Welcome to Bimmerfest -- The #1 Online Community for BMW related information! Please enjoy the discussion forums below and share your experiences with the 200,000 current, new and past BMW owners. The forums are broken out by car model and into other special interest sections such as BMW European Delivery and a special forum to voice your questions to the many BMW dealers on the site to assist our members!

Please follow the links below to help get you started!

Go Back   Bimmerfest - BMW Forums > The Best of Bimmerfest! > Dealer Feedback / Vehicle Problems

Dealer Feedback / Vehicle Problems
Have you had an exceptionally great experience with a particular BMW Center? Have you had a bad experience at your BMW Center? Frustrated by problems or defects with your vehicle? Post your stories or comments here.

Reply
 
Thread Tools Display Modes
  #1  
Old 07-19-2012, 09:22 AM
James33 James33 is offline
Registered User
Location: Memphis
 
Join Date: May 2006
Posts: 6
Mein Auto: 2003 330Ci Convertible
Warranty work denied because of painted brake calipers

My wife's 2008 M Coupe warranty was ending due to time (4 years in July of 2012). Her car had 34,570 or so miles on it. I took it in to Roadshow BMW in Cordova, TN to have a final once over to make sure nothing needed to be done before the warranty expired. This was on the 11th or 12th of July.

They looked the car over and repaired a sticky volume control button on the steering wheel and replaced the trunk latch mechanism under warranty. They also checked brakes (as is noted on the work order/receipt I got). The car got a clean bill of health and I was sent on my way. Brakes were working perfectly before taking it in – I have never had any issues mechanically with the car.

I drive the car home and when I pull into the garage the left front brake is smoking. The wheel is so hot I can’t touch it. I noticed no pulling or anything strange on the way home.
I take the car back the next morning. They look at it and call me to tell me they need to replace the caliper (and rotor, pads, etc) but can't do it under warranty because there is paint on the caliper.

Calipers were painted when we bought the car (used from a dealer in NJ). Calipers/brakes have never been off the car to my knowledge as it's never required new pads or any work.

I met with the service manager at Roadshow and he states he cannot warranty it so I call BMWNA Customer relations and they say the same thing. So I ask for her manager and get a call Monday July 16.

Elizabeth from customer care calls me back on Monday July 16 and we go around in circles yet again. She stated that it could be several days before a decision was made - something about going through several departments/channels??? I explained my side of the case, the Magnuson-Moss Warranty Act, and that I was a loyal BMW owner with 3 cars currently.

As of this week the M coupe is no longer under warranty (it expired the 16th or so). I'm now waiting to see what happens - the car is still at Roadshow BMW. This is absolute absurdity - paint on a caliper would no more cause it to fail than a coating of dirt or a sticker.

Any advice, people to contact, letters to write, etc. would be most appreciated!
Thanks
James
Reply With Quote
Ads by Google
  #2  
Old 07-20-2012, 11:27 AM
James33 James33 is offline
Registered User
Location: Memphis
 
Join Date: May 2006
Posts: 6
Mein Auto: 2003 330Ci Convertible
Bump for anyone? Still no word from BMW NA or the dealer....
Reply With Quote
  #3  
Old 07-21-2012, 07:49 PM
RockChips RockChips is offline
Officially Welcomed to the 'Fest
Location: Location
 
Join Date: Jun 2012
Posts: 631
Mein Auto: 2008 X5 3.0si
Why did you paint your calipers?

I'm sorry, but it sounds like you brought this on yourself.
Reply With Quote
  #4  
Old 07-21-2012, 08:14 PM
crowz's Avatar
crowz crowz is online now
Officially Welcomed to the 'Fest
Location: Alabama
 
Join Date: Oct 2006
Posts: 4,034
Mein Auto: 2000 323i, 97 528i
Quote:
Originally Posted by RockChips View Post
Why did you paint your calipers?

