SULEV warranty coverage for cylinder head issue?

[rspst14]

Maybe someone here can help me interpret this paragraph in the service and warranty booklet:

"For 15 years or 150,000 miles, whichever occurs first:
1. If your vehicle fails a Smog Check inspection, all necessary repairs and adjustments will be made by BMWNA to ensure that your vehicle passes the inspection. This is your emission control system PERFORMANCE WARRANTY."

2. If any emission-related part on your vehicle is defective, the part will be repaired or replaced by BMWNA. This is your emission control system DEFECTS WARRANTY.



BMWNA wasn't any help, they told me to contact my service advisor. My service advisor told me to contact BMWNA. My 2010 128i is covered under this warranty for 15 years/150,000 miles, I've had a number of parts replaced at no cost under the defects warranty and it's usually straightforward. Anything on the list is covered, anything not on the list isn't. Until now, I've never needed to invoke the performance warranty.

I've been getting a fault code for a secondary air pump, the dealer replaced the pump and the valve under warranty but the light came back on two days later. I took it back in and they ran some further tests, they're now telling me that the pump, valve, and oxygen sensors are all working, but the airflow is blocked by carbon buildup in the cylinder head. That's causing the check engine light, and they quoted me $4500 to fix it. This issue will cause it to fail the state emissions test. The car has 96,000 miles on it and I had hoped to get another two years out of it, but there's no way I'm spending that much on a repair. If it isn't covered under this warranty, I either have to call around to get quotes from an independent shop or just sell it and buy a new one.

The cylinder head is not an emissions part and is not on the list, but the wording in this warranty document seems to suggest it should be covered under the performance warranty because it causes the car to fail an emissions test. I even found a thread on E90post in which someone with the exact same issue claims to have gotten it covered. I had hoped to contact the user who posted it for details, but he hasn't been active on the site in two years.

Does anyone know what happens if your emissions test failure is caused by a non-emissions part? Is there anyone I can escalate this to for an answer? Any help would be appreciated. Thanks.

[spidertri]

What code are you getting?

It almost sounds like the car has to officially fail the emissions test before BMW will step in and enact the performance warranty.

[rspst14]

Originally Posted by spidertri

What code are you getting?

It almost sounds like the car has to officially fail the emissions test before BMW will step in and enact the performance warranty.

P0492, secondary air injection system insufficient flow, bank 2. They already replaced the pump and the valve under the SULEV warranty, but I'm still getting the fault code. Further testing showed that the airflow was blocked at the cylinder head. My service advisor tells me that a check engine light for an emissions issue will cause the car to fail the emissions test.

They're still insisting the repair isn't covered because a cylinder head isn't a covered SULEV part, but the performance warranty doesn't say that it has to be on the list. It just says that BMW will make all necessary repairs if the car fails an emissions test. BMW tells me it's up to the service manager to determine warranty eligibility, which is flat-out wrong because the warranty is through BMW, not the dealership. BMW has to authorize the repair.