Topic: Strange engine noise

[articsteve]

Without a BMW insider to ram this repair thru the system you are at the end of the road.

You could roll the dice and try a bluff.  You could send BMW Canada a formal letter of complaint indicating the issue.  You would indicate if they fail to act you will commence a small claims court action.  Of course you would be one of thousands who have threatened small claims court action in the last decade or two.

Then you would need to actually file the small claims court action after you determine which County to file it in and who exactly are the defendants.     Then you wait and see if you get a call.  If not, prior to the hearing date you will need to withdraw.  You might end up paying BMW $500. for costs.

You withdraw because your chance of success is ZERO.  First there is the issue of this having a US warranty.  Then of course who is your expert witness?  Is he BMW certified and if so how long ago?  How much is he gonna cost ya?  BMW will send an automotive engineer or two who are expert in giving evidence. 

Your entire claim centers on something that has yet to occur; that it may occur in the future.  At best, the Judge would advise you to re file when the motor does blow up.

The most effective action is to use removable paint and plaster "LEMON" on the side of this Z car and park outside a Bimmer store.  Believe me the dealer ppl will come out and speak with you and just might move this along.

Pics would be great. 

     

[mmret]

Hahhaha steve not sure I'm ready for that just yet.

I dropped by the dealer after work and talked to the guy. Amazingly he seemed sincere. Its been brutally hot lately so perhaps that has something to do with it. Suggested that I leave the car there for a week when its cooler and we start it every day, one tick and its off to the races.

Coincidentally we are off to Chicago for a week in late July. Will try that.

The guy also mentioned that if it was getting closer to the end of the warranty he'd just go and file the paperwork straight away.



OR I could just ditch the car in two years or so and get a G37. I hear the VQ is pretty solid.

[Careener]

AS - why the defeatist attitude?
The tsb + revised part + a mechanic testimony would more than suffice.

[articsteve]

Small Claims Court is for claims/damages where the plaintiff's monetary loss is in black and white; "I paid X amount and received nothing and I have a written contract to prove it".

Where is the "warranty contract" in this despute; back in the USA?  Was it only implied that BMW Canada is legally responsible for warranties issued in the USA.  Upon sale of this  vehicle did BMW Canada issue a written warranty with this vehicle?  Me thinks NOT.   

This valve train noise is an argument over a possible future loss to the plaintiff; a physical loss to the plaintiff that has yet to occur.  There are no damages at this point in time.

It all comes down to due diligence like so many other transactions in life.  Live and learn.

 


   

[mmret]

A friend has a 350Z (coupe). That cubbyhole on the sans-Nav version is truly a quality control joke.

Not sure about the new one.

[articsteve]

Funny how ppl's perceptions differ.  I think that storage space is fantastic.

[mmret]

350Z is just not my style. Neither is the 1st gen G35 really (the one with the "I'm shocked!" headlights)

[Railton]

I hear ya about the Winters - I've started looking for a used 18" set already.
Railton