A Long Tale about Z4 Damage

[Vintage]

Sorry for the sob story but it will make me feel slightly better to post this email here - a little free therapy. I am not mad, just very sad. I have neither threatened or disparaged anyone; just tried to work it out. I sent this to BMW NA and to date I have not heard back other than being given the run-around and denials. If you are interested, I have other more recent emails to them; sorry in advance for boring you with this factual tale.




Dear BMW of North America,

Where to begin? My wife owned a 2003 Z4 and I had a 2000 M Coupe; these two Z based platforms were great with few issues. She loved her Z4 and I loved my M Coupe. So when the 2009 Z4 was unveiled, I knew it would not be long before we replaced her previous 2003 Z4 with the all new Z4 35i. In July we ordered a Z4 sDrive 35i at Moritz BMW for European Delivery. We picked up her new Z4 at The Welt in Munich on August 17, 2009. It was an amazing trip during which we put 753 memorable miles on her new car, without one incident, scratch, or mishap – even while driving on unfamiliar roads in foreign countries. It was dropped off for shipment to the USA in Munich on August 24, 2009. The drop off receipt commemorates zero damage to the car at the time it was turned over to you.

The car arrived in port stateside in late September. However, The car was not delivered to us until over one month later (end of October or early November). Neither Moritz BMW or we knew why it took so long to go from the east coast to Arlington, Texas – at the time we thought "such is life." When the unscathed Z4 was pulled off the transport truck, the driver damaged the front spoiler and the damage was shown to us at delivery. The salesperson, he was great during the entire process, also pointed out the adhesive spots on the car and said they were from "shipment covering" that "would come off once the car was detailed." During this first inspection at the dealer, we all noticed additional paint damaged on the hood and front bumper as well as a scratch under the passenger side rear view mirror, also apparently from some incident in shipment. So, we were told the hood and front bumper would have to be painted; not the greatest news but we took it in stride.

After we took final delivery in early November but before it was repainted, I washed the car myself for the first time – I only hand wash this car with high quality products. At this time I noticed 1) the right rear view mirror was inexplicably black sapphire metallic in color (we did not have a metallic mirror in Germany), and 2) the adhesive spots on the trunk and a few other places were still on the car. Please remember that this car is jet black, not metallic black. So, I took the car back in for painting of the rear view mirror, hood, and bumper. I showed the salesperson the mirror and we scratched our heads. He then pulled up the transport history and it showed that the car was wrecked in port – I guess this explains the new/wrong color rear view mirror with accompanying scratch and hood/bumper damage.

The adaptive shock warning light was also coming on despite never occurring while in Europe. I was told this would all be taken car of while in for the repaint and everything would be like new. Over a week later, we received the car back and were told that the "car had to be reset out of transport mode and that this fixed the shock issue." While still at the dealer, I noted numerous foggy spots in the paint where it had not been buffed properly after repainting. I left the dealer without the car because they agreed and had to send it back to the body shop. Finally, after about two weeks without the car, I picked it up and was driving back to work from the dealer when the adaptive shock warning light came on again. Then once at work in the parking garage, I immediately noticed the poor quality paint job with many large swirls on the hood and front end from bad buffing of the new paint. Yes, I went straight back to the dealer were my service representative and his manager agreed that the paint was "not good" and that "it needed to be fixed." I was asked to come back in two weeks after the paint had "hardened" so that they could buff it out properly and remove all of the swirls and scratches. I agreed.

At the next visit to fix the paint, I was told that the shocks would have to be replaced because somehow they were damaged and that was causing the warning light to go off – it was not a "transport mode" issue. Unfortunately, no shocks were in stock in the USA and they were ordered from Germany. The paint was allegedly "fixed" but the adhesive marks, especially on the trunk, remained (it turns out that the adhesive damaged the paint on the trunk). It was somewhere around this time or a little before that I called customer service at BMW NA for help.

In late December the dealer called me to come back in for shock replacement as the parts had arrived from Germany. At about this time, early January, I had discovered more paint problems (overspray on the hood and the adhesive flaws on the trunk appeared worse) from the repaint as I had washed the car again by hand. After many of my calls to BMW NA, I was told that the "Field Representative" would finally be inspecting the car to make sure it met BMW's factory specifications. Although I had been told this several times previously, I was finally given the date of January 5, 2009, for the inspection by the field representative at the dealer. This inspection has still not taken place as of January 8th and now I am told that the matter is "escalating" because the representative failed to inspect the car. This was discovered only after I called BMW NA four or five times this week to inquire if I could pick up the car since it was suppose to have already had its “inspection.”

