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I think you are kidding yourself that Magnussen-Moss would really be effective protection. As I understand it, it is to protect warranty for areas unless they can prove the aftermarket part had some influence upon the failure - and the pre-existing warranty situation seems like explicit verification that adding performance parts DOES alter reliability (really kind of a no-brainer too - try convincing anybody that juicing up a performance car won't affect it's reliability). Even if you are legally in the right, legal fees to go up against BMW will outweigh the cost of the repairs. MM might help if they want to deny engine warranty because you have an aftermarket stereo amp, but not for a tune or a downpipe that directly alters the system in question.
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