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BMW 3-Series (E90 E92) Forum > E90 / E92 / E93 3-series Powertrain and Drivetrain Discussions > N54 Turbo Engine / Drivetrain / Exhaust Modifications - 335i > Dealer Calls and Says "Did you modify the cars Engine Control Unit?"..re:fuel Pump



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      04-04-2007, 05:19 PM   #89
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I dont understand

Last edited by CASHBY; 04-05-2007 at 01:14 PM..
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      04-04-2007, 05:24 PM   #90
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Quote:
Originally Posted by bimport View Post
The fact is that the PROcede does void your warranty. You might be able to lie to a dealer and get parts replaced, but you need to understand that you did void your warranty.
Wow, I don't know how many times I have to say this...

AN ENTIRE WARRANTY CANNOT BE VOIDED DUE TO AN AFTERMARKET PART.

This was decided in a court of law an is now precedent.

The only thing that can happen is the dealer does not have to warranty the aftermarket part itself (obviously) or parts directly related to the aftermarket part (this is where it gets tricky). Also, I believe a dealer can refuse to work on a car with aftermarket parts if they don't feel comfortable with it (i.e. doing alignment on a car with afternarket coilovers). However, this is NOT a voiding of a warranty.
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      04-04-2007, 05:25 PM   #91
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lol @ people responding seriously to bimport.

trolling at its finest.
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      04-04-2007, 05:25 PM   #92
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Last edited by CASHBY; 04-04-2007 at 11:43 PM..
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      04-04-2007, 05:26 PM   #93
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Is there anyone that has asked to keep their failed pump when it gets replaced? It is possible to keep your failed part? While hopefully my 335i's pump doesn't fail I really want to take part one that has. Actually I would like to take multiple ones apart to see if the same failure is always occurring (most likely yes, but who knows for sure...).

Direct injection motors such as that of the 335i use high pressure fuel pumps. The 335i uses a unit made by Siemens. The mechanical components of the fuel pump are cooled and lubricated by the engine's oil. I haven't really looked into how the whole system is setup in the 335i, but I wonder what order of systems the oil flow takes (engine to turbos to fuel pump to cooler?). It makes me wonder whether certain unexpected operating conditions (high oil temperatures that can lead to possible coking) might cause some pumps to fail.

I am just throwing out my thoughts on the whole matter. I can't really say what is going on through mere speculation. I am really curious as to whether it might be a Siemens issue or a BMW issue… There are plenty of diesel vehicles with high operating temperatures and high pressure fuel pumps that don’t have problems. However even those guys are asking for upgraded oil coolers.
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      04-04-2007, 05:37 PM   #94
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Quote:
Originally Posted by CEA 3 View Post
Correct... so in this case my fuel pump cant be done under warranty because of my tires...not because of an "chip"
Exactly! See, the dealer knows what they are doing. From my mechanical knowledge, a fuel pump and tires are practically the same thing. Hmm... Maybe you can just use one of your stock tires to replace the fuel pump? lol.

Seriously though C, I hope you get this shit straightened out. Dealers make me angry.
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      04-04-2007, 05:40 PM   #95
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Quote:
Originally Posted by CEA 3 View Post
I dont understand....it says I cant wait to get it....

we all know i have exhaust on the car.
You stated that you ordered XEDE. That creates a rebuttable presumption that you installed the part you ordered. The onus is then on you to prove that you did not install it. You could do this by proving the part was never received or that you still had the part in an unopened package.

You also admit to racing your car in that post which opens you up to them voiding your warranty for engaging in competitive events and abusive use.
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      04-04-2007, 05:43 PM   #96
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M3's go to the Track all the time and BMW's marketing uses the fact that it can be a street or track car so does this Void an M3 owner's car as well?
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      04-04-2007, 05:52 PM   #97
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Quote:
Originally Posted by ganeil View Post
You stated that you ordered XEDE. That creates a rebuttable presumption that you installed the part you ordered. The onus is then on you to prove that you did not install it. You could do this by proving the part was never received or that you still had the part in an unopened package.

You also admit to racing your car in that post which opens you up to them voiding your warranty for engaging in competitive events and abusive use.
"You bought a gun, so the onus is on you to prove you didn't shoot anyone."

I don't think that's how it works.
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      04-04-2007, 05:53 PM   #98
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Quote:
Originally Posted by bmwzimmer View Post
M3's go to the Track all the time and BMW's marketing uses the fact that it can be a street or track car so does this Void an M3 owner's car as well?
The warranty language is specific, it refers to competitive events. Driving your car around a track is not necessarily a competitive event. BMWCCA drives schools would be an example.

Timing your laps to compare to others or racing against other cars would be more problematic.
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      04-04-2007, 05:58 PM   #99
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Quote:
Originally Posted by lkraven View Post
"You bought a gun, so the onus is on you to prove you didn't shoot anyone."