The service representative also informed me this week that the adaptive suspension module would have to be replaced too, and that part would also have to be ordered from Germany. In short, I still do not have a 2009 Z4 that we picked up in August and we have made 5 payments on a very expensive car. In addition, it is suppose to be a new car, which it is not because BMW wrecked it twice, did not tell me about it as for the incident in port, it has been painted on and re-worked about three times, the shocks still don't work, and I am no closer to any resolution. I guess I am suppose to hope that someday BMW calls me, actually fixes the car, or generally takes care of its customer. My fingers are crossed.

The irony is that when I ordered my second brand new BMW in October from Moritz BMW (a 2010 X5 35d) they looked at my 2007 Saab 9-5 for trade. At that time I was told after their inspection of the car that the hood was repainted at some time and because it had been “damaged” they were not interested in taking the car in on trade for the X5. Amazing, now I am suppose to keep a $65k BMW that BMW wrecked twice, repainted at least twice, and still has a broken suspension system with paint problems.

I know this sounds silly to you but I am tired, emotionally drained, frustrated, and losing time from my work dealing with a problem solely created by the awesome BMW team. You are speaking to a BMW enthusiast that owns two new BMWs, has owned two previous BMWs, owns a 1977 BMW R100S cafe project that is fully restored, and has owned numerous other classic and vintage BMW motorcycles. My wife's dream car and our second honeymoon to Germany has soured, to say the least. Incredibly, it appears that as I start 2010, we are no closer to a resolution because no one from the dealer or BMW NA has so much as even called me to update me on any progress or plan. Every call made to the dealer or BMW NA has come from me with only a few calls coming from BMW after I leave voice mails. I would guess that if I had not been persistent in the last few weeks that I would know nothing about the status of the Z4 that I am paying for but cannot use.

We bought a new car and we want a new car. I am no longer willing to accept a twice damaged, twice repainted, broken, used car that was all done in port and shipment – not to mention the clear attempt by someone in port to try to hide the damage with a metallic rear view mirror. The darn thing might have 1,500 miles on it and it is 2010 that was picked up in August!

Request/Reasonable Demand: You take your self-made disaster and give me all of my money back (i.e. down payment, taxes and fees, and a couple of payments for all the time I have not had the car, which is almost the entire time since August), and I will order the exact same car from Moritz BMW with the same reasonable deal, but it will be a new 2010 to be delivered in the next couple of months – I want a complete rescission of this deal and I will agree in writing to buy a new Z4 from you (I must be crazy but we still love BMWs and I like Moritz BMW). Please also note that Steve ___________ and the entire sales team have been great, as well as Joe ___________ and the service department have tried their best to help us to no avail. BMW NA created this problem in transport and it has only gotten worse since. At first we just wanted the car fixed right as we tried to be nice, maybe too nice, but that was in early November and we no confidence that will ever happen now. Take it back and we will buy a new one at Moritz – we love BMWs, especially the new Z4.

Summary of Problems:

1) wrecked in port and hidden from us until my discovery;
2) resulted in damaged mirror, door scratch, and paint problem on hood and bumper;
3) wrecked upon delivery coming off transport truck;
4) resulted in damaged front spoiler;
5) transport adhesive spots have eaten into and damaged paint;
6) first repaint was bad and had to be buffed to get the fog out;
7) adaptive shock light came on;
8) Adaptive shock light was allegedly fixed but not really – came on many more times;
9) Shocks are broken but ordered out of Germany;
10) Second buff out of paint left nasty swirls all over and overspray;
11) Adaptive Suspension Module is really the problem, ordered out of Germany;
12) Field Inspector has never inspected car;
13) Almost no one from BMW ever calls us to update the status; and
14) Car paint is not fixed yet, no one has inspected it as BMW claimed, still has broken suspension system, and we still do not have the car.

We are trying to be reasonable; feel free to use this as a case study at BMW of North America on how not to conduct business. Please help us and feel free to call me anytime on my mobile at _________________. By the way, our X5 is awesome (A Tale of Two Cities, apparently) – go BMW diesel power and efficiency; I hope this praise does not jinx the X5. However, I am deadly serious about this limited time offer of resolution concerning the Z4. This insanity must end, as it is my new year’s resolution.

