Manufacturer” is a foreign limited liability company authorized to conduct business in the State of Florida and at all times material hereto was engaged in the regular practice of warranting and servicing automobiles in Palm Beach County, Florida. CHEN. DAIRARCACUAAIINTY Cl CUADAND ANY FLEDY ANINTINNAN NA.29.47 DAA HILLY. PAL DLA VUUINE TT, EL, OHI. DUUN, ULE, bururizucy Utiue. if iveBMW of North America, LLC may be served through its registered agent, CT Corporation System, 1200 S. Pine Island Road, Plantation, Florida 33324. Defendant BMW of North America, LLC is engaged in the manufacture, sale and/or distribution of Plaintiffs subject vehicle and related equipment and services which includes transacting its business with residents of Palm Beach County, Florida. Defendant BMW of North America, LLC is also in the business of manufacturing, supplying, and selling written warranty to the public and large including transacting its business with residents of Palm Beach County, Florida including its agent Vista Motors of North Broward. Defendant BMW of North America, LLC furthers its warranty arrangements through its agency relationship with all of its certified dealerships including its agent Vista Motors of North Broward. Pursuant to Florida Statute 48.193, BMW of North America, LLC is subject to the personal jurisdiction of this Court, as an entity operating, conducting, engaging in or carrying on a business venture in the state of Florida or having an office or agent in Florida or otherwise: a. Committing a tortious act and other negiigent conduct within this state as hereinafter described; b. Engaging in substantial and not isolated activity within this state; c. Engaging in solicitation, advertising, marketing or service activities within this state; d. Producing materials, or things processed, serviced, or manufactured used or consumed within this state in the ordinary course of commerce, trade, or use; e, Causing injury to persons or property within this state arising out of an act or omission her tha Nafandant vy ult Derenuane10. 11. 12. 13. 14. f, Entering into contracts with and issuing product warranty to the Plaintiff in this state; g. Entering into contracts with and performing work, including warranty work, pursuant to contracts with the Plaintiff in this case; h. Breaching a contract in this state by failing to perform acts or negligently performing acts required by the contract to be performed in this state. Venue is also proper pursuant to Florida Statute 47.051 because Defendant transacts business in Palm Beach County, Florida the subject vehicle and Plaintiff are both located in Palm Beach County, and the cause of action accrued in Palm Beach County. The transactions and occurrences involved in this action took place in the State of Florida County of Palm Beach. This Honorable Court has jurisdiction over this matter because the amount in controversy eveeedc S15 OND avclucive af enctc interact and attarney feec RACLEGS Ga Suuu, CACUSIVE Cr COGS, HOTS: GG aucrney wees. FACTS . On or about October 21, 2017 Plaintiff leased the vehicle, a new 2017 BMW 530i, VIN. WBAJA5C51JG898149, total sale price of which is $59,080.00 including tax, title, fees and finance charges. See Exhibit A attached hereto. Along with the lease of the vehicle, Plaintiff received an express warranty from Manufacturer. See Exhibit B attached hereto. Specifically, the relevant terms of the warranty were as follows: a. Manufacturer’s 4 (four) year / 50,000 mile bumper-to-bumper factory warranty and 4 (four) year / 50,000 mile Powertrain warranty.15. 16. 17. b. Manufacturer provided in the express warranty that the Manufacturer would repair defects and replace defective parts within the specified time from above, through its own authorized servicing agents as defined in the express warranty. Within eight (8) months of lease, Plaintiff began to have problems with the Subject Vehicle’s performance. For these problems, he returned the Subject Vehicle to authorized BMW dealerships for repairs on or about seven (7) occasions, which kept the Subject Vehicle out of service for about or around fifty (50) days. These repair attempts occurred between June 9, 2018 and July 22, 2020. At the time of the first repair attempt, the mileage on the Subject Vehicle was 6,072 miles. Following the July 22, 2020 repairs, the mileage was 24,076 miles. These repair attempts clearly occurred within the limited warranty period. See Exhibit C repair orders. Plaintiff has taken the vehicle to Defendant Manufacturer’s authorized servicing agents pursuant to the warranty at least seven (7) times for repairs for defects and/or defective parts including electrical issues, vehicle will not go into gear, gearshift knob will not move, vehicle required towing in to service, passenger airbag warning chimes when no one in seat, performance defects, TPMS ight iliuminating, fuei tank defects, passenger restraint malfunction light illuminating despite numerous repair attempts, and front passenger seat occupancy detection fault. A detailed description of the nonconformities present within the vehicle may be found in the work orders attached _as Plaintiff's Exhibit C and incorporated herein. Plaintiff by and through undersigned counsel also directly contacted Defendant Manufacturer requesting further warranty assistance and that a final repair attempt be namnlatead Gan Pols Compre, See 2 34.1) attanhad harate Uy auacicu nerclu.18. Unfortunately, Defendant Manufacturer refused to otherwise resolve the warranty dispute. 19. At all times material hereto Defendant Manufacturer was aware of the vehicle’s problems and unrepaired defects. 20. Further, Defendant Manufacturer was afforded numerous opportunities to repair the vehicle through its authorized servicing agent(s) under the warranty. See Exhibit _C attached hereto. 