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, 08:02 PM | #4 |
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07-09-2014, 08:12 PM | #5 | |
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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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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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07-10-2014, 08:42 AM | #9 | |
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Previously owned BMWs, 2014 428i Msport, 2008 335i Coupe, 2007 328xi sedan, 2002 325i sedan 1996 318ti (loved this little car) |
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07-10-2014, 08:55 AM | #10 | |
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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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07-10-2014, 09:02 AM | #12 | |
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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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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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07-10-2014, 09:38 AM | #16 | |
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B) greeting the forum with "Hi..."
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07-10-2014, 09:43 AM | #17 |
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07-10-2014, 09:45 AM | #18 |
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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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Super post though. Thanks for playing. |
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07-10-2014, 10:49 AM | #21 | |
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07-10-2014, 11:06 AM | #22 | |
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ur welcome. |
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