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      10-17-2012, 05:15 PM   #1
puffysheep
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Can You Deny Final Pickup in the US After ED?

Hey everyone,

I have a quick question.

Can you deny final delivery in the US from the dealer after doing the European Delivery?

I did Spetember 1st pick in Munich and dropped off the car at Munich on September 3rd.

My M5 was on Toronto and it's still at VPC waiting for an oil pump.

Also I've been talking to BMW NA about the missing side boster function and they are not offering much for all these inconveniences.

This gives me no real option other than to sue them if I were to take the finaly delivery once the car is released.

Btw, who would be interested in signing on if I were to take legal actions against the side bolster function missing?

Last edited by puffysheep; 10-17-2012 at 09:39 PM.
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      10-17-2012, 05:24 PM   #2
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I don't think you can refuse delivery because you have already paid for the car.

I also want compensation or seat replacement over the bolster issue, and ideally extended warranty to offset resale risk due to oil pump.
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      10-17-2012, 05:51 PM   #3
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I also got nowhere with the side bolster discussion. Was told no comp would be offered and that the US option list simply had a typo. So...what if the website said V8TT engine, and the car showed up with a 6 cylinder...would that be acceptable? I recognize the impact is exponentially smaller than that, but my point is that the website option list is the only tool we had to select our purchase. If inaccurate, then that's false advertising. No?
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      10-17-2012, 05:59 PM   #4
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To your original question, you cannot refuse re-delivery since title passed to you by the time you took delivery in Munich. Unfortunately, you own the car at this point.
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      10-17-2012, 06:52 PM   #5
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I would sign on over the side bolsters! I have gotten nowhere with BMWNA. They just keep saying the Same thing every time I call or email. "We will get back to you"!

As far as the oil pump, they have told me they will not do an extended warranty and are offering $1500, which I have not accepted.
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      10-17-2012, 07:18 PM   #6
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I plan to take legal action as well. Pm me if you want to discuss.
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      10-17-2012, 07:20 PM   #7
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Quote:
Originally Posted by Rob///M5 View Post
I also got nowhere with the side bolster discussion. Was told no comp would be offered and that the US option list simply had a typo. So...what if the website said V8TT engine, and the car showed up with a 6 cylinder...would that be acceptable? I recognize the impact is exponentially smaller than that, but my point is that the website option list is the only tool we had to select our purchase. If inaccurate, then that's false advertising. No?
Exactly
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      10-17-2012, 07:43 PM   #8
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Quote:
Originally Posted by BodyPlexM5
I would sign on over the side bolsters! I have gotten nowhere with BMWNA. They just keep saying the Same thing every time I call or email. "We will get back to you"!

As far as the oil pump, they have told me they will not do an extended warranty and are offering $1500, which I have not accepted.
Has your car been delivered or are they offering 1500 pre delivery?

What is the price of the extended warranty?
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      10-17-2012, 08:32 PM   #9
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That's crazy, but your situation sounds like a bit of an outlier based on other board posts. There's no way you should still not have your car after a 9/1 ED and 9/3 Munich drop. This is the worst of treatments I've read so far and it doesn't give me confidence on my own dealer redelivery date with pump redo for which i can gather zero information. I'd suggest a continued assault on BMWNA in NJ. Only they can provide answers and/or support/assistance unless you know someone higher up that you can call directly. Good luck.
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      10-17-2012, 08:59 PM   #10
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.[/quote]
Has your car been delivered or are they offering 1500 pre delivery?

What is the price of the extended warranty?[/quote]
I have my car, took delivery sept 7. On the 20th I was notified I was on the recall list and got my car back a few days ago.

I have asked for an extended warranty or $3000. They offered 1500 and said no to the warranty. I have not accepted the offer.

They have offered nothing for the side bolsters or the clunking sound with my rear springs!
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      10-17-2012, 09:49 PM   #11
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Quote:
Originally Posted by BodyPlexM5 View Post
I would sign on over the side bolsters! I have gotten nowhere with BMWNA. They just keep saying the Same thing every time I call or email. "We will get back to you"!