21. Despite at least seven (7) repair attempts, the vehicle continues to exhibit the same significant problems including electrical issues, vehicle will not go into gear, gearshift knob will not move, vehicle required towing in to service, passenger airbag warning chimes when no one in seat, performance defects, TPMS light illuminating, fuel tank defects, passenger restraint malfunction light illuminating despite numerous repair attempts, and front passenger seat occupancy detection fault. See Exhibit C. 22. Such problems and failures were the direct result of one or more failures with Defendant Manufacturer supplied materials and workmanship. 23. As a result, the vehicle’s use, value and safety have been significantly impaired due to no fauit of the Piaintiff. 24. Defendant Manufacturer’s inability or refusal to perform warranty repairs is in derogation of Manufacturer’s obligation to Plaintiff under the express warranty. COUNT I BREACH OF EXPRESS WARRANTY UNDER MMWA 15 USC 2310(d)(1) 25. Plaintiff incorporates and adopts paragraphs | to 24 and as though fully set forth herein. 26. Plaintiff is a “consumer” as defined in MMWA 15 USC Section 2301(3).27, 28. 29. 30. 31. 32, 33. 35. 36. 34, The vehicle is a “consumer product” as defined in MMWA 15 USC Section 2301(1) because the vehicle is tangible property marketed and sold in and amongst several states for personal, family or household purposes. The MMWA applies to new vehicles, like the Subject Vehicle. The MMWA does not require privity of contract. Rentas v. DaimlerChrysler Corp., 936 So. 2d 747, 750 (4 DCA 2006). The vehicle was manufactured and leased after July 4, 1975. The express written warranty is a “written warranty” as defined by MMWA 15 USC Section 2301(6). Manufacturer is a “supplier” and a “warrantor” as defined under the MMWA 15 USC Section 2301(4) and (5). As described herein, as part of the consideration for the contract price of the Subject Vehicle, BMW provided with it an express warranty. In its warranty, BMW provides a 4 (four) year / 50,000 mile bumper-to-bumper factory warranty and 4 (four) year / 50,000 mile Powertrain warranty See Exhibit B warranty. The vehicle's failures as the direct resuit of muitipie detects in the manufacturing workmanship or materials. Pursuant to section 2304(d), Defendant was required to remedy any defects, malfunction, or non-conformance of the subject vehicle within a reasonable time and without charge to Plaintiff. The above-described failures and issues could not reasonably have been discovered by Plaintiff prior to Plaintiff's lease of the vehicle.37. 38. 39. 40. Al, 42. 45. As described in greater detail herein, by failing to repair or replace the Subject Vehicle, Defendant defaulted on its obligations under its written warranty and the warranties imputed to it by Florida law. By breaching its express warranties, it violated the MMWA. The express written warranty was part of the basis of the bargain of the contract, upon which Plaintiff relied, for the lease of the vehicle. The vehicle has not been properly repaired under such express warranty and continues to be in a defective condition through no fault of Plaintiff. See Exhibit B warranty. Defendant Manufacturer’s failure or refusal to adequately repair the vehicle is a breach of the express warranty. The express warranty has failed of its essential purpose. The actions of Defendant as hereinabove described and in failing to tender Plaintiff's Subject Vehicle VIN WBAJA5C51JG898149 to Plaintiff free of defects and refusing or failing to repair or replace the defective vehicle tendered to Plaintiff within a reasonable time, constitute a breach of the written warranty covering the Subject Vehicle and violate the Magnuson-Moss Warranty Act. . As a result of Manufacturer’s breach, Piaintiff has directiy suffered expenses, losses, and damages. . Unlike other consumer goods, the vehicle naturally depreciated the moment after Plaintiff leased the vehicle and has continued to depreciate thereafter all through no fault of the Plaintiff. Plaintiff is now faced with the reality that BMW cannot or will not adequately repair the vehicle, or in the alternative the vehicle has been subject to an unreasonable number of ftamnte Can Dehihit 0 wanate andarc WUCTIPLS. EC LVAMIUIL L Tepall ULUTID.46. Part of the vehicle’s purchase price was so Plaintiff could enjoy and maximize the “certified pre-owned vehicle experience” that was promised by the Defendant Manufacturer and selling dealer. 47. The unrepaired defects and problems with the vehicle took away from and diminished such experience from Plaintiff. 48. Plaintiff seeks recovery of damages which include the difference between the vehicle’s total sale price minus the value the Plaintiff could or would receive upon selling or trading the vehicle. 49. In the alternative, Plaintiff seeks to recover the difference between the value of the vehicle as delivered and acceptance on the date of lease. 50. Currently, there is no market for defective vehicles such is in large part due to the instantaneous depreciation of vehicle as described above. 51. As a result, the difference in value between Plaintiff's vehicle as accepted and delivered on the date of sale cannot be calculated with certainty which makes the award of damages appropriate. 