[radgator1]

Originally Posted by DrewKo

SOMEBODY scan this document and post it--just remove your name so BMW doesn't know who. This is really impt.

Drew have you even called BMW to request a retrofit? I think you said in another thread that you hadn't. You do have a Step ZSP w/o oil cooler correct? I don't understand all your talk about Class action law suits if you haven't even explored to see if they will agree to install one. Odds are if you request it they will send you the form and then you can post it here if you wish.

[purplewidow]

just pm me with it i will post it....i have one from the factory and it is at the dealer as we speak step/zsp and has the cooler!!!! i have no worries
________
No2 Vaporizer

[DrewKo]

Originally Posted by radgator1

Drew have you even called BMW to request a retrofit? I think you said in another thread that you hadn't. You do have a Step ZSP w/o oil cooler correct? I don't understand all your talk about Class action law suits if you haven't even explored to see if they will agree to install one. Odds are if you request it they will send you the form and then you can post it here if you wish.

I have not contacted BMW yet. First, BMW should contact us about this issue, since BMW caused the problem in purposefully omitting the cooler from a select group of 335is. Second, the cooler was supposed to be placed in my car (step, ZSP) but wasn't for cost-saving reasons. Third, now BMW is forcing owners to sign confidentiality agreements as a pre-condition to getting the cooler installed (even before the cooler is installed, with no guarantee when it will be installed). You see why a class action may be required, right? This is bad, irresponsible of BMW and I am truly on the verge of filing a class action to force BMW to take responsibility and correct its self-made error, issuing the appropriate notice to those owners whose 335is should have the cooler (that they already paid for) and installing it with the guarantee that it is covered by the warranty. Instead, BMW is waiting for owners to contact it, hoping many won't (which is true), and then even giving some a hard time about getting the retrofit. I have read numerous posts of BMWNA giving owners the run around. So, before you judge, please consider both sides of the coin here.

[bartman32]

Originally Posted by ilmor

If someone could post of pic of what this oil cooler looks like on the car, it might be helpful...so we can look for it in the future...

+1 little help here for those of us who don't know what we are looking for...

[msinfo_us]

Originally Posted by bartman32

+1 little help here for those of us who don't know what we are looking for...

Since I don't have it either here is a copy from "other" site ...

[Fester]

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.

Don't worry about it then. You are all set. They will not make you sign anything just for the ones who are demanding retrofit since BMW missed it in the first place.

[John 070]

It's a brave new world we live in. I'm finding in my field that in the future, software enhancements will be additional on top of having a full bonafide maintenance agreement (which by the way runs solidly into multiple six figures). We're too used to expecting updates/enhancements. Maybe we'll never know what the real deal is....did BMW overlook these coolers? Someone said starting 3/07 all cars had it, was it an enhancement or production mistake prior to 3/07? Understandably, with what we paid, we don't like for our cars to be lacking something that another one has in the same model year. Perhaps BMW should have added the cooler in '08 on the steptronics to avoid this situation.

If I had a step and mine lacked it, sure, I'd want it too. But if I leased I'd say why fight city hall to improve something that BMWFS owns anyway? All that effort to improve their property!?

Sometimes this stuff never ends, I just saw a post today asking a E93 why he had the old oil temp gauge, which by the way looks like mine. I was going to research what was old about it, and then decided, who cares? It tells me what temp the oil is, if it's old, it's old. For pete's sake, the car is only 4 mos. old I'm not going to worry about it.

[drkeng]

That's my E93 w/ the "old" gauge. Making me real happy to be such a loyal and enthusiastic BMW owner that I put down my deposit last July to get an early E93--first I can't get 6FL and now I find out about this air oil cooler issue.

This shows 220 deg in freezing weather after driving about 25 miles, some on highway, but obviously not that fast as it was really wet. I'll be keeping an eye on this gauge in the next few days.

What do other Feb E93 cars have?? Anyone out there w/ step & sport???

[John 070]

Originally Posted by drkeng

That's my E93 w/ the "old" gauge..

