Originally Posted by SETTLEMENT AGREEMENT CASE NO. CV 06-06753 DDP (AJWx)
III. SETTLEMENT CONSIDERATION
BMW agrees to provide the following consideration to the Class in settlement of the Action:
A. National Sub-Frame Inspection and Repair Program
BMW will implement a National Sub-frame Inspection and Repair Program.
Under this program, Class Members who own or lease a Class Vehicle with the Sub-Frame Condition or later develop the Sub-Frame Condition with an expired new car, certified pre-owned, or BMW extended warranty will have one year from the Effective Date to present their vehicles for inspection and, if needed, repairs of the Sub-Frame Condition at an authorized BMW dealership in the United States.
Class Members who own or lease a Class Vehicle with the Sub-frame condition with a non-expired new car certified pre-owned, or BMW extended warranty, as of the Effective Date, will have one year from the expiration of their warranty to present their vehicles for inspection and, if needed, sub-frame repairs at an authorized BMW dealership in the United States.
Class Vehicles presented within the above time frame and determined by an authorized BMW dealer to have the Sub-Frame Condition shall be repaired free of charge to the Class Member for the Sub-Frame Condition. Repairs to the Class Vehicle, other than for the Sub-Frame Condition shall be borne exclusively by the Class Member including but not limited to replacement of worn or obsolete parts that are not part of the sub-frame assembly.
Sub-frame assemblies of Class Vehicles damaged as the result of an accident will not be eligible for repair under the National Sub-Frame Repair Program. Sub assembled previously repaired and for which the Class Member has been fully reimbursed by BMW NA will not be eligible for repair or reimbursement under the National Sub-Frame Repair Program. BMW will adhere to its established warranty procedures in conducting repair under the National Sub-Frame Inspection and any Service Bulletins it issues relating to repair of the Sub-Frame Condition.
To promote efficiency and customer convenience, BMW NA and Class Counsel will agree to a schedule to stagger notice to class members of notice of their rights to inspection and repair and/or stagger scheduling of inspection or repair based on class member vehicle VIN ranges. lf circumstances require that BMW NA deviate from the agreed upon schedule, it will confer with Class Counsel for purposes of modifying the agreed upon schedule.
After the date of the initial mailing of the Class Notice and before the Effective Date of Settlement, if a Class Member presents his/her Class Vehicle to an authorized BMW dealer for purposes of conducting an inspection to determine if the vehicle requires sub-frame repairs, and is charged for an inspection cost by the BMW dealer, the inspection cost incurred by the class member shall be reimbursed by BMW NA within the later of 60 days of the Effective Date or receipt of claim by BMW NA.
B. Reimbursement For Sub-Frame Inspection and Repair Expenses
BMW will reimburse in full, as set forth below, Class Members for their out-of pocket expenses paid by the Class Member for Class Vehicle sub-frame repair conducted prior to the Effective Date of settlement.
Reimbursements are limited to actual repair costs. To obtain reimbursement, Class Members must complete a claim form, substantially in the form attached hereto as Exhibit A-2, and mail it to the Claim Administrator, postmarked no later than the Claims Deadline.
For repairs completed prior to the Effective Date of Settlement at repair facilities other than an authorized BMW dealership, BMW shall (i) reimburse customers, up to, but no more than the number of work hours allotted in the current BMW repair procedure, at the repair facility's standard hourly rate at the time of repair, and (ii) any costs charged to the customer for parts related to the sub-frame assembly.
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