[Ruff Rider]

Its so sad all the miss information about the "paper" you have to sign to get the cooler.
1. You DO NOT lose any warranty on any part of your BMW by signing the "paper"
2. As far as Lemon Laws each State have their rules on this.
3. The main part of the "paper" is that if you sign you can not join a class action suit against BMW if one ever happens on the oil cooler only.
4. As far as not talking about it, you can figure that one out all by yourself.

I don't play a lawyer but my wife does.(a damn good one too) Its nice to get free legal advice. If you get the opportunity to sign the "paper" its for you to decide if it is right for you. I just could not sit back and watch all the crap that was being written about this that was wrong.

[pincud]

We keep hearing about the existance of a document commanding silence of it's beneficiaries, but we don't see such document posted.

We see so many "Without pictures this thread is worthless." comment on the forum.

I'm beginning to think that "Without the legal document this thread is worthless." should apply here.

What do you guys think???

[Lost Horizon]

Originally Posted by island111

Cut and paste into your browser


http://64.158.167.75/misc/Oil Cooler Doc.pdf

Fixed up your link..
Oil Cooler Doc from Island111

[bobnaz]

Originally Posted by kingjod123

Why comment on something you haven't read?

I showed the document to 2 lawyers and both agreed that I should not sign it - it is much more than just a confidentiality agreement. If you sign the document as is, you are basically waiving your right to sue BMW for ANYTHING- just for installing a cooler.

What if my car catches on fire from an unrelated defect? What if my fuel pump craps out and the car is at dealership for 6 weeks waiting for a part? I don't deserve my right to pursue a Lemon Law claim because BMW offered me a cooler?

I have asked BMW to amend the letter to include some verbiage that clearly states that car and cooler will remain under full BMW warranty. I have faith they will make it right.

That's what my lawyer said...but I have e-mail and tape recording to differ. Just remember, a surgeon will always suggest surgery, an attorney will always suggest litigation. Does BMW want bad press, or are they just trying to save a few$$ on 99% of the owners who would never know the difference and who's car would never know even after 200,000 miles--Just want to know how long it will take to get my new fuel pump

[John 070]

When I actually looked at my cooler, I seriously wondered if this is something I'd want a dealer installing (dealers can install ABS sensor wires incorrectly, can you imagine with a hose that has oil flowing through it?). Anyway, I can't believe over this people are involving lawyers? Is that necessary? I dunno, maybe polygraphs, blood tests, and DNA are necessary to clear this matter up.

[kingjod123]

Originally Posted by Ruff Rider

Its so sad all the miss information about the "paper" you have to sign to get the cooler.
1. You DO NOT lose any warranty on any part of your BMW by signing the "paper"
2. As far as Lemon Laws each State have their rules on this.
3. The main part of the "paper" is that if you sign you can not join a class action suit against BMW if one ever happens on the oil cooler only.
4. As far as not talking about it, you can figure that one out all by yourself.

I don't play a lawyer but my wife does.(a damn good one too) Its nice to get free legal advice. If you get the opportunity to sign the "paper" its for you to decide if it is right for you. I just could not sit back and watch all the crap that was being written about this that was wrong.

No disrepect to you or your wife, but my lawyers disagree. In no part of that document does it state the car or oil cooler remain under warranty - just that you give up your right to sue BMW for "anything" just to have the cooler installed.

Furthermore, BMW customer service is calling this a Confidentiality Agreement when it is indeed much more than that.

It just needs a little tweaking. I do not think BMW is trying to get over on us.

[RMRC]

Originally Posted by John 070

When I actually looked at my cooler, I seriously wondered if this is something I'd want a dealer installing (dealers can install ABS sensor wires incorrectly, can you imagine with a hose that has oil flowing through it?). Anyway, I can't believe over this people are involving lawyers? Is that necessary? I dunno, maybe polygraphs, blood tests, and DNA are necessary to clear this matter up.

Considering the dealer successfully tore my S54 apart to replace the bearings during the M3 recall I have confidence they can handle installation of an air-to-oil cooler.

[pincud]

Originally Posted by purplewidow

where the hell is this document that you guys are signing?

i saw my 335 at the dealer and have the oil cooler on my step with zsp... just curious what you guys are signing.

Do you guys have one to post?

[Ruff Rider]

Originally Posted by kingjod123

No disrepect to you or your wife, but my lawyers disagree. In no part of that document does it state the car or oil cooler remain under warranty - just that you give up your right to sue BMW for "anything" just to have the cooler installed.

Furthermore, BMW customer service is calling this a Confidentiality Agreement when it is indeed much more than that.

It just needs a little tweaking. I do not think BMW is trying to get over on us.

You are correct. Show me where it says you will lose the warranty. I feel fine signing the paper if you don't, don't sign it. You put four lawyers in a room and give them this document and you will get four different answers. So in closing we can agree to disagree on the paper.

[AnyMeans]

Originally Posted by Ruff Rider

You are correct. Show me where it says you will lose the warranty. I feel fine signing the paper if you don't, don't sign it. You put four lawyers in a room and give them this document and you will get four different answers. So in closing we can agree to disagree on the paper.

Why would you think Attorneys would have difficulty interpreting a simple agreement? I will take any bet that four attorneys would NOT disagree on the ramifications of such an agreement.

My dealer has been given authorization by BMW North America to install an air-to-oil cooler in my 335i Coupe (2/2007 manufacture date). If asked to sign any document(s), I will share my opinion with this board--if anyone is interested.

