post-delivery problem

twelveup · 12-05-2008, 09:33 PM

I ordered a 135i w/ sport package and 17" wheels w/ all-season tires. (I know, call me crazy for ordering the sport with the "softened" wheel/tire package, but I like the sport seat & steering wheel and, since this is my daily driver, I need at least a sporting chance of being able to go in the snow.)

When I (finally) took delivery of the car, it had 18" wheels w/ summer tires. Dealer was embarrassed and agreed to take care of the problem. About four weeks later - Wednesday before Thanksgiving - they swapped the 18" wheels for the 17"s. When I got home and took a close look at the tires, the tread didn't look very all-season to me. I looked up the tire, and in fact it is a summer tire... Goodyear NCT5. Amazing! I didn't think BMW mounted the 17" wheels (style 142) w/ anything but all-seasons.

I called the dealer the Friday after Thanksgiving, he "couldn't believe it" but said he would make it right. He said he would call back later that day or Saturday. No word as of Tuesday, so I called and left a message for both my salesman and the sales manager. A game of phone tag ensued w/ both of them. Long story just a little less long, today I spoke to my salesman and he said he would still take care of things, but then he really tried to game me by finishing with "you know this is technically an all-season". This is COMPLETE BS!!! Which is what I told him (politely). I later spoke to the sales manager, who also said he would take care of things. We'll see.

Any advice from anyone? Thanks in advance.

DVDA · 12-05-2008, 10:03 PM

Since no one is replying ill ask you some questions...

What is your cause of action? what do you look to achieve? what do you want from the dealer?

twelveup · 12-05-2008, 10:20 PM

When I took delivery the dealer gave me a detailed "We Owe" document. I only want what I originally ordered... new all-seasons (standard BMW issue - I assume something V speed rated).

DVDA · 12-05-2008, 10:53 PM

Well they have to give you what you ordered if not claim you'll take them to court for breach of contract.

Make them know that your not talking out of your ass and you wont be seeking damages or any frivolous claim. You will take them to court in order to get full performance of your contract. The courts will force them to perform the contract fully and make them PAY COURT COSTS...

Its been awhile since i've opened a contract/U.C.C book so i dont know the sections and full extent of remedies anymore...but tomorrow ill look in the books and give you some better "legal jargon"

CoolToolGuy · 12-05-2008, 11:45 PM

I tried to get the 17" as well, but you cannot get 17s with the Sport package in 2009 - I originally configured a 2008 and it was no problem. This was apparently not well communicated to the dealers, as my CA tried to get it into the order, but he couldn't either. So, technically, they would be providing an option not available from the factory. As for the tire choice they made, I can't comment.

Good luck with your struggle.

Have Fun,

12-05-2008, 09:33 PM	#1
twelveup Private 4 Rep 57 Posts Drives: 135i and 328i Sport Wagon Join Date: Sep 2008 Location: Fairfield County, CT iTrader: (1)	post-delivery problem - seeking input I ordered a 135i w/ sport package and 17" wheels w/ all-season tires. (I know, call me crazy for ordering the sport with the "softened" wheel/tire package, but I like the sport seat & steering wheel and, since this is my daily driver, I need at least a sporting chance of being able to go in the snow.) When I (finally) took delivery of the car, it had 18" wheels w/ summer tires. Dealer was embarrassed and agreed to take care of the problem. About four weeks later - Wednesday before Thanksgiving - they swapped the 18" wheels for the 17"s. When I got home and took a close look at the tires, the tread didn't look very all-season to me. I looked up the tire, and in fact it is a summer tire... Goodyear NCT5. Amazing! I didn't think BMW mounted the 17" wheels (style 142) w/ anything but all-seasons. I called the dealer the Friday after Thanksgiving, he "couldn't believe it" but said he would make it right. He said he would call back later that day or Saturday. No word as of Tuesday, so I called and left a message for both my salesman and the sales manager. A game of phone tag ensued w/ both of them. Long story just a little less long, today I spoke to my salesman and he said he would still take care of things, but then he really tried to game me by finishing with "you know this is technically an all-season". This is COMPLETE BS!!! Which is what I told him (politely). I later spoke to the sales manager, who also said he would take care of things. We'll see. Any advice from anyone? Thanks in advance. __________________ 2014 328i X-Drive Sport Wagon, M-Sport. Formerly 2009 135i
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12-05-2008, 10:03 PM	#2
DVDA Major 126 Rep 1,419 Posts Drives: women crazy Join Date: Nov 2008 Location: Tamarac, Florida iTrader: (0)	Since no one is replying ill ask you some questions... What is your cause of action? what do you look to achieve? what do you want from the dealer?
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12-05-2008, 10:20 PM	#3
twelveup Private 4 Rep 57 Posts Drives: 135i and 328i Sport Wagon Join Date: Sep 2008 Location: Fairfield County, CT iTrader: (1)	When I took delivery the dealer gave me a detailed "We Owe" document. I only want what I originally ordered... new all-seasons (standard BMW issue - I assume something V speed rated). __________________ 2014 328i X-Drive Sport Wagon, M-Sport. Formerly 2009 135i
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12-05-2008, 10:53 PM	#4
DVDA Major 126 Rep 1,419 Posts Drives: women crazy Join Date: Nov 2008 Location: Tamarac, Florida iTrader: (0)	Well they have to give you what you ordered if not claim you'll take them to court for breach of contract. Make them know that your not talking out of your ass and you wont be seeking damages or any frivolous claim. You will take them to court in order to get full performance of your contract. The courts will force them to perform the contract fully and make them PAY COURT COSTS... Its been awhile since i've opened a contract/U.C.C book so i dont know the sections and full extent of remedies anymore...but tomorrow ill look in the books and give you some better "legal jargon"
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12-05-2008, 11:45 PM	#5
CoolToolGuy 1er Happy Camper! 27 Rep 474 Posts Drives: '09 135i,'07 X3 Join Date: Oct 2008 Location: Maryland USA iTrader: (0)	I tried to get the 17" as well, but you cannot get 17s with the Sport package in 2009 - I originally configured a 2008 and it was no problem. This was apparently not well communicated to the dealers, as my CA tried to get it into the order, but he couldn't either. So, technically, they would be providing an option not available from the factory. As for the tire choice they made, I can't comment. Good luck with your struggle. Have Fun,
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