Thanks - James.

[alan64]

well, I read your whole post and I couldnt help feeling through the whole thing, that bmw should just replace your car. Good luck, and dont give up or give in on them making the situation right. Just stay in their face about this.

[bobbydog]

A friend of mine had problems with a new audi tt. Using the lemon law, he got all his money back and got himself a BMW. You should be able to do the same, but it will take time. It took him 1 1/2 years to have the issue resolved.

[rmorin49]

I was able to negotiate a very favorable "trade assist" on a 07 E93 for an identical 09. BMWNA should do the same for you, buy back your 09 and sell you a 2010. I did have to pay for the increase in MSRP and a very small mileage charge. In your case though they should waive it since the damage was entirely BMW's fault. I wish you luck. Stay calm, do not threaten "lemon law" unless you are prepared to move forward. BMWNA will not negotiate with you if you go this route. You are doing the right thing asking them for a buyback and a new car. Good luck.

[bobbydog]

I wonder with ED, who's responsible before you take delivery in the US? Do you have to buy insurance for the car during transit?

[Chuck76]

The dynamic suspension light came on the first day I took it for a test drive. They replaced all four shocks and needed to be specially ordered from Germany.

They replaced the front two then later replaced the rear as well. Fortunately they were able to get the rear local in the US instead on waiting 2 weeks again for delivery.

Mine is a 09 and they replaced with 2010. The dealer stated they having problems with the 2009, which I didn't believe.

From the summary of the problem, it seems that you are very frustrated with the dealings and time wasted. From a management's perspective, not accounting for the heart ache, frustration, and time wasted by the customer its "Take the car to the reputable body shop, have them fix all the customers concerns and I want it 100%. Also fix the suspension issue and make sure he has a rental for the time being free of charge. Make sure he is completely satisfied." That may save them from having to swap the car.

So in my dealings, I had the suspension issue both front/rear, a bumper that needed to be repainted from a scratch on the dealer lot, and a rear fuel pump that was making a whining noise. This was all within 600 miles new of the car. I got a free rental during the 3 weeks I didn't get the car. And a free rental again with the fuel pump issue in the rear. (not the HPFP as I originally thought).

I'm not saying its right. All I'm saying is they may just take a look at the issues versus the time waisted in dealing with this stupid matter on dealer negligence. (which I think is the most frustrating part).

[rmorin49]

Originally Posted by bobbydog

I wonder with ED, who's responsible before you take delivery in the US? Do you have to buy insurance for the car during transit?

My understanding is that BMW is responsible until you take re-delivery in the US.

[Vintage]

I have not threatened lemon law and do not intend to; I have not yelled or cussed at anyone. I think I have proposed a reasonable solution. Believe it or not, I picked the car up from the dealer tonight and someone had taken it on a 31 mile joy ride. Yes, that's right, no one claims to have driven it but it came in to the dealer at 1586 miles and left with 1617 miles - what the heck is going on!!! I had a service representative sign the pick-up sheet confirming that someone must have taken it on a date. If I could have worse luck, I did - on the way home not 10 miles from the dealer the adaptive shock warning light came on again. You guessed it, the same problem still exists. I really am at a loss for words at this point - we had not 1 single problem in Germany for 753 miles. Something bad happened in shipment.

[rmorin49]

Call BMWNA and ask to speak to a senior Customer Service agent. They really need to make things right. The latest episode at your dealer is a local issue. I would have words with the Service or General Manager and document what happened. Do you have documentation as to what happened in transit? If not, I would try to get it.

[Z4@Phuket]

a few years ago in Thailand, a woman who bought a brand new Honda CRV smashed her car in front of Honda Head Quarter with all the medias (TV , newspapers) Finally she got a new replacment for her "DEFECT CAR"

[teagueAMX]

Originally Posted by VintageBMW

I have not threatened lemon law and do not intend to; I have not yelled or cussed at anyone. I think I have proposed a reasonable solution. Believe it or not, I picked the car up from the dealer tonight and someone had taken it on a 31 mile joy ride. Yes, that's right, no one claims to have driven it but it came in to the dealer at 1586 miles and left with 1617 miles - what the heck is going on!!! I had a service representative sign the pick-up sheet confirming that someone must have taken it on a date. If I could have worse luck, I did - on the way home not 10 miles from the dealer the adaptive shock warning light came on again. You guessed it, the same problem still exists. I really am at a loss for words at this point - we had not 1 single problem in Germany for 753 miles. Something bad happened in shipment.

