If Judge Kiel grants final approval of the Settlement and the Settlement becomes effective (the “Effective Date”), you may be entitled to some or all of the following benefits.
Reimbursement for Past Expenses
Class Members may be eligible for reimbursement of various expenses related to excess engine oil consumption subject to the provision of the required proofs to support each claim.
Reimbursement for Past Oil Changes
Class Members are eligible to receive reimbursement for the cost (not to exceed $95 each) of up to 4 past Oil Changes on a Class Vehicle if:
a. The amounts were actually paid by the Class Member at the time of Oil Change as evidenced by a repair invoice; and
b. The Oil Change occurred prior to 10 years/120,000 miles from the Class Vehicle’s in-service date; and
c. The Oil Change took place less than 12 months after a previous Oil Change as evidenced by the repair invoice of the prior Oil Change and the invoice for the Oil Change for which reimbursement is sought.
Reimbursement for Past Oil Purchases for up to 9 Quarts of Engine Oil Purchased Between Oil Changes
Class Members are eligible to receive reimbursement of the cost (up to $10 per quart) of up to nine (9) quarts of engine oil that the Class Member purchased between oil changes prior to the Effective Date if:
a. The oil was of the same type and grade specified for the Class Vehicle in the owner’s manual or on the vehicle, as evidenced by proof of purchase, repair order, or service invoice; and
b. At least one (1) prior oil-consumption complaint about the Class Vehicle was communicated to BMW NA or an authorized BMW Center, as confirmed by a repair order, Customer Relations Report, or other written documentation of an oil-consumption complaint to BMW NA or to one of its authorized BMW Centers; and
c. The Class Vehicle had fewer than 10 years and 120,000 miles at the time of oil purchase(s) as evidenced by required proofs, for example, service records from before and/or after oil purchase.
Reimbursement for Past Oil-Consumption Testing and Subsequent Repairs
Class Members are eligible to receive reimbursement of up to an aggregate of $900 for the cost of one (1) failed oil-consumption test and subsequent repairs of a Class Vehicle if:
a. Your Class Vehicle failed an oil-consumption test at a BMW Center as evidenced by a repair order or service invoice that identifies a Settlement Class Vehicle and VIN;
b. The repair order or service invoice demonstrates that the Settlement Class Member paid for the amount(s) sought for reimbursement; and
c. The mileage of the Settlement Class Vehicle at the time of the oil-consumption test failure.
Reimbursement for Past Replacement of an Engine
Class Members are eligible to receive reimbursement for one (1) replacement engine related to Excess Oil Consumption subject to the customer contribution schedule below if:
a. You have a legible repair order or invoice from an authorized BMW Center that identifies Your Class Vehicle and VIN, the date of replacement, the part number(s) used, and the cost of the replacement, with parts and labor separated;
b. The mileage of the Class Vehicle at the time of engine replacement and that it had fewer than 10 years and 120,000 miles at the time of engine replacement;
c. The Class Vehicle failed at least one Oil-Consumption Test at a BMW Center;
d. The BMW Center confirmed the Excess Oil Consumption caused the failure and the engine was replaced after the last failed oil-consumption test; and
e. You have proof of payment, in the form of a canceled check, credit-card receipt, credit-card statement, or receipt demonstrating that the Settlement Class Member paid for the amount(s) sought for reimbursement.
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Limitations: Defendant does not warrant or guarantee any repairs performed at third-party (non-BMW) repair shops and, should any such repairs fail after a Settlement Class Member has made a claim under the Settlement, the Settlement Class Member will not be entitled to submit an additional claim.
In order to obtain reimbursement for eligible past expenses, you must submit a Claim Form and include all of the documentation described above and identified on the Claim Form.
Service Campaign
If you currently own or lease a Class Vehicle, you may be eligible for relief going forward (after the Effective Date).
i. For each future oil change (pursuant to the CBS) of a Class Vehicle at a BMW Center up to 10 years or 120,000 miles from the in-service date (whichever comes first) but in no event less than one (1) year from the Effective Date, Settlement Class Members will receive two (2) free quarts of oil to top-off their Class Vehicles between required engine oil services (pursuant to the CBS).
ii. Settlement Class Members may receive up to three (3) free engine oil consumption tests for their Class Vehicles up to10 years or 120,000 miles from the in-service date (whichever comes first) but in no event less than one (1) year from the Effective Date of the settlement.
a. After one failed Oil Consumption Test of a Class Vehicle, and confirmation by an authorized BMW Center that the Class Vehicle has an oil consumption issue, BMW NA will, at its discretion, either authorize the BMW Center to make one engine repair attempt or offer customer an engine replacement per paragraph (c) below.
b. If after the BMW NA approved engine repair, the Class Vehicle returns and fails a second Oil-Consumption Test, the Settlement Class Member’s Class Vehicle is entitled to an engine replacement per the provisions and exclusions below.
c. Engine Replacement due to Excess Oil Consumption Contribution Schedule:
i. No Settlement Class Member contribution applies if the Class Vehicle engine is still covered under either the New Vehicle Limited Warranty term or the BMW Certified Pre-Owned warranty term.
ii. If there is no applicable warranty coverage the Settlement Class Member shall contribute to the total replacement cost, including parts and labor, in accordance with the schedule below:
iii. Replacement N63TU1 engine will have improved components compared to engines produced before May 2017.
iv. Subject to the mileage limitations above for all eligible Class Members, engine replacement contribution will only be made until the later of 10 years from the Class Vehicle’s in-service date or 1 year from the Effective Date.
v. In the event a Class Member’s engine fails or otherwise needs replacing unrelated to Excess Oil Consumption the schedule above shall not apply and the Class Member will not be entitled to any contribution from BMW.
New Vehicle Credit Voucher
Each Settlement Class Member may file a claim to receive one credit voucher towards either one future purchase/lease credit for (a) $1,500 for BMW 6 Series, 7 Series, X5, X6, X7; or (b) $1,000 for all other BMW models. The voucher will be transferable to immediate family members (children, parents and siblings) or other members of the Class Member’s household provided proof is provided that the Class member and person to whom the voucher is being transferred reside in the same house. The voucher will not be valid retroactively, will be valid for 1 year from the Effective Date and may be combined with other applicable and then available and qualifying BMW purchase/lease incentives. Notwithstanding the foregoing, Class Member(s) cannot combine and use multiple credit vouchers made available as part of this Settlement in one lease or purchase transaction.
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As part of the claims-confirmation process, a claim for reimbursement will be rejected if: (1) the Vehicle’s warranty was voided because (a) the VIN has been altered or cannot be read, (b) the Vehicle has been declared a total loss or sold for salvage purposes (for reasons unrelated to excess oil consumption), or (c) the Vehicle has been used in any competitive racing event (this does not include non-driving events where the Vehicle is on display); (2) the VIN number associated with the claim does not match the Settlement Class Member’s VIN number; or (3) the claim for reimbursement is (a) for an item or service that is not covered under this Settlement Agreement, or (b) for which a claim under this Settlement Agreement has already been made and paid, or (c) for which the Class Member has received “goodwill” or other cost/price adjustment, coupon, reimbursement, or refund from BMW NA, a BMW Center, insurer or any person or entity associated with Defendant, equal to or in excess of the amount of the claim submitted.