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      07-09-2014, 07:25 PM   #1
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liability release form?

Hi errbody.. My 435i arrived at my dealership on the 6th, but couldn't be released to me because their diagnostic tool was down.. That was definitely depressing, but I could deal. Today, I get a call from my SA informing me that the tool now works but my car has a bad traction control module (or something to that effect), which will take 2-3 weeks to receive from Germany. I assure him that I don't need traction control and I will bring it in when they get the module, but naturally they don't want to be liable for releasing a potentially dangerous car to me.. Does anyone know if there is a liability release form for instances like this? I'm not sure how much longer I can take this wait.. I've already discovered the great escape of binge drinking.. By the way my dealership is being really cool about the whole thing, offering me money off my MPPK for my troubles, but i'd rather just sign a paper and finally get to drive this car!
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      07-09-2014, 07:39 PM   #2
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It's your car. I don't think they can not let you take it (I'm no lawyer though). Say you wanted to get another opinion. You have every right to take it to another repair facility. I know they may be concerned that the lack of traction control may cause you to have an accident, but if they tell you it isn't working, then it's your problem. After all, it really hasn't been all that long ago that no cars had traction control.
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      07-09-2014, 07:55 PM   #3
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Don't do no initial D drifting in the mountains and you will be fine.
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      07-09-2014, 08:02 PM   #4
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Quote:
Originally Posted by Philipangoo View Post
Don't do no initial D drifting in the mountains and you will be fine.


That's what I'm saying.. It's funny.. I had all these plans to get my break-in mileage over as quickly as possible and this happens...
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      07-09-2014, 08:12 PM   #5
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Quote:
Originally Posted by Philipangoo View Post
Don't do no initial D drifting in the mountains and you will be fine.
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Originally Posted by Vegetable View Post
That's what I'm saying.. It's funny.. I had all these plans to get my break-in mileage over as quickly as possible and this happens...
*runs into garage and starts up ae86*
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      07-10-2014, 12:02 AM   #6
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So, which is worse:

A) going out of your way to try to take delivery of a brand new car with defects instead of letting the manufacturer get it right, or

B) greeting the forum with "errbody?"

Just curious...
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      07-10-2014, 12:18 AM   #7
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Quote:
Originally Posted by chrisny View Post
So, which is worse:

A) going out of your way to try to take delivery of a brand new car with defects instead of letting the manufacturer get it right, or

B) greeting the forum with "errbody?"

Just curious...
Or C) Offering absolutely nothing to the narrative. Taking up just another useless chunk of cyberspatic real-estate.. My guess, you'd choose B.

Edit: shxt 2,223 posts since 2012.. you obviously have more time on your hands to think up a better comeback than me.. I'm not worthy... But, I hope you can find time in your 72-hour day to pray for my poor 435i

Last edited by Vegetable; 07-10-2014 at 12:33 AM..
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      07-10-2014, 08:20 AM   #8
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Quote:
Originally Posted by Vegetable View Post
Hi errbody.. My 435i arrived at my dealership on the 6th, but couldn't be released to me because their diagnostic tool was down.. That was definitely depressing, but I could deal. Today, I get a call from my SA informing me that the tool now works but my car has a bad traction control module (or something to that effect), which will take 2-3 weeks to receive from Germany. I assure him that I don't need traction control and I will bring it in when they get the module, but naturally they don't want to be liable for releasing a potentially dangerous car to me.. Does anyone know if there is a liability release form for instances like this? I'm not sure how much longer I can take this wait.. I've already discovered the great escape of binge drinking.. By the way my dealership is being really cool about the whole thing, offering me money off my MPPK for my troubles, but i'd rather just sign a paper and finally get to drive this car!
Let them get it right.
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      07-10-2014, 08:42 AM   #9
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Quote:
Originally Posted by Vegetable View Post
Or C) Offering absolutely nothing to the narrative. Taking up just another useless chunk of cyberspatic real-estate.. My guess, you'd choose B.

Edit: shxt 2,223 posts since 2012.. you obviously have more time on your hands to think up a better comeback than me.. I'm not worthy... But, I hope you can find time in your 72-hour day to pray for my poor 435i
Nice come back. Oh and Don't take delivery until it's perfect
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      07-10-2014, 08:55 AM   #10
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Quote:
Originally Posted by Vegetable View Post
Or C) Offering absolutely nothing to the narrative. Taking up just another useless chunk of cyberspatic real-estate.. My guess, you'd choose B.

Edit: shxt 2,223 posts since 2012.. you obviously have more time on your hands to think up a better comeback than me.. I'm not worthy... But, I hope you can find time in your 72-hour day to pray for my poor 435i
Really? My opinion was pretty obvious to anyone with a brain: it's silly to take a car you know is mechanically defective. We're not talking about a scratch they'll fix later for you. I actually was originally typing that, then realized it was redundant, but I don't expect people that use "words" like "errrbody" to have picked up on that. Wise-ass tone aside, I already gave you my opinion on the actual topic at hand.

In any event, good luck with the car.