As far as the oil pump, they have told me they will not do an extended warranty and are offering $1500, which I have not accepted.
Wait, I am confused.

Are you saying BMWNA is offering $1500 in cash for the oil pump issue even if your car is not leased?

I thought that $1500 credit was for only those people who leased the vehicle to off set the 1st month payment on the car...

Anyways, I am really upset because this car is my 4th BMW and I don't think I will ever buy BMW after this.

Also, I don't use twitter but maybe I should start using that to make this issue more public!
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      10-17-2012, 10:08 PM   #12
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Same for me...pissed off about the side-bolster issue and got no where with BMW other than them saying it was a mistake. Well, what about 2 different .pdf postings on their website with the same revision date...one with 20-way listed and the other with 18-ways. When I made a stink about it - they asked what kind of compensation do I want. What kind of question is that?? I was so taken-back by it that I told the BMW NJ rep that I would have to consult with my attorney and get back to them instead.

Don't get me wrong...I do like the car but really irritated that BMW doesn't own-up to these things. Especially considering most of us here have been pretty damn loyal to them. But that .pdf document that a lot of us relied on ordering a 100K car sight unseen pisses me off. Posting a correction with the same date? Really BMW? Really?

Quite frankly, I considered telling them that if the 2014 M5 comes with the side-bolster seats...they take my 2013 lease back and give me the 2014 with the same lease at invoice cost. I don't know.

Since I am in travels right now - I haven't taken the issue up with my lawyer yet but will probably do so next week. However - if others here are doing something together - I may join in on that instead.

To think of this again just bugs me. Sorry.

As for the oil-pump issue, I did get an offer for 1500.00 but my car is a lease. Basically 1 month's payment. However - I have not seen the money yet nor have I heard anything about it since. I don't know how they would handle this but they probably figured since I said I would contact them back...it would get brought up again.
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      10-17-2012, 10:19 PM   #13
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Quote:
Originally Posted by Rob///M5 View Post
I also got nowhere with the side bolster discussion. Was told no comp would be offered and that the US option list simply had a typo. So...what if the website said V8TT engine, and the car showed up with a 6 cylinder...would that be acceptable? I recognize the impact is exponentially smaller than that, but my point is that the website option list is the only tool we had to select our purchase. If inaccurate, then that's false advertising. No?

I realize this is a touchy issue - also realize folks are frustrated. Just consider this - I'd want someone to tell me if I was starting to go a little crazy - and the comparison of 20 way and 18 way seats to v8tt to V6 - well.....

Its a fantastic car - those of you who have taken delivery already agree. How about enjoying it for what it is. I mean come on- a large company caught trying to pull a fast one - stop the presses! And as for this talk of litigation- that smells like bravado dialed up to 11. If you guys are gonna do something, stop masturbating together online and mount an offensive already. All this whining is getting old for the rest of us. It looks and sounds childish. With all the tremendous information and mutual help back and forth on so many different topics on this post, when did the moderators decide to allow this sort of crap to go on and on and on?

By the way, if you guys really believe BMW won't pull up some ultra fine print saying they have the right to change options, or they are not responsible for errors online (etcetcetc) and stick your complaint back up your a**, well, I don't know what to tell you. I promise I won't say I told you so, but I'll think it.

Shut up and drive. Life's too short.
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      10-17-2012, 11:02 PM   #14
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Quote:
Originally Posted by MakeEmDrool View Post
I realize this is a touchy issue - also realize folks are frustrated. Just consider this - I'd want someone to tell me if I was starting to go a little crazy - and the comparison of 20 way and 18 way seats to v8tt to V6 - well.....

Its a fantastic car - those of you who have taken delivery already agree. How about enjoying it for what it is. I mean come on- a large company caught trying to pull a fast one - stop the presses! And as for this talk of litigation- that smells like bravado dialed up to 11. If you guys are gonna do something, stop masturbating together online and mount an offensive already. All this whining is getting old for the rest of us. It looks and sounds childish. With all the tremendous information and mutual help back and forth on so many different topics on this post, when did the moderators decide to allow this sort of crap to go on and on and on?