Well, I've never seen my needle go beyond 250, and I do have the cooler, so I don't see the point in starting at 160 (instead of 120) and going up to 340, when 300 seems to be limp mode.....

I'd say just check your right wheel well for the cooler, if you've got it, I wouldn't worry about the gauge not reading to 340.....

[sterns]

Hi,

I'm new here, just picked up my E93 Cabrio AW 6sp. two days ago and been reading some of these posts.

Mine is running about 235-240 when its 60 outside.

Is this a problem only with the AT builds or are the manuals also affected ?
Is there a build date where this is already fixed ?

[Socratesbmw]

Originally Posted by daveyg

mine has a oil cooler and still runs at 260-270

That's because its normal. All this talk about how it was supposed to have the cooler is crap. Your car wasn't supposed to come with it and they left it off, its just becoming an "issue" (mainly because of forums like these). What are y'all going to complain about when they put in the recall for the oil temp gauge? 300 will be the new mid-point - what then?

how many of you on here have ever had your 335 overheat? Honestly, we all know of two cars provided by competitors that were tracked hard and they went into limp mode - as they are supposed to. Nothing happened to the cars that harmed them or the engine. I have yet to encounter anyone who has actually had this happen to them. Sure, tracking a car in 5th gear at 7K rpm's for 40 minutes will probably get you there, but that's not what the car is built for.

Your comments about the car supposed to be a track vehicle is the same as saying that every Chevy Monete Carlo should be able to run in Nascar stock. I constantly run at 240-250 around town with normal driving and know plenty of people who say they've never gotten about 270 under hard conditions. Hell, most of you on here talking about the issue don't even own the damn car!

[shnapper]

Originally Posted by Socratesbmw

That's because its normal. All this talk about how it was supposed to have the cooler is crap. Your car wasn't supposed to come with it and they left it off, its just becoming an "issue" (mainly because of forums like these). What are y'all going to complain about when they put in the recall for the oil temp gauge? 300 will be the new mid-point - what then?

how many of you on here have ever had your 335 overheat? Honestly, we all know of two cars provided by competitors that were tracked hard and they went into limp mode - as they are supposed to. Nothing happened to the cars that harmed them or the engine. I have yet to encounter anyone who has actually had this happen to them. Sure, tracking a car in 5th gear at 7K rpm's for 40 minutes will probably get you there, but that's not what the car is built for.

Your comments about the car supposed to be a track vehicle is the same as saying that every Chevy Monete Carlo should be able to run in Nascar stock. I constantly run at 240-250 around town with normal driving and know plenty of people who say they've never gotten about 270 under hard conditions. Hell, most of you on here talking about the issue don't even own the damn car!

...MMMMMMMM stretch ahhhhhh YAWN..............

[742]

Originally Posted by DrewKo

...You see why a class action may be required, right? This is bad, irresponsible of BMW and I am truly on the verge of filing a class action...

So you are a lawyer. And you want to file a class action. Your car is running fine. You won't talk to BMW. You want people to contact you.

What you are trying to do is pretty obvious.

[DrewKo]

I want to build evidence and make the company take responsibility for screwing the consumer. P.S., I did not start these threads--there are many owners disappointed in BMW's poor response (no response is more like) whose vehicles run well above 280 and go into limp mode. Mine regularly will run close to 300 if I push it and while i plan on tracking it, i can't until this gets resolved. So everything you say in post is incorrect--my car is not running "fine." I do not "want" to file a class action. I will "talk" to BMW. I do not care who contacts me per se, but feel it is important so all 335i owners who may be affected are notified. BMW wants the opposite--the less who know the better--saves them money. That's why the company forces you to sign a confidentiality and "you won't sue" agreement before taking action. That's wrong.

P.S., you don't even own a 335i so here's a suggestion--STFU.

[bobnaz]

Just sign the agreement, move on...I did

[scottwww]

I have a manual transmission, so I have no worries about this issue. But I would be VERY reluctant to sign any such an agreement if I found a problem with my car that BMW should fix.

