[kylejdavidson]

Originally Posted by gmzanatta

Correct. Just called my guys and it's not for Canada either (yet anyway).

By BMW rules, North America only includes the USA.........also the main reason they're doing this is that the fix for some cars has slipped into November already, so people are getting pissed.

EDIT: by the way, the disclosure form is awful and I would absolutely refuse to sign it. You essentially are taking on all of the liability and BMW is relinquishing any liability and ownership of the issue if you pick it up before the fix - i.e. if your diff blows up and sends a piece of shrapnel up your ass, you're on your own.

If they had offered it to me I would have said no and kept the loaner.

While I hate the way they've handled this, the disclosure form is not a release of liability form. You're simply signing a document that states BMW has disclosed that you know the diff parts will wear prematurely and that it will have to be replaced. In no way, shape or form does this release BMW from liability if there is indeed any risk of a failure which may cause harm. It would be completely different if you were signing a release.

Having said that...its complete BS that they held cars for this and now are releasing them in the same condition they were previously deemed undeliverable.

[kylejdavidson]

According to BMWNA, all the pressure the New Jersey Execs put on Germany made them finally relent and start releasing cars. Obviously the customers made their voices heard loud and clear. Just shouldn't have taken this long. Feel bad for the rest of the world though, my guess is after this BMW will be forced to relent on additional countries as this will be used as precedent. What a mess. Can't wait to drive this car and try to forget it ever happened!

[gmzanatta]

Originally Posted by kylejdavidson

While I hate the way they've handled this, the disclosure form is not a release of liability form. You're simply signing a document that states BMW has disclosed that you know the diff parts will wear prematurely and that it will have to be replaced. In no way, shape or form does this release BMW from liability if there is indeed any risk of a failure which may cause harm. It would be completely different if you were signing a release.

Having said that...its complete BS that they held cars for this and now are releasing them in the same condition they were previously deemed undeliverable.

Read the form and then we'll chat The wording puts the onus on the owner for driving a car with known issue and absolves BMW of damages caused by that part if it fails prior to repair.

[kylejdavidson]

Originally Posted by gmzanatta

Read the form and then we'll chat

So you're saying that you've seen the form and it is different than the body of disclosure form that is posted in the bulletin? If so, can you post a copy?

[Benzima]

Originally Posted by gmzanatta

Read the form and then we'll chat The wording puts the onus on the owner for driving a car with known issue and absolves BMW of damages caused by that part if it fails prior to repair.

Wow! This is getting even funnier

[gmzanatta]

Originally Posted by kylejdavidson

So you're saying that you've seen the form and it is different than the body of disclosure form that is posted in the bulletin? If so, can you post a copy?

I've seen it but don't have a copy, BMW Canada is handling things differently and has not cancelled the stop delivery here yet.

If/when I get my hands on a proper copy (keep in mind this is a USA document only) I will for sure post it. I'm guessing a US member will likely beat me to the punch though.

The body of the bulletin is in there, but it's not everything.

EDIT: there was a member on the main forum thread I believe that was told BMW would take no responsibility if he took delivery of this car, maybe 1-2 weeks ago and everyone called BS on it, and granted his dealer's wording wasn't great, but all-in-all that is the gist of it.

EDIT #2: by no means should anyone take my opinion as fact. If they want to sign the form and are comfortable with the wording, go for it, but please just make sure you are fully aware of what you're getting yourself into.

[PackPride85]

Originally Posted by kylejdavidson

While I hate the way they've handled this, the disclosure form is not a release of liability form. You're simply signing a document that states BMW has disclosed that you know the diff parts will wear prematurely and that it will have to be replaced. In no way, shape or form does this release BMW from liability if there is indeed any risk of a failure which may cause harm. It would be completely different if you were signing a release.

Having said that...its complete BS that they held cars for this and now are releasing them in the same condition they were previously deemed undeliverable.

I wouldn't be so sure without seeing the release form. I'd be surprised if they were to release a bunch of cars to customers with potential differential failure which could lead to an accident w/o absolving themselves of liability.

[kylejdavidson]

Originally Posted by PackPride85

I wouldn't be so sure without seeing the release form. I'd be surprised if they were to release a bunch of cars to customers with potential differential failure which could lead to an accident w/o absolving themselves of liability.