Best Regards,

[Ruff Rider]

Have you ever been in a room with four Attorneys? Glad to hear you are getting your oil cooler. Ask one question for me please. By putting this cooler into your BMW will it not be covered by your original warranty. I know the answer already but you need to post the answer after you get your cooler installed. Again enjoy the cooler.

[island111]

The release makes you give up any future warranty claims ie: Lemon Law or any other suit you make need to file if problem arise years later.

[Ruff Rider]

Originally Posted by island111

The release makes you give up any future warranty claims ie: Lemon Law or any other suit you make need to file if problem arise years later.

On the oil cooler? It does not...repeat...does not make you give up any warranty on the oil cooler or any other part that is covered under warranty on the car. Again it has to do with class action suits on the oil cooler. The great thing about this country we live in is you don't have to sign anything that you don't want to. I'M just tired of all the miss information on here about this. In my State Lemon Laws are only good for the first year of a cars life and it has to be a new car. You need to check your States Lemon Laws.

[wyrm11]

Originally Posted by bobnaz

That's what my lawyer said...but I have e-mail and tape recording to differ. Just remember, a surgeon will always suggest surgery, an attorney will always suggest litigation.

I'm sorry but that's so blatantly ridiculous and absurd that it warrants a comment.

An attorney will always suggest litigation? Not a good lawyer. Maybe you only know ambulance chasers. A good attorney will recommend alternative dispute resolution (like negotiations or mediations) when it is a viable option. It saves the client unnecessary costs and it usually ends up better for both sides. And a good attorney knows that he makes more money in the long run by saving his client money on each case and thus having him come back the next time or referring a friend in the future.

Let's try to ease up a bit on completely ignorant comments.

[Spazdoc]

Okay, as long as the car is covered under warranty and the oil cooler is covered under warranty, things are theoretically good. A new problem with car in an unrelated issue will not be affected by this waiver.

Why would i need to join in a class action lawsuit with this vehicle, anyway? So far, nobody has directly threatened BMW about this oil cooler, no private owner has proven that they went into limp mode, and they are promising to fix this theoretical problem based on concerns. Even before anyone comes in with problems during the summer.

[Ruff Rider]

Originally Posted by wyrm11

I'm sorry but that's so blatantly ridiculous and absurd that it warrants a comment.

An attorney will always suggest litigation? Not a good lawyer. Maybe you only know ambulance chasers. A good attorney will recommend alternative dispute resolution (like negotiations or mediations) when it is a viable option. It saves the client unnecessary costs and it usually ends up better for both sides. And a good attorney knows that he makes more money in the long run by saving his client money on each case and thus having him come back the next time or referring a friend in the future.

Let's try to ease up a bit on completely ignorant comments.

+1000

[AnyMeans]

Originally Posted by Ruff Rider

Have you ever been in a room with four Attorneys? Glad to hear you are getting your oil cooler. Ask one question for me please. By putting this cooler into your BMW will it not be covered by your original warranty. I know the answer already but you need to post the answer after you get your cooler installed. Again enjoy the cooler.

Yes, I have been in the room with many more than four attorneys--in fact, that is the case as I type.

I have no idea the terms of the release/waiver/agreement because I have not been presented with such a document. I merely received a phone call from my service advisor notifying me that the parts necessary to retrofit the air-to-oil cooler were being ordered. As to any further details, I have yet to be informed.

It should be fairly simple to decide whether to signed the document.

Best Regards,

[Ruff Rider]

Originally Posted by AnyMeans

Yes, I have been the room with many more than four attorneys--in fact, that is the case as I type.

I have no idea the terms of the release/waiver/agreement because I have not been presented with such a document. I merely received a phone call from my service advisor notifying me that the parts necessary to retrofit the air-to-oil cooler were being ordered. As to any further details, I have yet to be informed.

It should be fairly simple to decide whether to signed the document.

Best Regards,

Being married to an attorney I have a little more insight what goes on behind closed doors. Yes there are some bad attorneys but way more good ones that do great work for everyone. The problem I have on this form is all the miss information by people that have no idea what they are talking about. You ask "why would you think Attorneys would have difficulty interpreting a simple agreement?" Have you read all of the posting by guys or gals who say their attorneys have looked at it and came up with much different interpretations on what it says. I do agree with you on the "it should be fairly simple to decide whether to signed the document".

Don't get in trouble being on here while working

Have a great day

[BMWDriver]

Originally Posted by DrewKo

Are you guys serious they are asking you to waive rights to get the retrofit for a part that should have existed in the first place? And are you suggesting that BMW is requiring confidentiality if you are given the retrofit? Please scan and post this document or fax it to me at 404.255.7373. My interest in filing a class action is increasing. Tx.

Fuck the Attorneys and Fuck Class-Action...No one wins but the Attorneys.
Remember the xyz...

[kingjod123]

Originally Posted by Ruff Rider

You are correct. Show me where it says you will lose the warranty. I feel fine signing the paper if you don't, don't sign it. You put four lawyers in a room and give them this document and you will get four different answers. So in closing we can agree to disagree on the paper.

you bet. its the individuals choice. good luck with your installation!

[scottwww]

Originally Posted by pincud

Do you guys have one to post?

Still no document.

If somebody has a copy, but doesn't want to post it because of some kind of fear, just email it to me. I'll post it. I'll keep it completely confidential where it came from.

I don't have an automatic transmission, so it is no real concern to me. I would just like to see people get this thing taken care of. And to see what kind of stuff BMW asks of their customers. I would like to see if this document is reasonable or unreasonable by my own reading.

[Dr_Dirt]

post it or email to someone so they can post it.