I'm sorry, but it sounds like you brought this on yourself.
He quite clearly states they were painted when he bought it.
Reply With Quote
  #5  
Old 07-21-2012, 08:30 PM
RockChips RockChips is offline
Officially Welcomed to the 'Fest
Location: Location
 
Join Date: Jun 2012
Posts: 631
Mein Auto: 2008 X5 3.0si
my bad, there is a lot of text there.
Reply With Quote
  #6  
Old 07-21-2012, 09:51 PM
crowz's Avatar
crowz crowz is online now
Officially Welcomed to the 'Fest
Location: Alabama
 
Join Date: Oct 2006
Posts: 4,034
Mein Auto: 2000 323i, 97 528i
Have to agree its a bit long
Reply With Quote
  #7  
Old 07-22-2012, 07:27 AM
UncleJ UncleJ is offline
Officially Welcomed to the 'Fest
Location: Silicon Valley
 
Join Date: May 2006
Posts: 6,501
Mein Auto: '06 X3
Playing the devil's advocate for a minute. The part that failed (the caliper) was "modified" -- i.e. painted. Therefore, it was not "stock" and the mfg. will not accept warranty claims on "modified" equipment.
Reply With Quote
  #8  
Old 07-22-2012, 04:02 PM
Campfamily's Avatar
Campfamily Campfamily is offline
Officially Welcomed to the 'Fest
Location: Southern California
 
Join Date: Sep 2010
Posts: 1,215
Mein Auto: 2008 550i
Quote:
Originally Posted by UncleJ View Post
Playing the devil's advocate for a minute. The part that failed (the caliper) was "modified" -- i.e. painted. Therefore, it was not "stock" and the mfg. will not accept warranty claims on "modified" equipment.
only if it can be proven that the modification caused the failure. Thank the M-M act for that.
__________________
2008 550i, Carbon Black, Black Dakota, 6MT, Sport Package, Nav, Logic7, Comfort Access, Cold Weather, Folding Rear Seats, iPod
Reply With Quote
  #9  
Old 07-23-2012, 08:07 AM
UncleJ UncleJ is offline
Officially Welcomed to the 'Fest
Location: Silicon Valley
 
Join Date: May 2006
Posts: 6,501
Mein Auto: '06 X3
The M-M act has helped in many ways -- most importantly in allowing after market parts and equipment to be used in lieu of propriatary stuff with out warranty penalty. However "modification" of existing parts is in my opinion outside the scope of the M-M. Proving it of course might be as simple as -- "the caliper failed" "the caliper was modified by painting". That said, BMW might fix it under "goodwill" since it is a minor part and a reasonable person might conclude that painting really didn't affect the operation.
Reply With Quote
  #10  
Old 07-23-2012, 08:57 AM
Technic's Avatar
Technic Technic is offline
Test... 1, 2 ,3
Location: Florida
 
Join Date: Jun 2002
Posts: 4,774
Mein Auto: 2012 M3 - 2014 528i
Sticky calipers are often the result of harsh wheel cleaners eating up the piston seals. Painting the caliper exterior will not do anything to the actual piston/sliding mechanism, unless somehow paint got into those moving pieces.

Unfortunately, the modification -caliper painted- is on the malfunctioning part and it will be open for interpretation... dealer interpretation. So unless you want to take this to court and invoke MMWA and let a judge interpret it -good luck- then I would say, bite the bullet and fix it yourself.

Quote:
Originally Posted by James33 View Post
My wife's 2008 M Coupe warranty was ending due to time (4 years in July of 2012). Her car had 34,570 or so miles on it. I took it in to Roadshow BMW in Cordova, TN to have a final once over to make sure nothing needed to be done before the warranty expired. This was on the 11th or 12th of July.

They looked the car over and repaired a sticky volume control button on the steering wheel and replaced the trunk latch mechanism under warranty. They also checked brakes (as is noted on the work order/receipt I got). The car got a clean bill of health and I was sent on my way. Brakes were working perfectly before taking it in – I have never had any issues mechanically with the car.

I drive the car home and when I pull into the garage the left front brake is smoking. The wheel is so hot I can’t touch it. I noticed no pulling or anything strange on the way home.
I take the car back the next morning. They look at it and call me to tell me they need to replace the caliper (and rotor, pads, etc) but can't do it under warranty because there is paint on the caliper.

Calipers were painted when we bought the car (used from a dealer in NJ). Calipers/brakes have never been off the car to my knowledge as it's never required new pads or any work.

I met with the service manager at Roadshow and he states he cannot warranty it so I call BMWNA Customer relations and they say the same thing. So I ask for her manager and get a call Monday July 16.

Elizabeth from customer care calls me back on Monday July 16 and we go around in circles yet again. She stated that it could be several days before a decision was made - something about going through several departments/channels??? I explained my side of the case, the Magnuson-Moss Warranty Act, and that I was a loyal BMW owner with 3 cars currently.