They already have tons of cars out there with this problem. In any case, I'm sure someone will post the full disclosure form here any hour now and it'll put all the speculation to rest one way or another.

[i010336]

Copy of disclosure form ...

[gmzanatta]

Originally Posted by i010336

Copy of disclosure form ...

Thanks! This is not the form I saw, glad they took the other writing about damages out.

[Glounk]

So with this signed, you'd better not drive your car?

[jtodd_fl]

This is the real reason it took so long... lawyers. Lawyers take forever to do anything - especially if they are outside counsel paid by the hour.

[2M]

So I spoke to my salesguy, he said that my car has been released from port to the carrier, and it is dealership bound , without getting fixed. It had been scheduled for a fix at port on 9/1, i guess not anymore. He said fix would be performed at a later date in the dealership. ?

[gmzanatta]

Originally Posted by Glounk

So with this signed, you'd better not drive your car?

Given the information provided, I would say it is fairly safe to do so, unless you plan on putting 10-15K miles on your car before the repair haha

[gmzanatta]

Originally Posted by 2M

So I spoke to my salesguy, he said that my car has been released from port to the carrier, and it is dealership bound , without getting fixed. It had been scheduled for a fix at port on 9/1, i guess not anymore. He said fix would be performed at a later date in the dealership. ?

Why not hold it there the extra week and get it done? Seems weird to me, as you're likely going to wait much longer for parts to arrive at the dealer.

But then again, you get your car earlier!

[jtodd_fl]

Originally Posted by 2M

So I spoke to my salesguy, he said that my car has been released from port to the carrier, and it is dealership bound , without getting fixed. It had been scheduled for a fix at port on 9/1, i guess not anymore. He said fix would be performed at a later date in the dealership. ?

Wow... surprised. Seems strange - must still be a major part shortage. This is the least efficient remedy.

[reppucci]

Originally Posted by i010336

Copy of disclosure form ...

Seems fairly benign to me. I guess the only liability, if you wish to call it that, is that if you never return the car for a new diff you can't say you were unaware and then blame BMW for giving you a defective diff!

I suspect this would be the same language which will be sent out in the likely future "recall/campaign" to other m diff vehicles already delivered, in the "wild", and not reading forums!

[kylejdavidson]

Originally Posted by jtodd_fl

This is the real reason it took so long... lawyers. Lawyers take forever to do anything - especially if they are outside counsel paid by the hour.

Yep. Was thinking this same thing. Always the lawyers.

[jtodd_fl]

Originally Posted by kylejdavidson

Yep. Was thinking this same thing. Always the lawyers.

Decision to act: 1 day
Legal approval to act: 3 weeks 6 days

[kylejdavidson]

Originally Posted by i010336

Copy of disclosure form ...

Thanks! Well that settles that.

[Artemis]

Originally Posted by Ex-MINI

So this stop delivery release does not appear to be global. Just posted in the UK thread about this, and someone called their dealer to get their car released. But they were informed that this is a BMW NA decision only?

Originally Posted by gmzanatta

Correct. Just called my guys and it's not for Canada either (yet anyway).
By BMW rules, North America only includes the USA.........also the main reason they're doing this is that the fix for some cars has slipped into November already, so people are getting pissed.

Inquired with my dealer about my car's status regarding the rear diff issue that triggered Technical Action (TA) #0033990100 of July 19, 2016.

My car is a EURO spec M2 (1H91) - 6MT - April 2016 build:

"According to the information that you made available, this TA would possibly be/become applicable for your car.
Currently, this [TA] has not been filed yet for your car.
We can perform this task on your car as soon as this or another TA becomes available.
We will follow this up for you."

So my car is in the clear for now and I may drive it until further notice by BMW.

[2M]

Originally Posted by gmzanatta

Why not hold it there the extra week and get it done? Seems weird to me, as you're likely going to wait much longer for parts to arrive at the dealer.

But then again, you get your car earlier!

I was hoping that it could have been repaired, Im currently on vacation for 2 weeks so it doesn't matter to me that the car is coming in earlier than expected.