Dealer declined repair under warranty

[H2OSKIR]

Our car: 2008 128i Convertible took delivery at The Welt June 6, 2008.

June 1, 2012 called for an appointment to get non-working wire in rear window defroster fixed. Set up for first appointment with loaner car available on June 13th. (Back to June 1 - Received email from service advisor confirming appointment with requested repairs affirmed.) June 13th while dropping car off for repair I was informed that car was no longer under warranty that it needed to be "written up" and/or diagnosed before warranty expiration date. They agreed to diagnosis repair at no charge. June 14th - got a call confirming bad rear window defroster and on the convertible the whole top needs to be changed at cost to me of over $2500. I asked if it was dealer policy or BMW NA policy that car must be in shop for repair before the warranty expiration date. He said it was BMW NA.

Can anybody affirm that it is BMW NA's policy that car must be seen in shop before the actual date?
Other's have my experience of setting up appointment while still under warranty?
Any convertible owners have their defrosters fixed with out having to replace the whole top?

[Anvil]

I am no lawyer but I believe that the dealer is being absurd. You registered the complaint prior to the warrantee having expired. It sounds like you could make a case that it was the dearer that could not book you until after the expiration date.

Going to the regional rep might yield positive results. The dealership has to justify the claim to get their money from BMW. The regional rep may have the authority to decide in your favor.

[H2OSKIR]

Is there a straight forward way to contact my regional rep?

[Anvil]

H20SKIR,

I have not had to go in that direction as the dearship that provides service for, Sudbury BMW, me has been very good.

Perhaps doing a serch on this forum might help. i am sure that others before us have had to contend with issues of warranty. If there is nothing there perhpas contacting BMWUSA would help. I am sorry that I cannot help more.

Godd luck. That is a big dollor amount that could have and, I think, still should be covered.

[Xios135]

My car is going in next week for it's third new top becasue of this same issue. Fourth replacment top in total.