53. Aii conditions precedent prior to bringing this action have occurred, have been performed or have been waived. See Exhibit D. 53. Privity of contract exists between Plaintiff and Defendant BMW of North America, LLC by the following: a. Defendant BMW of North America, LLC enters into sales and servicing agreements with its authorized dealer including its authorized agent dealership Vista Motors of North Broward that are located in numerous counties of the state of Florida.. Defendant BMW of North America, LLC requires its authorized dealers to display BMW of North America, LLC’s logo on each dealer’s sign outside the dealer including its authorized agent dealership Vista Motors of North Broward. . Defendant BMW of North America, LLC requires its authorized dealers to display BMW of North America, LLC’s logo on the uniforms of authorized dealer’s service personnel including its authorized agent dealership Vista Motors of North Broward. . Defendant BMW of North America, LLC requires its authorized dealers to display BMW of North America, LLC’s logo on the repair records that are given to authorized dealer’s customers as receipts for service to their vehicles including its authorized agent dealership Vista Motors of North Broward. Defendant BMW of North America, LLC requires its authorized dealers to seek authorization for performing repairs pursuant to Defendant BMW of North America, LLC’s warranty including its authorized agent dealership Vista Motors of North Broward. Defendant BMW of North America, LLC makes the final decision as to if repairs are covered by Defendant BMW of North America, LLC warranty inciuding its authorized agent dealership Vista Motors of North Broward. Defendant BMW of North America, LLC reimburses its authorized dealers for repairs covered by Defendant BMW of North America, LLC’s warranty including its authorized agent dealership Vista Motors of North Broward. . Defendant BMW of North America, LLC requires its authorized dealers to document repairs on repair invoices in a method prescribed by Defendant BMW of NorthAmerica, LLC including its authorized agent dealership Vista Motors of North Broward. i. Defendant BMW of North America, LLC provides its authorized dealers with specific limitations on the amount of time its dealers may seek reimbursement for specific warranty repairs to a vehicle including its authorized agent dealership Vista Motors of North Broward. j. Defendant BMW of North America, LLC requires its authorized dealers provide its customers with Manufacturer’s BMW of North America, LLC written warranty when anew vehicle is sold by Defendant BMW of North America, LLC authorized dealer including its authorized agent dealership Vista Motors of North Broward. k, Finally, Defendant Manufacturer BMW of North America, LLC closely controls and supervises every authorized dealer through a system of zone offices that is set up to monitor dealership located within each respective county of the State of Florida including its authorized agent dealership Vista Motors of North Broward. 1. Defendant Manufacturer BMW of North America, LLC provides its authorized dealers with repair manuais and service bulletins to repair vehicles manufacturers and/or distributed by Defendant BMW of North America, LLC including its authorized agent dealership Vista Motors of North Broward. m. Defendant Manufacturer BMW of North America, LLC fully controls all authorized dealerships including its authorized agent dealership Vista Motors of North Broward. 54. As a direct and proximate result of Manufacturer’s failure and refusal to comply with its written warranty Plaintiff has suffered damages and in accordance with 15 USC Section 2310(d)(1) fitlad ta being omit far da. wh lacal and UCU LO ULinig, Suit 101 Gar Wal Wal alia 10WHEREFORE, Plaintiff prays that judgment be entered against Defendant BMW of North America, LLC (Manufacturer) for legal and equitable relief: (a) For damages in the amount of difference between the value of the vehicle as promised and the depreciated value of the vehicle. (b) For the difference in the value of the vehicle as promised and as actually delivered. (c) For actual, incidental and consequential damages 2310(d)(1). (d) For costs, interest and actual attorney’s fees pursuant to 15 USC Section 2310(d)(2). (e) For such other relief this Court deems appropriate. ® For Equitable Rescission as permitted through the Magnuson Moss Warranty Act’s application 15 U.S.C. section 2310(d), See Ventura v. Ford 173 N.J. Super. 501 (1980) 414 A.2d 611; COUNT II BREACH OF EXPRESS WARRANTY JER FLA. STAT. 672.101 ET SEQ. 55. 56. 57. 58. 59. 60. Plaintiff incorporates and adopts paragraphs | to 54 as though fully set forth herein. . Plaintiff is a “buyer” under the Florida Uniform Commercial Code (hereinafter the Florida UCC Fla. Stat. Section 672.103. Defendant Manufacturer BMW of North America, LLCis a “seller” under the Florida UCC Fla. Stat. 672.103. The vehicle constitutes “goods” under the Florida UCC Fla. Stat 672.105. This is a “transaction” to which Fla. Stat 672.102 is applicable. Plaintiff discovered the vehicle has defects and problems after Plaintiff leased the vehicle including but not limited to: electrical issues, vehicle will not go into gear, gearshift knob will not move, vehicle required towing in to service, passenger airbag warning chimes when no one in seat, performance defects, TPMS light illuminating, 1161. 62. 63. 64. 65. 66. fuel tank defects, passenger restraint malfunction light illuminating despite numerous repair attempts, and front passenger seat occupancy detection fault. See Exhibit C repair orders. Plaintiff notified Defendant Manufacturer of aforementioned defects and the defects were not timely remedied by Defendant. See Exhibit D. Plaintiff has provided Manufacturer with sufficient opportunities to repair or replace the vehicle. Plaintiff has reasonably met all obligations and preconditions as provided in the express warranty. Even though the express warranty provided to Plaintiff limited Plaintiffs remedy to repair and/or replacement of the defective parts, the vehicles defects have rendered the limited warranty ineffective to the extent that the limited remedy of repair and/or replacement of defective parts failed of its essential purpose pursuant to Fla. Stat. 672.719(2) and/or the above remedy is not the exclusive remedy under Fla. Stat. Section 672.719(f)(B). When a limited warranty fails its essential purpose, any jimitations of remedies is void ab initio. Therefore, Piaintiff may seek any of the remedies available under the UCC against Defendant. As a result of the vehicle’s defects, Plaintiff has lost faith and confidence in the vehicle and Plaintiff cannot reasonably rely upon the vehicle for the ordinary purpose of safe, efficient transportation. All conditions precedent prior to bringing this action have occurred have been performed or have been waived. 