On the paint and shock issue: Keep in mind you don't know how badly the car was damaged either in shipping or at the port. You've only seen the final product of a botched repair job.

Not to long ago, and I believe it was this forum or maybe X6, there was discussion about BMWs receiving port here on the west coast. Although not the main point of the OP, one thing that came out of the discussion was the repair facility they have there. Some of the photos showed cars being repaired that I would have considered completely totaled.

We're all used to taking our vehicles and getting the run around at the shop, but this could really be something more severe like wiring or frame damage, and I'm guessing that it's more than simple R&R'g (remove and replace) parts until it's fixed.

Years ago I had an issue with GM and found out that the Better Business Bureau has binding arbitration agreements with the US auto manufactures. They may have them with non-US as well. I had to have an engine replaced, and even though I represented myself in the hearing, I got to choose my own arbitrator, a retried Air Force Col, and GM lost the arbitration. They ended up paying for a completely new engine and I subsequently sold the car. I know your situation is a little different and you want BMW to do the right thing, but it might not hurt to talk with the BBB.

You've already lost a lot: paid 5 months on a car you hardly got to use for a couple of weeks and now it's second hand goods. BMW - make it right!

[Vintage]

Thanks for the suggestions; the amazing thing is that I have called BMW NA many times and spoken with them (I have emailed them 5 or 6 times and not one response or return call). It appears, at least at this time, they are just hoping I will go away. I have had ZERO offers from them of any kind of resolution; not even and offer to make a payment or two - not that it would help at this point. What troubles me as much as them hiding the damage/wreck problem in port is their total lack of care for me - a guy that has bought 2 new BMWs from them in the last 6 months for a total of $130k. It seems that once they have your money that you have nothing but a car with no support of any kind. I am starting to believe in Murphy's law.

[teagueAMX]

I'm curious at this point why they have stopped work to help you resolve this issue. Do they feel you really have no recourse and are just flailing in the wind?

The reason I ask is because there are a number of reports from members here that BMW worked with them to make their car right, including buy-backs and upgrades. But I'm wondering if BMW figured in those cases the owners had a clear cut lemon law case, whereas they see your situation differently?

What triggers BMW stepping in a making things right vs what's happening to you?

[Vintage]

I wish I knew the answers to these questions. All I can say is that we did Euro Delivery, so we owned the car for 2-3 months by the time it arrived stateside and damaged. In this manner, it puts me in a much worse position as to leverage in negotiating a solution; at least that is my impression in dealing with BMW. The Welt was awesome but not worth any of this nonsense.

Although numerous members on this site did have helpful BMW experiences, a number on this post and elsewhere have had huge problems and denials only to have legal resolution a year or two later. It may have a lot to do with management at a specific dealer or which representative you receive at BMW NA. Can't we agree that as for these type of complaints, that BMW NA reps may be rewarded for clearing claims for as little money as possible - that is how many insurance adjusters are compensated/paid bonuses each year. If so, that would explain a lot. Again, I have only been as nice as possible but admittedly frustrated.

Originally Posted by teagueAMX

I'm curious at this point why they have stopped work to help you resolve this issue. Do they feel you really have no recourse and are just flailing in the wind?

The reason I ask is because there are a number of reports from members here that BMW worked with them to make their car right, including buy-backs and upgrades. But I'm wondering if BMW figured in those cases the owners had a clear cut lemon law case, whereas they see your situation differently?

What triggers BMW stepping in a making things right vs what's happening to you?

[Chuck76]

Originally Posted by VintageBMW

I have not threatened lemon law and do not intend to; I have not yelled or cussed at anyone. I think I have proposed a reasonable solution. Believe it or not, I picked the car up from the dealer tonight and someone had taken it on a 31 mile joy ride. Yes, that's right, no one claims to have driven it but it came in to the dealer at 1586 miles and left with 1617 miles - what the heck is going on!!! I had a service representative sign the pick-up sheet confirming that someone must have taken it on a date. If I could have worse luck, I did - on the way home not 10 miles from the dealer the adaptive shock warning light came on again. You guessed it, the same problem still exists. I really am at a loss for words at this point - we had not 1 single problem in Germany for 753 miles. Something bad happened in shipment.