As of this week the M coupe is no longer under warranty (it expired the 16th or so). I'm now waiting to see what happens - the car is still at Roadshow BMW. This is absolute absurdity - paint on a caliper would no more cause it to fail than a coating of dirt or a sticker.

Any advice, people to contact, letters to write, etc. would be most appreciated!
Thanks
James
Reply With Quote
  #11  
Old 07-23-2012, 03:13 PM
Dave 330i's Avatar
Dave 330i Dave 330i is offline
The King of Common Sense
 
Join Date: Jan 2002
Posts: 68
Send a message via Skype™ to Dave 330i
Mein Auto:
Quote:
Originally Posted by RockChips View Post
Why did you paint your calipers?

I'm sorry, but it sounds like you brought this on yourself.
...Calipers were painted when we bought the car (used from a dealer in NJ)....
__________________
Everybody is a genius. But if you judge a fish by its ability to climb a tree, it will live its whole life believing that it is stupid. Albert Einstein

Swim upstream. Go the other way. Ignore the conventional wisdom. If everybody is doing it one way, there’s a good chance you can find your niche by going exactly in the opposite direction", Sam Walton.
Reply With Quote
  #12  
Old 07-25-2012, 05:42 PM
timsev timsev is offline
Registered User
Location: USA
 
Join Date: Jun 2011
Posts: 65
Mein Auto: BMW
The calipers on the Z4M are a slide caliper and if paint got on them or in them(the slides), then it COULD cause a sticking caliper. If the previous owner rattle canned them, paint could very easily get into the slides. Did it cause the caliper to stick? Well that's up to the dealer inspecting it. I would just pony up the dough for a brake caliper or have an independant repair shop rebuild it and move on.
Reply With Quote
  #13  
Old 08-11-2012, 11:42 PM
ard ard is offline
Resident Curmudgeon
Location: CA
 
Join Date: Jul 2009
Posts: 9,120
Mein Auto: '12 X5 35d/E39M5/996TTX50
Quote:
Originally Posted by UncleJ View Post
The M-M act has helped in many ways -- most importantly in allowing after market parts and equipment to be used in lu of propriatary stuff with out warranty penalty. However "modification" of existing parts is in my opinion outside the scope of the M-M. Proving it of course might be as simple as -- "the caliper failed" "the caliper was modified by painting". That said, BMW might fix it under "goodwill" since it is a minor part and a reasonable person might conclude that painting really didn't affect the operation.
Your interpretation is incorrect.

The 'modification' MUST cause or contribute to the failure to be a cause for denial.

Just having "been modified" isnt enough under MM.

(Otherwise, BMW could deny warranty coverage if you debadge, right? )

OP- the critical thing you need them to do is say WHAT SPECIFICALLY ABOUT THE PAINT CAUSED THE FAILURE. They will most definitely not want to get specific. They know that they simply deny, and you have little recourse. but try.

If they refuse, have it done elsewhere, then file a small claims case against them (BMWNA) - they'll never fight it, you'll win...then settle.

One question- did a BMW DEALER sell this to you with painted calipers?

A

PS Here is the other thing- the dealer COULD have made the call that this was warranted- that the caliper WAS painted but that the paint was not a cause of the lock up (assuming they cannot present a cogent argument that it DID cause it). But they decided to screw you.
__________________
Keep it as simple as possible...but no simpler.
Reply With Quote
  #14  
Old 08-12-2012, 07:42 AM
UncleJ UncleJ is offline
Officially Welcomed to the 'Fest
Location: Silicon Valley
 
Join Date: May 2006
Posts: 6,501
Mein Auto: '06 X3
I stand by my interpertation -- that the MM does not cover modification of OEM parts -- but the use of after market products that meet OEM specifications. I do not believe that painting the caliper caused it to fail, but I can see how BMW -- which will be looking for a reason to deny the coverage -- might say that. I also believe that if called on it, they may well decide to cover it since it is a minor part under "goodwill".
Reply With Quote
Reply

Bookmarks


Forum Navigation
Go Back   Bimmerfest - BMW Forums > The Best of Bimmerfest! > Dealer Feedback / Vehicle Problems
Today's Posts Search
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On



Forum Jump


All times are GMT -7. The time now is 07:57 AM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
© 2001-2011 performanceIX, Inc. All Rights Reserved .: guidelines .:. privacy .:. terms