1267. Privity of contract exists between Plaintiff and Defendant BMW of North America, LLC by the following: a. Defendant BMW of North America, LLC enters into sales and servicing agreements with its authorized dealer that are located in numerous counties of the state of Florida including its authorized agent dealership Vista Motors of North Broward. b. Defendant BMW of North America, LLC requires its authorized dealers to display BMW of North America, LLC’s logo on each dealer’s sign outside the dealer including its authorized agent dealership Vista Motors of North Broward. c. Defendant Manufacturer BMW of North America, LLC requires its authorized dealers to display BMW of North America, LLC’s logo on the uniforms of authorized dealer’s service personnel including its authorized agent dealership Vista Motors of North Broward. d. Defendant Manufacturer BMW of North America, LLC requires its authorized dealers to display Manufacturer BMW of North America, LLC’s logo on the repair records that are given to authorized dealer’s customers as receipts for service to their vehicles including its authorized agent deaiership Vista Motors of North Broward. e. Defendant BMW of North America, LLC requires its authorized dealers to seek authorization for performing repairs pursuant to Defendant BMW of North America, LLC’s warranty including its authorized agent dealership Vista Motors of North Broward. f. Defendant BMW of North America, LLC makes the final decision as to if repairs are covered by Defendant BMW of North America, LLC warranty including its authorized in Viota Matnes af Nacth D. Up ¥ isla Iv0L01d Ul INULUL agant da agent Gt 13. Defendant BMW of North America, LLC reimburses its authorized dealers for repairs covered by Defendant BMW of North America, LLC’s warranty including its authorized agent dealership Vista Motors of North Broward. Defendant BMW of North America, LLC requires its authorized dealers to document repairs on repair invoices in a method prescribed by Defendant BMW of North America, LLC including its authorized agent dealership Vista Motors of North Broward. Defendant BMW of North America, LLC provides its authorized dealers with specific limitations on the amount of time its dealers may seek reimbursement for specific warranty repairs to a vehicle including its authorized agent dealership Vista Motors of North Broward. j. Defendant BMW of North America, LLC requires its authorized dealers provide its customers with Manufacturer’s BMW of North America, LLC written warranty when a new vehicle is sold by Defendant BMW of North America, LLC authorized dealer including its authorized agent dealership Vista Motors of North Broward. k. Finaiiy, Defendant Manufacturer BMW of North America, LLC ciosely controis and supervises every authorized dealer through a system of zone offices that is set up to monitor dealership located within each respective county of the State of Florida including its authorized agent dealership Vista Motors of North Broward. |. Defendant Manufacturer BMW of North America, LLC provides its authorized dealers with repair manuals and service bulletins to repair vehicles manufacturers and/or distributed by Defendant BMW of North America, LLC including its authorized agent danlae ava in Wieta Matare af Nacth Den Up ¥ Ista LVAULUL5 UF 1NOTUL DIO 14m. Defendant Manufacturer BMW of North America, LLC fully controls all authorized dealerships including its authorized agent dealership Vista Motors of North Broward. 68. The express warranty made by Defendant were part of the “basis of the bargain” of Plaintiffs transaction with Defendant and its agent on or about October 21, 2017 in leasing the subject vehicle as that term is used in the Uniform Commercial Code and are presumed to be a part of the contract between Plaintiff and Defendant. 69. At all times, Defendant expressly represented and warranted to Francis Aloyisius McMahon by an through statements made by Defendant or their authorized agents or sales representatives, orally and in publications, package inserts, warranty, and other written materials intended for purchasers and the general public that Plaintiffs subject vehicle is safe and effective for personal use. 70. Plaintiffs vehicle fails to conform to Defendant's express warranty pursuant to Florida Statute 672.101. 71. Plaintiff's has made repeated demands for Defendant to cure any defects and non- conformities with the subject vehicle. 72, Piaintiit has complied with aii reasonabie terms and conditions imposed upon Piaintiff by Defendant. 73. The subject vehicle aforementioned defects still persist and continue into the future. 74. Due to Defendant’s failure or refusal to honor its obligation to Plaintiff under its Express warranty, Plaintiff has and will continue to suffer damages including diminished value and costs to repair the defects and non-conformities. 75. As a result of Defendant’s breach of the express warranty as set forth above and Defendant’s failure to honor its obligations under its warranty, Plaintiff has and will continue to 15suffer damages as enumerated above including diminished value and cost to repair the above- referenced defects. 