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10-22-2015LAST POST
If you have the time and funds, you might consider getting a lawyer familiar with the Magnuson–Moss Warranty Act.

While most people would assume an engine tune voids your warranty, it's pretty clear that the tune has nothing to do with the S65 rod bearing issues unless there is evidence of severe detonation. The burden is on them to prove that it was caused by the tune.

I'm not sure how likely success is, but for 25k I'd fight hard. BMW knows this is a design flaw, they are just looking for a way to screw you.
Zzhou wrote
Dealer knew that I had tune since years ago.
Oh, that sucks. Good luck!
chris719 wrote
If you have the time and funds, you might consider getting a lawyer familiar with the Magnuson–Moss Warranty Act.

While most people would assume an engine tune voids your warranty, it's pretty clear that the tune has nothing to do with the S65 rod bearing issues unless there is evidence of severe detonation. The burden is on them to prove that it was caused by the tune.

I'm not sure how likely success is, but for 25k I'd fight hard. BMW knows this is a design flaw, they are just looking for a way to screw you.
thats incorrect. You have to prove, YOUR aftermarket part didnt cause the failure.
pbonsalb wrote  
Maybe a drifter staying up near the limiter?
I do that all the time :lol:

this is exactly why I got rid of my tune after I started tracking hard. just no fussing around.
M3 Number 86 wrote
I do that all the time :lol:

this is exactly why I got rid of my tune after I started tracking hard. just no fussing around.
Tunes have nothing to do with naturally aspirated motors blowing at the track. NOTHING.
Killerfish2012 wrote
Tunes have nothing to do with naturally aspirated motors blowing at the track. NOTHING.
I agree with you here unless it is some hack no name tune. My car runs beautifully on the evolve tune and it has seen 14 hour mountain days running as hard as you can on the street from 1000' of elevation to over a mile and back in short periods of time. Never a hiccup.
Killerfish2012 wrote  
M3 Number 86 wrote
I do that all the time :lol:

this is exactly why I got rid of my tune after I started tracking hard. just no fussing around.
Tunes have nothing to do with naturally aspirated motors blowing at the track. NOTHING.
I never said that and meant they just cause a headache when you blow an engine just like in ops case. that's why I got rid of it. make sense now?

edit: how can you say that indefinitely though? the tunes on these cars are not individually dyno tuned and no two cars are the same. if you are playing with parameters to play with performance on a car that is arguably already tuned to its safe limits from the factory, wouldn't it create a little risk?

tell me how a tune doesn't play a risk at all? there are tunes that take the car to 9k redline. you're saying that would have nothing to do with it if I was bouncing off 9000 rpms over and over?
Doc Oc wrote  
Killerfish2012 wrote
Tunes have nothing to do with naturally aspirated motors blowing at the track. NOTHING.
I agree with you here unless it is some hack no name tune. My car runs beautifully on the evolve tune and it has seen 14 hour mountain days running as hard as you can on the street from 1000' of elevation to over a mile and back in short periods of time. Never a hiccup.
can't really compare mountain days to track though.
Tunes that raise redline certainly do contribute to possible wear. Otherwise as long as using correct octane
M3 Number 86 wrote
can't really compare mountain days to track though.
True but I was talking more about quick elevation changes that can play havoc on the ECU. Raising redline is obviously harder on the car (not sure what real benefit that has anyway) but as far as adjusting the perimeters of the ECU, from what I understand the computer won't let the car go out of the "safety zone" regardless of where the perimeters are set, no?
Doc Oc wrote  
M3 Number 86 wrote
can't really compare mountain days to track though.
True but I was talking more about quick elevation changes that can play havoc on the ECU. Raising redline is obviously harder on the car (not sure what real benefit that has anyway) but as far as adjusting the perimeters of the ECU, from what I understand the computer won't let the car go out of the "safety zone" regardless of where the perimeters are set, no?
don't know because technically that can mean a tune does nothing lol.
Ezio wrote
thats incorrect. You have to prove, YOUR aftermarket part didnt cause the failure.
You don't have to "prove" anything, you may have to convince a jury. Who knows what a jury would believe, but there is plenty of evidence that this failure has nothing to due with aftermarket DME software. In most cases you have no chance, but since there are a lot of rod bearing failures maybe you do. I am sure BMW would not enjoy the discovery process unearthing any details on the real failure rate of the S65 due to rod bearings, maybe they would settle...
chris719 wrote
You don't have to "prove" anything, you may have to convince a jury. Who knows what a jury would believe, but there is plenty of evidence that this failure has nothing to due with aftermarket DME software. In most cases you have no chance, but since there are a lot of rod bearing failures maybe you do. I am sure BMW would not enjoy the discovery process unearthing any details on the real failure rate of the S65 due to rod bearings, maybe they would settle...
You are right let me say it again.

you have to pay money to hire a lawyer, you have to get a court date(who knows when), Then have to convince random people that BMW is wrong. All while your car sits in a lot with a busted engine for part that broke because of BMW.

Ya i am sure the 15 extra HP, raised redline, and cold start delete was worth the hassle. :rolleyes:

totally worth the risk.
I agree with you. I would never tune an S65.

I would fight over 25k though...
Ezio wrote
Ya i am sure the 15 extra HP, raised redline, and cold start delete was worth the hassle. :rolleyes:
totally worth the risk.
Tune features are customizable, thus he did not have a raised redline. Just clarifying.
chris719 wrote
I agree with you. I would never tune an S65.

I would fight over 25k though...
i would tune a S65 under the right conditions. Like out of warranty/high miles putting a supercharger on, have a lot of money that i don't care if my engine went.

Also would get a extended warranty.
Killerfish2012 wrote
Tune features are customizable, thus he did not have a raised redline. Just clarifying.
lol
Ezio wrote
i would tune a S65 under the right conditions. Like out of warranty/high miles putting a supercharger on, have a lot of money that i don't care if my engine went.

Also would get a extended warranty.
Yeah but good luck getting the extended warranty to cover you with a tune if the engine blows. Almost the same situation as OP.
chris719 wrote
Yeah but good luck getting the extended warranty to cover you with a tune if the engine blows. Almost the same situation as OP.
maybe i need to make my points more clear. I would have the extended warranty with no tune.

I would only tune if the car didn't have a warranty or i simply did not care- (which i did on my camaro)

OP tuned his car, and a OEM part caused failure. Happens all the time sadly.
Ezio wrote
lol
:rolleyes: Just clarifying your miss-information.
chris719 wrote
Yeah but good luck getting the extended warranty to cover you with a tune if the engine blows. Almost the same situation as OP.
+1. He's not making sense.
Engine arrived last week, dealer said car will be fixed by the end of next week. Anyone knows does the new engine has break-in period? Under 4500rpm for the first 1200miles? Also engine cost about 19000, and labor around 4000, that's what my dealer gave me.
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