By the way, if you guys really believe BMW won't pull up some ultra fine print saying they have the right to change options, or they are not responsible for errors online (etcetcetc) and stick your complaint back up your a**, well, I don't know what to tell you. I promise I won't say I told you so, but I'll think it.

Shut up and drive. Life's too short.
I believe most of the members here including myself have been holding back because we genuinely love and care about BMW as loyalists.

For weeks, I have been in touch with BMW NA to resolve this issue without involving the lawyers because I was hoping that BMW would do the right thing.

I don't know about other people but I wanted to keep this as low key as possible because I didn't want to harm the brand, which I have loved for more than 17 years.

However, BMW's attitude towards side bolster function missing combined with the fact that my car is still at VPC waiting for a pump totally infuriates me.

BMW claims that they strive for quality but the very definiton of quality is "exceeding customer expectation".

So how is advertising for 20 way adjustable seats and delivering 18 way adjustable seats exceeding customer expectation?

Also, how is my car which should have been delivered within 4-6 weeks from September 3rd still sitting at the VPC for a pump exceeding my expectation?

Additionally, just because companies have fine prints, is it okay for them to mislead consumers?

I assume you said life is too short because you are a doctor?

You probably deal with dying people everyday so I don't doubt you.

However as a GM, who runs mult-million dollar business unit, this is not how I run my business and treat customers.

As always is the case in business, legal action should be the very last resort to resolve a problem and that's why it has taken this long for me to make a decision.

After hearing what you have just said, I am really glad you are a physician and not a business man.

Let's just hope you don't run your own hospital or something...
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      10-17-2012, 11:07 PM   #15
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Wow - whatever dude. My mistake for trying....

Point of fact, I am a doctor - also point of fact - dips like u we have to take care of are the main reason doctors burn out after a while (ur not the only one who can throw out insults).
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      10-17-2012, 11:09 PM   #16
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Quote:
Originally Posted by MakeEmDrool View Post
I realize this is a touchy issue - also realize folks are frustrated. Just consider this - I'd want someone to tell me if I was starting to go a little crazy - and the comparison of 20 way and 18 way seats to v8tt to V6 - well.....

Its a fantastic car - those of you who have taken delivery already agree. How about enjoying it for what it is. I mean come on- a large company caught trying to pull a fast one - stop the presses! And as for this talk of litigation- that smells like bravado dialed up to 11. If you guys are gonna do something, stop masturbating together online and mount an offensive already. All this whining is getting old for the rest of us. It looks and sounds childish. With all the tremendous information and mutual help back and forth on so many different topics on this post, when did the moderators decide to allow this sort of crap to go on and on and on?

By the way, if you guys really believe BMW won't pull up some ultra fine print saying they have the right to change options, or they are not responsible for errors online (etcetcetc) and stick your complaint back up your a**, well, I don't know what to tell you. I promise I won't say I told you so, but I'll think it.

Shut up and drive. Life's too short.
Easy doc.

The comparison was exaggerated for effect. Where do you draw the line? A fellow owner had a car delivered mistakenly without HUD and was given a 6k refund. Who's to say which feature is more important than another?

As soon as members start bitching at each other, I'm out.

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      10-17-2012, 11:12 PM   #17
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Has anybody tried contacting a lawyer over these issues yet. I haven't decided yet if I will.

I think I may if the 2014 M5 has the adjustable side bolsters.

Oil pump issue doesn't bother me at all, unless my car ends up being stuck at the VPC for more than 30 days.

Anyways, I know an excellent lawyer that had fought many battles with BMW for me before. I could contact him and see if there would even be a case.

To me these issues are further exacerbated by the fact that in 10 months our 2013 M5's will be outdated.
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      10-17-2012, 11:13 PM   #18
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Quote:
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Easy doc.

