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Dealership says lowering car voids warranty

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Old 11-03-2005, 12:44 PM
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I think you should go to another dealer. But I couldn't resist posting this pic:
Attached Thumbnails Dealership says lowering car voids warranty-nelson_ha_ha.jpg  
Old 11-03-2005, 12:50 PM
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I get everything done by my dealer (except chippin') as he is the best!

sorry for you BRO.

not true just force them to proof why??
Old 11-03-2005, 02:16 PM
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Originally Posted by ats77' date='Nov 3 2005, 04:50 PM
I get everything done by my dealer (except chippin') as he is the best!

sorry for you BRO.

not true just force them to proof why??
[snapback]193098[/snapback]
The problem is that it is the owner may have to end up proving that the after-market item did not cause the problem or that the dealer did not have proof that it did. And, that is a difficult and expensive path to go down. All the dealer has to do is assert that they have proof that the after-makret part caused the problem to get the customer to acquiesce or to go down that nasty path.

I also get all after-market work done at my dealer--which is Dinan certified. I think you are way ahead of the game if your dealer does the work. If nothing else, your dealer should inform you if they percieve a potential problem with an after-market item, even in the middle of an installation, and find out if you want to do or to continue with the installation. I always ask my dealer if a problem is likely to develop and to let me know if anything comes up during an installation that might signal a potential problem.
Old 11-03-2005, 02:26 PM
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Originally Posted by ipse dixit' date='Nov 3 2005, 06:41 AM
But in the original poster's message his problem is with his brakes (and sensors).? This has nothing to do with him lowering the car -- which is a suspension issue.

Unless BMW can prove that the suspension system is causing the brake sensor to malfunction -- unlikely to nearly impossible -- BMW cannot disclaim his warranty request.
[snapback]192800[/snapback]
Well, BMW CAN prove it. Trust me.

Also, just think about the very complex system in the car... DSC is monitoring all wheels. Brakes and suspension have something in common... They are on the same wheel, the wheel gets monitored by sensors for DSC, ABS, maybe ARS and other stuff.

Do you really think this problem has nothing to do with the fact the car was lowered?



It is very realistic to say, that the problem HAS to do with the lowering.
Therefore, the warranty is voided, BMW has nothing to do with it.
Old 11-03-2005, 02:31 PM
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Originally Posted by Iceman' date='Nov 3 2005, 06:26 PM
[quote name='ipse dixit' date='Nov 3 2005, 06:41 AM']
But in the original poster's message his problem is with his brakes (and sensors).? This has nothing to do with him lowering the car -- which is a suspension issue.

Unless BMW can prove that the suspension system is causing the brake sensor to malfunction -- unlikely to nearly impossible -- BMW cannot disclaim his warranty request.
[snapback]192800[/snapback]
Well, BMW CAN prove it. Trust me.

Also, just think about the very complex system in the car... DSC is monitoring all wheels. Brakes and suspension have something in common... They are on the same wheel, the wheel gets monitored by sensors for DSC, ABS, maybe ARS and other stuff.

Do you really think this problem has nothing to do with the fact the car was lowered?



It is very realistic to say, that the problem HAS to do with the lowering.
Therefore, the warranty is voided, BMW has nothing to do with it.
[snapback]193146[/snapback]
[/quote]
To clarify, the warranty is not voided, right? Its just that BMW does not have to honor its warranty on the problem that arose because of the after-market work.
Old 11-03-2005, 02:35 PM
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Originally Posted by donv' date='Nov 4 2005, 01:31 AM
To clarify, the warranty is not voided, right? Its just that BMW does not have to honor its warranty on the problem that arose because of the after-market work.
[snapback]193147[/snapback]
Yes and no...

The warranty IS voided on the suspension and ALL stuff that is affected by it!

Now that is the problem here. BMW can claim that the malfunctioning sensor is malfunctioning because of the suspension, what causes errors in the system. If they do so, and obviously they do (and IMHO they are right), you can't do anything about it, unless you can PROVE that the suspension has NOTHING, ABSOLUTELY NOTHING, to do with it!

But since the new suspension is aftermarket and not BMW, YOU have to show PROVE, not BMW.
Old 11-03-2005, 02:37 PM
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Originally Posted by Iceman' date='Nov 3 2005, 06:35 PM
[quote name='donv' date='Nov 4 2005, 01:31 AM']To clarify, the warranty is not voided, right? Its just that BMW does not have to honor its warranty on the problem that arose because of the after-market work.
[snapback]193147[/snapback]
Yes and no...

The warranty IS voided on the suspension and ALL stuff that is affected by it!

Now that is the problem here. BMW can claim that the malfunctioning sensor is malfunctioning because of the suspension, what causes errors in the system. If they do so, and obviously they do (and IMHO they are right), you can't do anything about it, unless you can PROVE that the suspension has NOTHING, ABSOLUTELY NOTHING, to do with it!

But since the new suspension is aftermarket and not BMW, YOU have to show PROVE, not BMW.
[snapback]193149[/snapback]
[/quote]Edited: Almost exactly, IMO. See my post above for similar thoughts. But, I think that BMW is obligated to "prove" (i.e., "demonstrate"--see quote below) that the after-market part caused the problem if taken to court. In court, the best-bet for the person seeking warranty coverage is to be able to prove that the after-market item did not cause the problem because, as you have said before, BMW will have a good argument that the part did cause the problem. I think that BMW's need to "prove/demonstrate" if taken to court is implied by the law as follows:

""This does not preclude a warrantor from expressly excluding liability for defects or damage caused by such "unauthorized" articles or service; nor does it preclude the warrantor from denying liability where the warrantor can demonstrate that the defect or damage was so caused."

Where are the attorneys when we need them? ~{;^)
Old 11-03-2005, 02:45 PM
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Originally Posted by Iceman' date='Nov 3 2005, 03:26 PM
[quote name='ipse dixit' date='Nov 3 2005, 06:41 AM']
But in the original poster's message his problem is with his brakes (and sensors).? This has nothing to do with him lowering the car -- which is a suspension issue.

Unless BMW can prove that the suspension system is causing the brake sensor to malfunction -- unlikely to nearly impossible -- BMW cannot disclaim his warranty request.
[snapback]192800[/snapback]
Well, BMW CAN prove it. Trust me.

Also, just think about the very complex system in the car... DSC is monitoring all wheels. Brakes and suspension have something in common... They are on the same wheel, the wheel gets monitored by sensors for DSC, ABS, maybe ARS and other stuff.

Do you really think this problem has nothing to do with the fact the car was lowered?



It is very realistic to say, that the problem HAS to do with the lowering.
Therefore, the warranty is voided, BMW has nothing to do with it.
[snapback]193146[/snapback]
[/quote]


Well, if BMW can prove it, then sure the warranty is voided.

But that's the kicker, BMW needs to actually prove it. It is not enough simply to surmise that (as you phrase it) it "is very realistic to say, that the problem HAS to do with the lowering."

I've actually installed aftermarket springs on an E60. You don't necessarily change/alter the brakes/rotors or sway bars on the car when putting in new springs or shocks. Unless BMW is going to take the position that simply removing and putting back an OEM part voids the warranty, of course ...
Old 11-03-2005, 02:48 PM
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Originally Posted by ch7656' date='Nov 2 2005, 04:45 PM
In OC...who is the dealer...Irvine, Crevier, Sterling??
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Crevier.
Old 11-03-2005, 02:49 PM
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Originally Posted by ipse dixit' date='Nov 4 2005, 01:45 AM
But that's the kicker, BMW needs to actually prove it.
[snapback]193152[/snapback]
NO !


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