Failed gearbox under 3 month warranty

ClioWillow

I bought a BMW X2 (2018 mileage 79k) which has a recurring, random "drivetrain" fault occurring 9 times over the past 3 months. Fortunately, the car is just inside the warranty. The dealer had the car back, used diagnostics and serviced the gear box but this did not solve the issue. After continued complaint, the dealer agreed for the car to have a diagnostic test at my local BMW dealership; I live a distance away from the dealer. The fault codes are, of course,  the same codes that came up before, however, BMW's diagnostic equipment says "replace transmission". I can't help but think the dealer had the same red flag but chose to ignore it! The dealer has suggested a recon. gearbox as they do not want to pay out for a new one at 6-8K. I am concerned at having a recon gear box not knowing the age and mileage of said gearbox, the guarantee offered and my car not being easy to resell in the future. I think the replacement gearbox should be new like other replacement components. What are my rights here?

facade

Your rights are a working gearbox. The dealer really gets one chance at repair and you can request to return it for a refund.

This might be a replacement with a used gearbox from a breakers.

Your gearbox (if it wasn't broken) is 6 years old with 79K miles on it. A brand new one would be betterment. A reconditioned one will still put you in a much better position than you would be if you had a 79,000 mile gearbox.

ClioWillow

Thanks Facade,
The car is currently driving fine except for when the drivetrain comes up and then it goes into "limp mode" which is with slightly less power to protect the gearbox/engine. Once the engine is turned off it clears, then, on restarting is fine again. However, there is clearly an issue with the fault codes. I don't think the law is on my side regarding a "new gearbox", but I would never of bought the car if it had a recon gearbox  fitted for the price I paid. What do you think my chances?

secla

if its actually a properly recon gearbox it will have been stripped and inspected and any worn parts replace. still a lot better than a used box with 79k on it.

Check the terms of the warranty it will probably say somewhere if repairs are required to use new parts but fitting a recon rather than a brand new unit still gives a fair amount of security as the box itself should come with some sort of warranty

HillStreetBlues

facade said:

Your rights are a working gearbox. The dealer really gets one chance at repair and you can request to return it for a refund.

This might be a replacement with a used gearbox from a breakers.

Your gearbox (if it wasn't broken) is 6 years old with 79K miles on it. A brand new one would be betterment. A reconditioned one will still put you in a much better position than you would be if you had a 79,000 mile gearbox.

Which the dealer has had, so up to OP if they want a refund.

Goudy

Is this the 8 speed auto by any chance?
The X2 is based on the Mini Countryman and unlike BMW's solely RWD models, the autos use Aisin's 8 speed auto.
(The SDrive versions used a 7 speed dual clutch)

It appears in a lot of different cars under various pseudonyms and hasn't been known to be the most reliable gearbox, particularly early versions of this gearbox.
I believe there were at least 8 revisions of this gearbox over the space of a few years, someone somewhere knew it had problems.

Hard shifts, lurching when changing, hesitant to change, shuddering at idle and rattling are all common gripes.

As with a lot of mechanicals, specialists pop up that understand the problems and will generally fix/recondition parts better than they left the factory.
Importers like BMW UK and dealers just don't bother, they just fit a new one and hopefully get the customer to pay. They don't care about a proper "fix" just how much it does or doesn't cost them.

I wouldn't be put off by a recon gearbox, as long as it came from a reputable company.

If you do have this gearbox, you might see or hear a couple of codes mentioned.
4204F1 and 421841.
These are internal temp and pressure faults which I hear might be due to blockages in the oil ways, probably something broken up blocking them.

But it could be due to lack of fluid changes. 
This is a contentious subject, BMW and some other users of this gearbox state it's sealed for life when it fact it isn't, it's just blood awkward to do and this gearbox doesn't have a filter within the gearbox.
 

400ixl

Provided it is a reconditioned gearbox rather than a recycled one (and they will supply the guarantee that goes with it) then that is a good solution.

As you have given them the one opportunity to fix (you said they took it back to do this) then you could go down the rejection route. But you have to take into consideration that you won't get all of your money back, they can make a deduction for use to date. How many miles have you done in it since you have had it?

Mildly_Miffed

ClioWillow said:

but I would never of bought the car if it had a recon gearbox  fitted for the price I paid.

How would you have ever known?

For all you know, the original gearbox failed a month before the previous keeper traded it in, and it had a used one from a scrappy put in. There is no way to know.

chrisw

I would have no issue at all with a recon gearbox. As said, all the relevant wearing parts will have been replaced and if done properly, it will be much the same as a new box. It will have no effect on resale whatsoever. No one would know, or you could tell them and use it as a plus selling point.

ClioWillow

Thanks everyone I have had some great advice. 
Yes it is an 8 speed auto 2l diesel and the fault codes mentioned are exactly the same.
I feel more at ease with the installation of a recon gearbox but I am going to pitch first by requesting a new gearbox or full refund and take it from there.
I have been very happy with the car in every other respect and until it faults and goes into limp mode, it drives well.

caprikid1

I think it's interesting to remember that you purchased a Vehicle with a second hand gearbox that was 6 years old who's history you knew little about. It had 4 part worn tyres fitted.

I find it odd that people will buy a vehicle with 6 year old components but not want one with recently reconditioned components....