76. As a proximate result of the abovementioned breach of express warranty by Defendant, Plaintiff suffered economic and non-economic loss and will continue to suffer such harm, damages and loss into the future of including diminished value and cost to repair the continuing defects. WHEREFORE, Plaintiff prays that judgment be entered against Defendant BMW of North America, LLC (Manufacturer): (a) For damages in the amount of the difference between the value of the vehicle as promised and the depreciated value of the vehicle. (b) For the difference in value of the vehicle as promised and as actually delivered. (c) For actual, incidental and consequential damages. (d) For costs and interest. (e) For equitable rescission of contract. (f) For such other relief this Court deems appropriate. WHEREFORE, Plaintiff prays that judgment be entered against Defendant Manufacturer BMW of North America, Li (a) For damages in the amount of the difference between the vehicle as promised and the depreciated value of the vehicle. (b) For the difference in value of the vehicle as promised and as actually delivered. See Florida Statute 672.712. (c) For actual, incidental and consequential damages. (d) For costs and interest. 16(e) Equitable Rescission of contract Hibiscus Associates Ltd. v. Board of Trustees of Policemen and Firemen Retirement System of the City of Detroit, 50 F.3d 908 (11th Cir. 1995). Bland v. Freightliner Llc, 206 F. Supp. 2d 1202, 1206 (M.D. Fla. 2002). (f) For such other relief as this Court deems appropriate. DEMAND FOR JURY LRIAL NOW COMES Plaintiff Francis Aloyisius McMahon by and through his attorney, Lemon Law Group Partners PLC and hereby demands a trial by jury in the above cause LEMON LAW GROUP PARTNERS PLC /s/ Rachel Cichowic Esq. 3323 NE 163" St Suite 504 North Miami Beach FL 33160 Florida Bar No 0092307 Attorney for Plaintiff Francis Aloyisius McMahon Phone (888) 415-0610 Facsimile (888) 809 7010 17Exhibit A Exhibit Aalors ee eam tns fm | eassearata sees at Fat) egh tee ba | Ob aN talon tf ave DP TIO Sipsdy vainargts) pate vaet pata feito} espe Byes Raegp saute | epips tye Od aovad op side aoe sawiniin) } oes ta) eso pda yd se uC) 4} gh Besar Buy] pain | AUVUpO YD Katy OF arsed 9] 9494 ein for Keaatpipy Oper aasticn, : a eiomanton unaen) Sons yt Ay pd pus Suture v} Launony Ay poyswuapt Ayeaytoats eyan | ysoproqy puerkog uw pux AsdAtsp «2;27794 sy J9 scz1 sy) Te pouing> 9 een GU BAD SEADIUAY BUUNE] “Buta Gh $82jun Aq paruouny i as9(rad '( sresuddy Busser}, se oy pasizjar fj2sns0jj09 29 [pegs su3e ast) 273d 20 ayes a5) wom eueuy & 0) Seca] sasuonn pv en samen 8 eG 3} 30 sawursn Jo} jesoudde paso ureigo wouues aq JT aapIO Ep ARES poeiem 2q 1012789 wosreuitin JO ] ous Safeach “Auris “souoU asus inocem soIeacr Aa Omeurcin pstacD 94 11e4s J9psO siyi “wiowaasdy 9505] & aunast9 o1 peg SusNIsRD pYROGS “S301 nay poo qunowy 201 U3ET wz ait war Rai pooper te wunowy Us ED wry of aeoHy NIA orn Wx eaurarivas 244 paruouiny (09° 00S ‘00° 000€ 1509 vondaoyj asta" squEKOL prey sIunOUIY [eUOTPPY te) Aucdwwoo sours ¢ yur v oF 32peogy Aq paudisse Ajaperpaunat og jie4s “2 ff it fieGF “apCH Aq Sunum us parcorput astsusyio ssoqun Sowosn pus sojeoq uaanieg possi 2y, or wsuiaai3y sseo7 ou ‘sonst pry way Sursueurs 2027 aygrsasry ann UTEIGO| on a1ge 3q Aut souroisny pue Buysoot}> g1auioysn9 Jo Ain Suioueviy € 49 FEC, incnny Hutsucuty asta] 30} aMuesiw Kew sawHoIM Urasoy UNOS mUMOGE a wy, 6 Atur YOY IOI poz mides oy 2onpas of jusuLted W 40 PU Lod; an itd Aauoub auimbse Atur pu 839} uonieodstp “sionpeand Arc]jouw “32y DOUsInPoe ‘ureiuoD ose Kew! wsuisaaTy asta] oy} “$29105 IUTUI pu jipals «s>uLo;st-) fg a>un0 Tueutre ‘50. A ow 33 1235 Due nsopaudsaizo Suis pus Zoroueuy aay a fepicasd oy eoteascaog Sutos axiaaay Aeus 32409q (1H) pu Y2]e2q HIN parenodsa aq Aru 3119 be Jo asco ayn soy yuswi22ige asco aut or yuencind yusuted aseey AK 2 (1) ae spuRrSiepuN ose sowoIsND "uauDasy aser] aGl 157 99 {[eys s9UO}sND WOK 01 SoNpaID a 9q Kaun [eYs Yor (s21rI1T 40 anEA FEp ‘womouny © 99 fae Sue Rute 2A noes "Biven op o1saisoa ja ve epueiueD ‘Epa ois0%s urs e'sb HEARN ww lop UEWLORN e002 ei ‘Winey OporLon wise wed wansetn| v9 an onb upereuLoH SopDiyan Op SaopEMRO wed END) ‘oes 2 oeavos oun uy suoisioxd Arenuoo Aue Sepusano wo} MOpKaM O49 UO LOREULIOR TEED ANA 10 Ved 8} 872I404 SR 40} ULI} MOPUIM OY UO 999 NOA LOTEWLO Gay “OpIND suallNg 72 Fas/| fosaid op wud ‘ey copes Win ‘wononpad 09 parifede> 30, pue 1809 uondaouy aseory spunnoy parjddy Aunby 2pea 3N TT OT waaaenD | 3 “1800 a7r1VANdVD TVLOL WASVHDUNd SNOIATUd V OL GTUIANTIG S¥a\ STOUTIA SLL! a un03siq Jor S2UEKOHLY pOUMO-Dhy vin 7 saaaaial Witt Lo). 4 ERI poy, i oegp Ang iaimaseyntas “Sjogyas 25%jo ‘qeaezey pease ‘uusa1-Hoys 499U9) © Atsnosaasd sem 2721994 SH, SH EST TRAST UT STSOTTAS— | AUNSOTISIG ISA IIDINFA NORIA & AL NON) $204 28u99"7 pur uoNEAS!So4 "21 EPUOLT {Kuo S105 MON) ay waUI2.H0;uy ATE, — ME] VOUT xa Annoy 904 Kouta PIOY PROT 7 994 OULL MON FPUOLL "Sis 9 01 porysl suimoep Fauna pow sj Susie pox Runways . Seas 1 pre so ay 7p 49 OF jax! pur S00 RoR SEP LL TE*9fT 904 Buypry uonenstBoy o10on2913 00°02 00°668 eAouady Bey 2100 9904 donURg Asasrspang eOOONB eS | Fe ‘seo pure seam OF anp sourusmTew post Jou ‘sumopyrasg frorurypou J2]ys You Tum *52]914>8 poem fe 24 “21INIAA YL MR Wow 1OW s2op ospe 1 AeUTEN sean Powwulisap sf 91994 au JL DoUIe|AND A/My Good Hy “Ae! Kieem SUT MCTTD SUL “192A om Jo oIes Su WatM BoRroUUOD WL Auge ATE Mi Jos sumsee ©) Douiad Aue s27u0Wve Jou Here 25quIIN Gu “snodund FRAN & 105 wea 20 Amqrumypsss Jo Kisesren poxdun Are Hurpeysuy “poe duny 20 svaadea apr) ssonueaten qe suspsrp Apsasdea Aqaiog wopeag pur aman kine meg ./SLINVA TIV HALA Pet ST SV. FORE] $F BA FM “OPIND WEA) BL} “oputm 941 Ho th9y 498 aspwIoMHO se Adaaxg -pouH|Sap sey pea “ot op cr Kurmaado| ‘ue parayo w2oq sry ZaUOISND 40 NONITISHES sAUHOIAD Ns W PCR ISHN snp UBALD 159) Sey soWOIND ImP soTpoy MoT sy suey “Lesooq> Uno gusuiojn9 Jo vosiod © Aq pasado aoa, ayn ancy cy sasus2oeue ‘zyrM ose Aru JowOIN ‘os Op op ssmIOIMN sodemasc 2IEIq IN Poe O0"0906S ASOD AZITVLIAVD TVLOLENS Asoisty Sa}9r4>, stp Soypresas wonraONN sperasd on Myred-pary e Crs ke 24 ip spursipun JowosnD ‘amsoastp Yans Aire SyCUI OF BORTTyqo Iq) aUry 33]TS> | 's20p Jou '2fUQ sR 01 JOU ssSeurP pouTEysNs 2249 30m sty 30 Sey Hf FE (11) 30 ‘oIempA amp Jo Aunqeims Jo warss Avsses “souruaquma