To diagnose the adaptive suspension issue they took my car out for a ride. I don't know how long, but the dealer told me they take it out for 30 minutes to ensure the suspension light does not come on again.

[Kief]

Originally Posted by VintageBMW

Again, I have only been as nice as possible but admittedly frustrated.

It's time you stop being nice
Your situation (as you already know) is totally unacceptable. I believe calling BMWNA will get you no where. Try and be more aggressive with the dealer. I think the dealer needs to step up to the plate and correct this situation. From my understanding, dealers have reps visit every week or other week. I find it hard to believe a rep would not buy-back your car. With my wife's first X3, BMWNA bought back the car without question over some very minor issues compared to your situation. Everything was handled through the dealer.

[Vintage]

Originally Posted by Kief

It's time you stop being nice
Y

I guess you are right; I just hate that we are going down this path. We have just hoped that the Dealer or BMW NA would step up and do what was right. That is starting to look hopeless. Can someone tell me what awesome dealer you had so I can buy my next car from them?

[Kief]

Originally Posted by VintageBMW

I guess you are right; I just hate that we are going down this path. We have just hoped that the Dealer or BMW NA would step up and do what was right. That is starting to look hopeless. Can someone tell me what awesome dealer you had so I can buy my next car from them?

Are you a member of Bimmerfest? Check out their ED subforum.

http://www.bimmerfest.com/forums/sho...age+disclosure

Did you ever try and call the ED Dept. (800) 932-0831 to determine what actually happened during transit?

[teagueAMX]

Originally Posted by VintageBMW

I guess you are right; I just hate that we are going down this path. We have just hoped that the Dealer or BMW NA would step up and do what was right. That is starting to look hopeless. Can someone tell me what awesome dealer you had so I can buy my next car from them?

Sounds like you're a really nice guy - they can smell it a mile away! LOL.

Actually, you shouldn't have to be a jerk, but it sounds like you have no choice. And I agree with one of the other posts here, you're dealer isn't doing you any favors and you need to start by getting tough with him. Demand to speak with the dealership owner or at the very least the top dealer exec. Those other people have no interest in helping you or making things right.

Phone receptionists love to push a button and be done with you! Tell them that you only will talk to a real person – demand they walk over and verify the person is at their desk waiting for your call. Better yet – this is really going to suck, but you’ve already wasted 5 months car payments – take a couple of days off from work and hang out at the dealership until you get some real answers.

When having a problem like this, I very seldom deal with the lower members of the customer service food chain. There is an inverse relationship to the amount of authority/power they have to correct real problems and their need to keep you trapped at a certain level. As soon as you suspect they are giving you a standard line or policy gibberish, or won‘t return your calls, or if they do return your call there’s no real resolution, you need to immediately tell them to give you the name and phone of their supervisor. If that’s person isn’t available don’t hesitate demand the name/number of the next one up the food chain, and so on.

WHATEVER YOU DO – DON’T USE VOICEMAIL and USE EMAIL ONLY TO CONFIRM REAL CONVERSATIONS.

Demand to talk to a live person with every exchange. Voicemail and email are for civilized people, not the kind of bastards you’re dealing with in these situations. It never ceases to amaze me what the lower level customer service people will do to other people, but they never imagine being in a similar situation and needing help themselves. You’ll find that you have to go up at least 2 to 3 levels before you start getting satisfactory results.

[bobbydog]

Why don't you write another letter and have all the members here with BMWs sign it and send it to BNA. They should make things right then. I mean I alone have bought 8 new BMWs over the years. And when you show them the number of BMW owners who sympathize with your cause, they'll do the right thing and fast!
I'll be happy to sign your letter.

[Vintage]

Thanks for this information - I will try it Monday and push forward. Also, thanks to you guys recommending getting tough and confirming everything in writing. That started this morning - I will seek out the top General Manager and Ownership.

The Z4 is back in service as the adaptive suspension warning light came on 4 more times yesterday. Yes, it is January 16, 2010 and we still do not have a car or ANY offer from the Dealer or BMW NA to resolve this whole debacle.

Originally Posted by Kief

Are you a member of Bimmerfest? Check out their ED subforum.

http://www.bimmerfest.com/forums/sho...age+disclosure

Did you ever try and call the ED Dept. (800) 932-0831 to determine what actually happened during transit?

[rmorin49]

I see you have 2 2010 BMWs. Your dealer should be doing backflips to assist you and keep your as a customer.