I don't think that's how it works.
No, the basis of a rebuttable presumption is reasonable belief. Millions of people in this country own and carry firearms without ever shooting someone. They serve a purpose other than to shoot people, such as deterrence, hunting, skeet, target shooting.

The same cannot be said for an aftermarket automobile modification. If you order it, a reasonable person can conclude that you installed it because it serves no other purpose.
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      04-04-2007, 06:01 PM   #100
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I know where you're going, ganeil, and you're right, my attempt at an analogy was purposefully disingenuous. So first, I apologize for that.

Back to the topic at hand though... they blamed it on the tires. That's even WORSE as far as being purposefully disingenuous if they actually believe the Procede was directly responsible.

And what''s also being debated is the fact that CEA had a defective fuel pump to begin with-- I am in agreement with those who say that it was bad to begin with, and should have been covered irrespective of the Procede. The Procede does not make good pumps go bad-- the only debate is whether it makes BAD pumps go BAD faster, and in my opinion, it's a moot point. If it's defectively made, it needs to replaced under warranty.
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      04-04-2007, 06:01 PM   #101
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Last edited by CASHBY; 04-04-2007 at 10:23 PM..
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      04-04-2007, 06:02 PM   #102
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Take it to a reputable dealer, CEA. We feel your pain, keep us updated.
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      04-04-2007, 06:03 PM   #103
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Quote:
Originally Posted by CEA 3 View Post
Here is exactly what the dealer put in their system....i have a copy of it.
SCAN & POST IT
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      04-04-2007, 06:09 PM   #104
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Sounds like they aren't even acknowledging that the fuel pump is faulty-- which isn't the same as saying they're denying the warranty claim on the pump. They're covering their asses for being lazy clowns-- if they don't deny the claim, they won't have to explain to BMWNA why they did it when you take them to the mattresses.

Instead, they can just chalk it up to a shrug. What a bunch of assclowns.

If the car is running badly, let us know what a real service department has to say about it... and a warning to all: Irvine BMW: We'll screw you if we can, and if we can't we just won't help you.
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      04-04-2007, 06:10 PM   #105
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CEA,

That's the worst part about posting on forums. I think the admin's of this forum better do something smart like have an anonymous posting account where we can post our kills and so on. Actually when I think about that I'm not sure that would work.

Anyway I feel for ya man. Here is one thing that you can do if some of the local shops wont fix it if it ends up being the fuel pump or anything else.

Go for a long drive somewhere outside the state, take your car into a BMW dealership somewhere outside the state and tell them you came to them because you were too far away from your own local dealers and can't drive your car back.

By doing that you'll probably save your self the hassle of having some jackasses post saying that you do have the PROCede. To all that did that, you shouldn't even be part of this forum or any other for that matter.
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      04-04-2007, 06:12 PM   #106
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Quote:
lkraven: "You bought a gun, so the onus is on you to prove you didn't shoot anyone."

I don't think that's how it works.
... ^+1

Summary so far:
  • CEA3 got worked over and Irvine BMW is lame.
  • bimport & ganeilis are nerds.

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      04-04-2007, 06:13 PM   #107
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Quote:
Originally Posted by CEA 3 View Post
well all in all, just be carefull what you say on the forums i guess..

Here is exactly what the dealer put in their system....i have a copy of it.

"Customer states that check engine light is on, and vehicle is running poorly"

" DSC has faults for wheel speed issues, upon closer inspection found car modifciations including exhaust, suspension and "race" tires mounted on rear. Cleared fault codes and non returned at this time. No repairs done at this time"

so basicly had nothing to do with a "chip" or "procede" if there was, or ever had been on the car... .and also they said it wasnt even the fuel pump.

who knows

wow what prics, dsc fault wheel speeds? is that something that messed with the dsc because you changed the diameter of your wheels (did you)
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      04-04-2007, 06:14 PM   #108
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Quote:
Originally Posted by astris View Post
Wow, I don't know how many times I have to say this...

AN ENTIRE WARRANTY CANNOT BE VOIDED DUE TO AN AFTERMARKET PART.

This was decided in a court of law an is now precedent.
The case you refer to concerned aftermarket parts that replaced the OEM parts and met industry standards for that part. The point of the ruling was that a claim could not be denied because you used a FRAM oil filter rather than the OEM filter as long as it was the proper size, etc...

The BMW warranty explicitly states that it is not applicable if the car has been modified to exceed their specifications. This means the ENTIRE WARRANTY. The whole point of PROcede is to exceed BMW's specifications. If you went to court and relied on the earlier case, there is a very good chance you will lose.
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      04-04-2007, 06:17 PM   #109
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Last edited by CASHBY; 04-04-2007 at 10:22 PM..
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      04-04-2007, 06:19 PM   #110
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Revised:

Irvine BMW: We'll screw you if we can, but if we can't, we'll just drive a nail into your tire and not help you.
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