Last edited by chrisny; 07-10-2014 at 09:11 AM..
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      07-10-2014, 09:01 AM   #11
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Quote:
Originally Posted by COKen View Post
It's your car. I don't think they can not let you take it (I'm no lawyer though). Say you wanted to get another opinion. You have every right to take it to another repair facility. I know they may be concerned that the lack of traction control may cause you to have an accident, but if they tell you it isn't working, then it's your problem. After all, it really hasn't been all that long ago that no cars had traction control.
It's not his car yet, and they have every right to hold delivery until it meets their quality standards.
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      07-10-2014, 09:02 AM   #12
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Quote:
Originally Posted by COKen View Post
It's your car. I don't think they can not let you take it (I'm no lawyer though). Say you wanted to get another opinion. You have every right to take it to another repair facility. I know they may be concerned that the lack of traction control may cause you to have an accident, but if they tell you it isn't working, then it's your problem. After all, it really hasn't been all that long ago that no cars had traction control.
Not until he signs on that dotted line it isn't.
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      07-10-2014, 09:26 AM   #13
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(i) Client signs liability waiver for defective BMW
(ii) Client drives said BMW from the lot
(iii) Client "vroom vroom's" said BMW
(iv) Client loses control of said BMW due to traction control defect
(v)(a) Client crashes said BMW into a tree
(v)(b) Or worse, client crashes into another vehicle
(vi)(a) Client sues BMW for allowing said client to leave with said BMW ('murica)
(vi)(b) The other party sues client and BMW for allowing said client to take possession of said BMW
(vii) Every new car purchase (BMW or other) has a warning on the windshield that reads "Warning: BMW may cause injury if crashed from known or unknown defects. BMW shall not be liable for any injury as a result of said defects, whether said defects are known or unknown".

Now, I am going to enjoy my very hot coffee that the cup so readily cautions me is very hot and may cause injury.
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      07-10-2014, 09:29 AM   #14
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Quote:
Originally Posted by chrisny View Post
Really? My opinion was pretty obvious to anyone with a brain, it's silly to take a car you know is mechanically defective. We're not talking about a scratch they'll fix later for you. I actually was originally typing that then realized it was redundant, but I don't expect people that use "words" like "errrbody" to have picked up on that. Wise-ass tone aside, I already gave you my opinion on the actual topic at hand.

In any event, good luck with the car.

So, which is worse:

A) ragging on a poster for a misspelling, or

B) responding with a poorly-written post that contains a punctuation error?

Just curious...

By the way, its errbody, not errrbody.
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      07-10-2014, 09:32 AM   #15
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Quote:
Originally Posted by sygazelle
Quote:
Originally Posted by chrisny View Post
Really? My opinion was pretty obvious to anyone with a brain, it's silly to take a car you know is mechanically defective. We're not talking about a scratch they'll fix later for you. I actually was originally typing that then realized it was redundant, but I don't expect people that use "words" like "errrbody" to have picked up on that. Wise-ass tone aside, I already gave you my opinion on the actual topic at hand.

In any event, good luck with the car.

So, which is worse:

A) ragging on a poster for a misspelling, or

B) responding with a poorly-written post that contains a punctuation error?

Just curious...

By the way, its errbody, not errrbody.
...in the club gettin' tipsy.
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      07-10-2014, 09:38 AM   #16
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Quote:
Originally Posted by chrisny View Post
So, which is worse:

A) going out of your way to try to take delivery of a brand new car with defects instead of letting the manufacturer get it right, or

B) greeting the forum with "errbody?"

Just curious...
Sure you didnt mean for B to be:

B) greeting the forum with "Hi..."

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      07-10-2014, 09:43 AM   #17
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Quote:
Originally Posted by chrisny View Post
It's not his car yet, and they have every right to hold delivery until it meets their quality standards.
Oops. Missed that. Sorry, then the OP is SOL and will need to wait.
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      07-10-2014, 09:45 AM   #18
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Originally Posted by OC40 View Post
...in the club gettin' tipsy.
IM DRINKING RUMMMMMM AND REDBULLLLLL
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      07-10-2014, 10:13 AM   #19
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Don't take delivery. Ask for a free loaner if you need a car.

If it turns out that the problem isn't easily solvable, do you really want to suffer with it for months and then have to go through a long and painful buyback process and end up losing money on the deal? If the dealer can't fix it, then they'll order you a new one and work it out with BMW but that's between them and BMW and you don't want to be in the middle of it.

Right now the car isn't your problem, it's BMW's problem. Once you take delivery it becomes your problem.
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      07-10-2014, 10:42 AM   #20
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Quote:
Originally Posted by sygazelle
Quote:
Originally Posted by chrisny View Post
Really? My opinion was pretty obvious to anyone with a brain, it's silly to take a car you know is mechanically defective. We're not talking about a scratch they'll fix later for you. I actually was originally typing that then realized it was redundant, but I don't expect people that use "words" like "errrbody" to have picked up on that. Wise-ass tone aside, I already gave you my opinion on the actual topic at hand.

In any event, good luck with the car.

So, which is worse:

A) ragging on a poster for a misspelling, or

B) responding with a poorly-written post that contains a punctuation error?

Just curious...

By the way, its errbody, not errrbody.
Wasn't a spelling error, it was intentional. I believe the kids call it slang, maybe you've heard of it? I don't "rag" on anyone posting on a forum or sending a text, etc for spelling or punctuation errors. This isn't an essay and I'm not his English teacher. That would be a douchebag thing to do. But you already knew that .

Super post though. Thanks for playing.
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      07-10-2014, 10:49 AM   #21
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Quote:
Originally Posted by chiefneil
Don't take delivery. Ask for a free loaner if you need a car.

If it turns out that the problem isn't easily solvable, do you really want to suffer with it for months and then have to go through a long and painful buyback process and end up losing money on the deal? If the dealer can't fix it, then they'll order you a new one and work it out with BMW but that's between them and BMW and you don't want to be in the middle of it.

Right now the car isn't your problem, it's BMW's problem. Once you take delivery it becomes your problem.
^ this.
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      07-10-2014, 11:06 AM   #22
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Quote:
Originally Posted by chrisny View Post
Wasn't a spelling error, it was intentional. I believe the kids call it slang, maybe you've heard of it? I don't "rag" on anyone posting on a forum or sending a text, etc for spelling or punctuation errors. This isn't an essay and I'm not his English teacher. That would be a douchebag thing to do. But you already knew that .

Super post though. Thanks for playing.

ur welcome.
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