I was once involved in an FLSA case where the lawyers were setup to win regardless of the outcome for everybody else. I wouldn't jump on board with anything like that again. The settlement was laughable ($400 for me after the lawyer 5 years before said it was worth $50,000). But it made a lot of money for the lawyers ($800,000).

In order for those who were party to the suit to not have to pay out of pocket to dismiss the whole thing, all who participated without such liability to pay the lawyer fees (most of us were on a contingency only) had to sign an agreement to not pursue it any further and to not tell the story in anything but general terms (without disclosing company names, etc.). Apparently the case was not good enough to go to trial, but the defendant company agreed to settle out of court.

I would like to have retained my right to speak out against the lawyers who had misled us. I would like to have retained my right to speak about, "Don't do this. It will get you blacklisted!"

But I did sign 2nd to last because I didn't want the two people who started the whole thing to have to pay out of pocket to get their lawyers off their backs who would demand payment since the contingency didn't pan out.

If I hadn't signed, the defendant company would have paid nothing, but we could still pursue the case individually (if we wanted to).

Don't involve a lawyer if there is any other way. And don't sign an agreement to be silent! It would not likely go your way.

If BMW has any intention of fixing this problem, they can do it in the public eye. No confidentiality agreements. No waiving rights of warranty. No hassles. They can keep their reputation by deserving a good reputation, not by pushing their weight around.

[742]

Originally Posted by DrewKo

I ...P.S., you don't even own a 335i so here's a suggestion--STFU.

Well, it appears that you don't understand that the 335 is not the first or only E90 to be delivered to North America without… oh never mind, I will STFU. You obviously know more than I do.

P.S. My brother-in-law got the oil change voucher from MB. No doubt you know what the lawyers got. To the penny.

[RMRC]

I don’t understand all the advice against signing the release. So far I’ve read a couple reasons not to sign: (1) because BMW NA may not come through with the retrofit after you sign the release and (2) because there is a gag attached to it. I’m no lawyer and I haven’t seen the release yet but if I’m offered a retrofit given I sign the release I have to believe I will gladly sign it. (1) makes no sense to me. If BMW NA didn’t follow through with the retrofit after you sign the release wouldn’t that then open it up to a lawsuit of a different kind? As for (2)…who cares? You sign the release, you get your retrofit and you move on driving your car without worry of limping home from a BMWCCA school…or out of Death Valley or whatever. I just can’t help but wonder where BMW did its summer testing without the oil coolers because it certainly wasn’t at a driving school or in the CA/AZ desert in August.

[scottwww]

Originally Posted by reb03

I don’t understand all the advice against signing the release.

If somebody would post up a copy of the letter we could make more informed comments.

Why on Earth should BMW need anything signed beyond an acknowledgement that the work was performed, just like when you get an oil change?

[kingjod123]

Originally Posted by reb03

I don’t understand all the advice against signing the release. So far I’ve read a couple reasons not to sign: (1) because BMW NA may not come through with the retrofit after you sign the release and (2) because there is a gag attached to it. I’m no lawyer and I haven’t seen the release yet but if I’m offered a retrofit given I sign the release I have to believe I will gladly sign it. (1) makes no sense to me. If BMW NA didn’t follow through with the retrofit after you sign the release wouldn’t that then open it up to a lawsuit of a different kind? As for (2)…who cares? You sign the release, you get your retrofit and you move on driving your car without worry of limping home from a BMWCCA school…or out of Death Valley or whatever. I just can’t help but wonder where BMW did its summer testing without the oil coolers because it certainly wasn’t at a driving school or in the CA/AZ desert in August.

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.

[RMRC]

Originally Posted by kingjod123

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.

Good advice. I had no idea they were requiring that you waive all rights related to any of the car's systems.

[kingjod123]

Originally Posted by reb03

Good advice. I had no idea they were requiring that you waive all rights related to any of the car's systems.

yes thats the kicker!