The comparison was exaggerated for effect. Where do you draw the line? A fellow owner had a car delivered mistakenly without HUD and was given a 6k refund. Who's to say which feature is more important than another?

As soon as members start bitching at each other, I'm out.

Well said - my apologies to u. As for warren buffett up there -well nevermind.
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      10-18-2012, 02:43 AM   #19
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side bolsters? c'mon guys.. it's not a big deal and are you really going to care everyday that there are 2 less ways to adjust the seats? I've been waiting for NAV for my McLaren for a LONG time... now that's a big deal..

to the guy saying he's a GM of a multi-million business unit and ragging on the person that good thing he's a physician and not a businessman? What % of BMW around the globe does the M5 represent? Do you seriously think that the GM of BMW M division or even the BMW themselves would care? It's mice nuts. You can't please all your customers and reality is they don't care nor would any lawyer bother taking a class action that minor and be profitable unless they hit you up with a lot of fees up front and not on contigency. Good thing Mr GM is not running my business. BTW Mr GM, did you read the PO that you signed before heading to Europe???

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      10-18-2012, 07:25 AM   #20
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I understand why some of you are upset over the side bolsters ... the specs said 20 way seats so you were expecting to get them. There is an important fact to this debate that, at least for me personally, has made the difference between demanding compensation and chalking it up to a typo and just getting on with driving an otherwise fantastic automobile. This is not a case of BMW de-contenting to shave cost. It has been confirmed at this point that no F10s have adjustable side bolsters because the federal government has not approved a seat design that incorporates both the side air bags (located in the seats) and the mechanical components needed for side-bolster adjustment. Well guess which item won out ... the safety item.

Also, as another member posted in another thread on this topic, if this particular feature really was that important to you as an individual buyer, why didn't you confirm it's availability before making your purchase? This gentleman specifically asked about the feature despite what the literature said because it was an important feature to him. He learned pre-purchase that the adjustable side bolsters were not available but still decided all the other positives outweigh that negative.

These are just my personal feelings on the topic, and I'm not trying to antagonize any members that feel strongly about it. However I have to ask in the grand scheme of things how important is this item? Do you really want to taint your driving experience in this amazing car over it?
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      10-18-2012, 07:47 AM   #21
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I understand why some of you are upset over the side bolsters ... the specs said 20 way seats so you were expecting to get them. There is an important fact to this debate that, at least for me personally, has made the difference between demanding compensation and just chalking it up to a typo and just getting on with driving an otherwise fantastic automobile. This is not a case of BMW de-contenting to shave cost. It has been confirmed at this point that no F10s have adjustable side bolsters because the federal government has not approved a seat design that incorporates both the side air bags (located in the seats) and the mechanical components needed for side-bolster adjustment. Well guess which items won out ... the safety item.

Also, as another member posted in another thread on this topic, if this particular feature really was that important to you as an individual buyer, why didn't you confirm it's availability before making your purchase? This gentleman specifically asked about the feature despite what the literature said because it was an important feature to him. He learned pre-purchase that the adjustable side bolsters were not available but still decided all the other positives outweigh that negative.

These are just my personal feelings on the topic, and I'm not trying to antagonize any members that feel strongly about it. However I have to ask in the grand sceme of things how important is this item? Do you really want to taint your driving experience in this amazing car over it?
Bravo!
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      10-18-2012, 11:01 AM   #22
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Quote:
Originally Posted by RPiM5 View Post
Has anybody tried contacting a lawyer over these issues yet. I haven't decided yet if I will.

I think I may if the 2014 M5 has the adjustable side bolsters.

Oil pump issue doesn't bother me at all, unless my car ends up being stuck at the VPC for more than 30 days.

Anyways, I know an excellent lawyer that had fought many battles with BMW for me before. I could contact him and see if there would even be a case.

To me these issues are further exacerbated by the fact that in 10 months our 2013 M5's will be outdated.
+1. Waiting to see what happens on redelivery wrt the oil pump.
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