so meds soud “voHT=s09| 00 S26 Bag boy ‘Gaorsry axp Supe (¥) siyeag Jo wade aw Aq apr was $y vonMzasaAL fou rey s23poynouyse 13 Corse RpReA HN Seq comraesaats POC BG SPOT MOREE ‘Aqatoy somoisn5 aL) TotuRUEM Jo S2UITDOIP FOOT 49 PUNE wu st cre sdoumounuviy SUL dounisesmuety ogy Ait Pass yrO om? asm EWE BIYE wF TUES sonmetyen dio sun orgy oun Jo smog oan ite GoruoS va Seo parRNaT | Sela Ssre5 Popa Oo seTEs 3IptHaA JO 39H Ys STROH GZ) BOWVHO FOVAIN SS3IOXA UVEAUId SIT OQ" OT XVLSMd —TE"ZOT ° E ua “TSNUL-ITSININ SIOTRUIS WISHRATT — ANvaNOO asva1 20 ssaxho yD SapMELEN [e suPEPYP Keaudre fqag syed “SLIAVAl STV HLA, Pee St-Sy posto} $1 >[2NF arqNaax9 Jo sorenrONTD “Moa aq] AWASOTISIT TIONCIA AAAI ANT ONY OWA LAVAS ba SRLREBOCTSIGNTYEN | PE gut xyes Tw aunt vosuaevan| WOVE TRG, ObFT=ctgc gs) | oret ra TR Hay TOES oo*ucutd nssfucytasay BMD Fey wo], oF | aE] rae WR, AWS LS2H)3ANNN SN ESS, wn vact7ez7eu | RCHVIQH SATSAO TY SISNVY a on gual super he uwsten in POLITE LOT gn UV ISS I UCESOVE VIO MACNO USVI UVR aR er ie AY SUuoLoOl ‘aSIAN’ WOT MWGUISIAAUAN 2011S QOAL AWNOVLSIA (999) coor TOL, 0022-SC6 (bso) SpueMaug CLOCS Ta H9GID INUOIOD PUOY ods “A\ boremee] weil jive you tatca the pend cay? Of purchase, ‘we gwe you twice the amount of he ciference bark. SLR eof ST ap pe Ee TT SSE lah 26 Lola Wun tefwaalnatinaier iy ieee Subarnieiindiaatineginuy tg russe grants spay ro fe i) ss ur soe ed eek pop Peete ney) apn beet payout xsem nts oper ‘pet Suton " iL on fupec Seong soeeaee Te Rio edo po per Ronn os G mon a a et 34g poruoyiny a oe [a9 NIA Pa ay wae sib 20}, poy TW rR waren hq pazuopay: __ MAL PoD wroury er nz \ Tay | STRESS-FREE ! ONE CARD. MANY BE With te tree? ‘ 29d much ere % ap jonah Be 34 Supt wun atipayaoncyon pad opaaeapa by sucht Teel AEH 1 dopa a, a4 da fo Kou ele ee ae S32]89q) pu ue ABATE 49/9124 N10 sum SIN oes Sisaicad POLULE $0 EC 9 IY asta] oun sopun pris Sogn eYS gory (1310319 10 otros cy USNs Ajpicmpounar ay 7109 Nise | ‘wouishpad 09 pa7ijm ide TopaN vin t Yuta writoo ose dra tA | 2BuM 42m Tuowe ‘yo tA Lon patie “uss | Benue ou oraud Keaton fue sopuano we ncpum ag vo Vere oon $809 vondaou1 95607 SPUENOL Plt SIMOUIY |CUOIITPY eed opens ty nop soos oa Sayeed Y ‘s22U018n-) ets Ze amin ne Sh v9 yoRadarp coca cise ua Cap ESSIEN 1403814 fop oud wiusch erongan oury tied Cane ppeLIONN F) ‘TopEEN SovD|yDn Ep sosopedCD BIS Eyp| GoISapaN 09 PSRRRIES Topo : : $9509 wopdaouy ase spzeiay patiddy dab pes ny var 2 ane Ose {UCU arte ree a ee Lt 41809 G3ZT1VLIaVD TVLOL MASVHOUNA SNOLARIA VOL epraArrad cue sao coi wre = uawERSND: spuioysn; Tanoosi dof aouenoITy pauno-aig ~ WAR 2 vit “Gras poog 28097] JOLY VO pang sourreg yo-Key peat | 40 eoyjdas 1p] 49pyf8 "ymqas *y>eq-Ang zaarasenuTUS “aportaN sonod *qeanrey ‘eas 7 ‘wu2}-v0Ys sq}u9) # Apsnoysasd sem 2psmyay yy SU EVT TMS TT MT PSS TOY —| MINSOTISIC ASN FTDINAA UOTUE or7 Congest, mon) 590g sruaor pas uonensidey oni mot U7 ano BRN, (Aug s8e9 nay) py nawonN;Eg hue — APY wou] 204 Araned POV peo ¥ 224 an ON FPO soit ntwana yaepoeanapa cows ee ee Te*9et wo 00°02 00°668 WW OSOBS OUETE ed SBN Posn sre ay “29m24 axp Fei urauH Jom ESOP osfe Hf “Krein $207 Eemaoesnuryy portant #40 poten ev u terp sanestpey in “oeoree poe ee, yay senueiaen tw sumpsip Airuaidia Aqaiay sayeog poe Aatesee hee vee | | SEINVd TIV HLM PuE St sv, Postal 5) SPEPA tetp “(2pMH quatngy tun)! +924 Bang vopensing sonsery | MOPEEN 29 LO RHOS wt asIMEIIO SE found Sey sean | SH WOAUP S94 Seq AouiOIND IR sop, ROIS apy mmo) “Zuno0g3| Reo Ssauoisny Jo wosiod © Xq payrodsin apR24 a4) aAey oy syesULsToEY 1924 2210098 Assunspaig | ayeur osje. Aeut soweisn3 “0s op or Awol saemoscs BTEC IT por Azoisny 5.212149 axp Suipredas wow Ty GU 4809 G42 VLA TVLOLANS | xp spueyscpun AWOIN “amsopsip __} may 20 0 Aararsins 10 wr2y 894 boy |Gowny ap Sumuedas (1) syeaq go made Aw hq 9pru uao4 sry COMMA! Ca TER sadpalwowrjoe owen “Assy £21142, 2y Suypudan uoseosontas ‘Aue open you sey J9e2q pur stato £q wasup 4 Hand ua9q sry 2}37494 posT AL, 7 auasoigsia aT9nras aasa —_ 231 Pur srax 01 anp aourusyurem pasa s00 “sunopryeaig prorarposes s2t7a8| Moora “pauysop sey pue ‘os op cr Amuso Paro weed sty JowoIn 40 uonsessHeS SEMEN asl Wf PCE a>—PA| tar SOyts “Sona ieaa 30 aredas zouad “woprpas| J ev siete top tri 8 uonmuuioj0} apes-any AMffie, opgrirene {a} Agaioy sowown> a4) wonuerm 50 soe) Say So eran Seca san infos ate erty Sees permet |e ay tantly 20 Ath 313192430 aug yseD [40 SSaUdKD apa “sopIM WIN ied OC WT £3579) wooryoe, WP RDrwet SY porsye tou +} Aurmasem RARELY Pitt saenoajeumry oun hg paige ons ame arora try 1 fan de Jo suueen paydicy cue Tupnour poxtan, ‘smWEMp Keaidia kang aeaa Siva = —- (SHA BAUTQO ao soTERSUOMIDD M30 mal L SOS UG AIONIAA 3.119949 NY OWI EWAN 9Z°O 3DUVHO SDVAT SSIOX3 UVIAUId SIU 000 Or on BHD SyReeaorisasvewen | xvi SMd TH'ZOZ 2 a veya = TSI VIN SITS WTI Anvanoo asvn|___ asaya Xe BIN ofS dvoau asvat Hovad Wivg | osrT-2iq¢Tae) | oret-2 1g (ts udp I TOES Oa-uouTa-vssgucyrasay Ewmeuers sain 1 sun VY USRNTZT BRT 8, 8400 | sorrel zevee | anal ROLY 8208, | 7 AVA IS2UI3ANN SN SEE 1 ase vws a iil - Paet7e27E0 T Notinon SHESAU Ty S138 wr | 2 I cst) MAGNO ASV VLA = cn WOT MUQLIZIA TAMA FONSQOAL cele nue AY Vii=} — AMWWAVLSIA (999) 9003 WoL SUoLoly ry | | loll 1701 11 ka. 2022-500 (bS6) seman ISIK ; 7 ek ELOCE T4 OAID INUODZD BH . oO OfduuDS “Ay LORECi xhibit BNew Vehicle Limited Warranty 2018 BMW 3 Series, The Ultimate 5 Series &7 Series Driving Machine”Owner/Driver Information: Name Address Owner/Driver Telephones: Business Home Model BMW3 Series, 5 Series & 7 Series Year 2018 VIN Retaii/in-Service Date Trim Code Production Date. Color Code License Plate Number BMW Center Telephone Numbers: Offices ServicesTable of Contents Page 2018 Model YearVehicles «1.1.0... ccc eee eee eee 1 Overview CEBMW Limited Warrantles oe eee eee eee eee eee eee 4 New Vehicle Limited Warranty for Passenger Cars and Light Trucks — 2018 Models (Valid Only in the U.S.A. including Puerto Rico) ... 