In those states and jurisdictions that haveestablished periodic vehicle emissions tests toencourage proper vehicle maintenance andrequire the car to pass an emissions testapproved by the U.S. Environmental ProtectionAgency and:1. The car was distributed by BMW of NorthAmerica (BMW NA), or sold through theBMW NA European Delivery Program; and2.The car has been maintained and operatedin accordance with the instructions forproper maintenance and use set forth in theOwner's Manual supplied with the car; and3.The car fails to conform to the applicableemissions standards of the EPA as judgedby an EPA approved emissions test; and4.The failure to conform results or will result inthe owner of the car having to bear a penaltyor other sanction (including the denial of theright to use the car) under local state orfederal law if the non-conformity is notremedied within a specified period of time.Then, in accordance with the provisions ofsection 207(b) of the Clean Air Act, BMW NAwarrants that if the car is eligible for coverageunder this warranty, any non-conformities inthe car, which cause it to fail an EPA-approvedemissions test will, without charge for parts orlabor (including diagnosis), be adjusted,repaired, or replaced, at the option of BMW NAto proper specifications, in order to make thecar comply with applicable emissions stan-dards. The decision to adjust, repair or replaceparts is solely the prerogative of BMW NA andmust reasonably be expected to correct thefailure of the warranted part.This warranty begins on the date of first retailsale, or the date the vehicle is first placed inservice as a demonstrator or company vehicle,whichever is earlier. This warranty continuesfor a period of 2 years or 24,000 miles,whichever occurs first, except for specificemissions control components (as listed onpage 33), for which the warranty period is 8years or 80,000 miles whichever occurs first.This warranty is made subject to the terms andconditions that apply to the Emission ControlSystem Warranty and the New Vehicle LimitedWarranty.No claim under this warranty will be deniedon the basis of use of a properly installedEPA certified emission part for maintenanceand repair.A vehicle manufacturer may deny an emissionperformance warranty claim on the basis of anuncertified replacement part used in themaintenance or repair of a vehicle only if thevehicle manufacturer presents evidence thatthe uncertified replacement part is eitherdefective in materials or workmanship or notequivalent from an emission standpoint to theoriginal equipment part.Maintenance, replacement, or repair ofemission control devices and systems maybe performed by any automotive repairestablishment or individual using anycertified part.Immediately after the car has failed an EPAapproved emission short test, your claim canbe made at any authorized BMW center. TheBMW center will honor or deny your claimwithin the time period specified by local orstate laws (not to exceed 30 days), to avoidfurther penalties or sanctions. lf the claim isdenied, the BMW center will notify you inwriting of the reason(s). The BMW center isrequired by law to honor the claim if notice ofdenial is not received by the owner within thespecified time period.You may obtain further information concerningthe emission warranties, or report violations ofwarranty terms, by contacting the Director,Field Operations and Support Division(6406J), Environmental Protection Agency,401 "M" Street, SW, Washington, D.C. 20460.Federal Emissions PerformanceWarranty (Valid only in theU.S.A. and Puerto Rico)34