2... 2... eee 2 Warrantor .. 6... eee ee eee Warranty Begins ... 6... 00. e eee eee Warranty Period ...... 000. e ee eee Warranty Coverage .. 6... eee 2 Safety Belt Warranty — KansaS . 0.0... cee ee eee 2 High-Voltage Lithium-lon Battery Limited Warranty (330e, 530e*, 530e xDrive* and 740e xDrive) . 0... ee eee 2 OtherlteMs .. 6. eee eee 2 Gemeralt ttt ee EE Tt tat tei le tet tald Gt Iaido tall lat 3 Limited Warranty — Rust Perforation 2018 Models Whatisnotcovered...:.::::::rrsrsrisssae: Federal Emissions System Defect Warranty (Valid Only in the U.S.A. including Puerto Rico) ........ 2... cee eee eee eee 5 Whatis notcovered.... cc eee eee eee 6 General... ee eee ne eee 6 “General .”. California Emission Control Warranty Statement* Your Warranty Rights and Obligations Manufacturer’s Warranty Coverage: ..... Owner’s Warranty Responsibilities: ............ 0000 e ee California Emission Control System Limited Warranty* ...........000 eee eeee 10 Whatis not covered... 6. cece tee eee tee eet 12 General... cee eee eee ee ete nee nee eee 12 California Emission Warranty Parts List... 0.6... eee ee 13 2018 Model Year TZEV Vehicles ........ 0.0 cece cece eee teeta nnee 24 California Emission Warranty—TZEV 1.1... cece 24 California Emission Control Warranty Statement TZEV* Your Warranty Rights and Obligations ............2.20 20 eee eee eee 24 Manufacturer’s Warranty Coverage: 0... eee ee ete eee eee 24 Owner’s Warranty Responsibilities: 0.0... 0... eee eee 25 California Emission Control System Limited Warranty TZEV* ...........000008 25 Whatis not covered... 6 cece ete ee teen teen e ee 27 General... cee cece e eee teen eee eee anee 27 Tire Warranty Statement ........2.-0- 00 eee eee eee eee 27 12 Volt Battery Care* 2.0... cies 28 High-Voltage Lithium-lon Battery Careand Repairs «1... 2.0.00. c eee eens 28Page Corrosion Protection ........ 0. eee eects 28 Restoring corrosion protection 2... 6. cc eee ee ee 29 Underbody maintenance .. 0... ccc eee eee 29 Gasoline Engines — Fuel Quality . 29 Diesel Engine — Fuel Requirement ........ 0.0 ce eee eee eee eee eee 29 Notice 2.2... ccc eee eee eee 31 Correcting, Updating or Changing Vehicle-Related or Ownership Information ..... 31 Exporting YourBMW Vehicle ...... 00. cece eect eee eee eee eens 31 Customer Assistance Information ...... 000. e eee eee 32 Customer Assistance — Notification 2... 0... ccc eee 32 BBB AutoLine ........ 0.2. e ee eee 34 CaliforniaResidents ......... ro Speciai Programs ............ BMW Roadside Assistance ..... BMW Roadside Assistance Smartphone Application. .......... Owner's Eligibility... 0.0... eee Getting-Started eet ete ete ete ete ete 37 Calling For Assistance .. 0... cee eee een eee 37 Services eee eee eee eens 32 Dispatch Serica ee ee eS ete re teehee ret 38 On-Site Assistance 6... ee ett eee 38 Foek-Out eee esate tetera tC tot Eek 38 Towing Service 6 ee ete 38 Sign-and-Drive . 1... eee teen eee 39 Trip Interruption Benefits ©... 6... ee eee ee eee 39 Car Rental Discounts... 6... ete teens 39 EXCIUSIONS 6. eee teen eee teen ene 392018 Model Year Vehicles Series Body Style Models 3 Series Sedan 320i, 320i xDrive, 330i, 330i xDrive, 340i, 340i xDrive, 328d, 328d xDrive, 330e Sports Wagon 330i xDrive, 328d xDrive Gran Turismo 330i xDrive, 340i xDrive 5 530i, 530i xDrive, 540i, 540i xDrive, M550i xDrive, 5 Series Sedan 540d xDrive , ’ 740i, 740i xDrive, 750i, 750i xDrive, 7 Series Sedan BMW ALPINA B7 xDrive, M760i xDrive, 740e xDrive [5 Series TZEV | Sedan [ 530e, 530e xDrive Overview of BMW Limited Warranties Months New Vehicle Warranty 48 Celene Omi Rust Perforation Warranty 144 12 years/Unlimited Miles Federal Emission Warranty en te] -All Emission Related Parts 24 eee 000 -Specific Control Devices i 8 years/80,000 Miles c nia ia Emi ian Control ' Warranty* -All Emission Related Parts 36 Beton Oem Ulery -Specific Control Devices 84 7 years/70,000 Miles -TZEV Vehicles** 180 SERV embelORe Onis) Mileage 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 150,000 *The California Emissions Control System Limited Warranty applies to all 2018 U.S.-specification BMW vehicles registered in California, Connecticut, Delaware, Maine, Maryland, Massachusetts, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Vermont or Washington. **The California Emissions Control System Limited Warranty also applies to 2018 TZEV models registered in Delaware, Pennsylvania and Washinaton. The TZEV models reqistered in California, Connecticut, Maine, Maryland, Massachusetts, New Jersey, New York, Oregon, Rhode Island and Vermont have different emissions warranty coverage. The BMW limited warranties apply only to U.S.-specification BMW vehicles and cover eligible warranty repair or replacement work when the warranty service is performed at an authorized BMW center in the United States (including Puerto Rico), subject to all applicable exclusions and/or limitations.New Vehicle Limited Warranty for Passenger Cars and Light Trucks — 2018 Models (Valid Only in the U.S.A. including Puerto Rico) Warrantor BMW of North America, LLC (BMW NA) warrants during the Warranty Period the 2018 U.S.- specification BMW vehicles distributed by BMW NA or sold through the BMW NA European Delivery Program against defects in materials or workmanship to the first retail purchaser, and each subsequent purchaser. Warranty Begins Coverage begins on the date of first retail sale or The Gate the VEnICIé IS firSt Placed Into Service as asales demonstrator, Aftersales Mobility Program (AMP) Vehicle or company vehicle, whichever is earlier. Warranty Period The warranty neriod ig 48 months or 50,000 miles, whichever occurs first, except as noted below. Warranty Coverage To obtain warranty service coverage, the vehicle must be brought, upon discovery of a defect in material or workmanship, to the workshop of any authorized BMW center in the United States (including Puerto Rico) during normal business hours. The authorized BMW center will, without charge for parts and labor "(including diagnosis), either iepair Of replace the Getective partis) using Hew or authorized remanufactured parts. The decision whether to repair or replace said part(s) is solely the prerogative of BMW NA. Parts for which replacements are made become the property of BMW NA. In all cases, a reasonable time must be allowed for warranty repairs to be d hy the Warranty repairs do not constitute an extension of the original limited warranty period for the vehicle or a part thereof. Safety Belt Warranty — Kansas Safety belts are covered under the BMW New Vehicle Limited Warranty for defects in material or workmanship for a period of 10 years, unlimited mileage from the date of purchase. In order to be eligible for this coverage, the vehicle must be a new car retailed in the State of Kansas and the repair performed by an authorized BW center in Kansas. High-Voltage Lithium-lon Battery Limited Warranty (330e, 530e*, 530e xDrive* and 740e xDrive) BiviW of North America, LLC (BIMW NA) warrants the high-voltage lithium-ion battery assembly against defects in materials or workmanship for a period of 8 years/80,000 miles, whichever occurs first. Battery performance and durability, including high-voltage lithium-ion batteries, is temperature-dependeni. While battery capacity increases in higher temperatures, colder temperatures will lower the battery’s capacity. Extreme high and/or low temperatures may impact the battery’s service life. *Based on the state of registration, 530e and 530e xDrive vehicles may have different High-Voitage Battery Limited Warranty coverage; please refer to the TZEV section beginning on page 24. Other Items Wheel alignment, balancing and wiper blade inserts are covered un to the first 2.000 miles on the vehicle. Items which are subject to wear and tear or deterioration due to driving habits or conditions, such as brake padsi/linings, brake discs, clutch disc, pressure plate, fi ilters, upholstery, trim and chrome items, p: f 9) ly defects in material or workmanship.Additionally, wood trim and leather upholstery have inherent variations in color and texture, dependent upon being properly cleaned and maintained. These items may lighten or darken due to age or exposure to sunlight; this is not a defect in materials or workmanship. Battery performance and durability are temperature-dependent. While battery capacity increases in higher temperatures, colder temperatures will lower the battery’s capacity. Evtrama hinh andinr Inui tamnaratitrac maw DAU CIne Migr aruor tw Wrniperauuies may impact the battery's service life. Whatis not covered: Remote control transmitter battery replacement. Damage, including consequential, which results from negligence, misuse/improper operation of the vehicle, improper repair, lack of or improper maintenance, environmental influences, flood, accident or fire damage, road salt corrosion, or the use of improper fuel as described in the Owner's Manual or contaminated fuel. Damage to the engine, transmission or any ralatad d comnonent ca oat iscad d hy it imnroner s! chifti of the transmission. Damage to the paint finish due to stone chips, nicks, dents, acid rain, industrial fallout, other environmental influences, and normal deterioration, such as fading, discoloration, or loss of luster, i improper care/repair of “matte” paint finishes, as weli as damage caused by lack of maintenance, excessive rubbing, the use of improper cleaners, polishes and/or waxes. Maintenance services and parts when replaced during maintenance such as spark plugs (gasoline engines only), lubricants, fluids, engine tune-up parts, reolacement of filters, coolant, and refrigerant. Modification of the vehicle or installation of any performance accessories or components attached to the vehicle which alters the original engineering and/or operating specifications or which results in damage to the other original COMPOTSNS, HSCtrical MteTTETeNce, electtical short, radio static, water leaks and wind noise. Tires are warranted by their respective manufacturer. See the Tire Warranty Statement on page 27. Driving over rough or damaged road surfaces, ae dohric eurhe and athar nhetacloe PAS US, CUS GI CLIICE CN SLUCIES can cause serious damage to wheels, tires and suspension parts. This is more likely to occur with low-profile tires that provide less cushioning between the wheel and the road. Be careful to avoid road hazards and reduce your speed, especially if your vehicle is equipped with low-profile tires. Non-genuine BMW Parts — While you may elect to use non-genuine BMW parts for maintenance or repair services, BMW NA is not obligated to pay for repairs of the non-genuine BMW parts or for repairs of any damage resulting from the use of non-genuine parts. TI nis Waitanty shi iat be Tun aii ia voia toi Specitic vehicle components that were previously replaced with used or salvaged automobile parts, including repairs of any damage resulting from the use of these parts. This warranty shall be null and void if the odometer has been replaced or altered and the {rue Mileage ON the venicie cannot be determined, and/or the Vehicle Identification Number (VIN) is altered and/or cannot be determined. This warranty shall be null and void if the vehicle has been declared a total loss or sold for salvage purposes, or if the vehicle has been used in any competitive eveni. General These warranties give you specific legal rights, and you may also have other rights which vary from state to state. THE DURATION OF ANY IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, IS LIMITED TO THE DURATION OF THE EXPRESS WARRANTIES HEREIN.BMW NA HEREBY EXCLUDES INCIDENTAL AND CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF TIME, INCONVENIENCE, OR LOSS OF USE OF THE VEHICLE, FOR ANY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, INCLUDING THE IMPLIED WARRANT