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Hmmm, yeah, that's strange. He did mention that it's an issue with the "communication tools", so while the engine and tunes may be the same, it could be a matter of needing to unlock the new ECUs using the tools they have.
I have a BMW dealer 15 minutes away from me who appears to be the only Carbahn dealer in all of Illinois, so this would definitely be the way to go with warranty in mind.
He was also pretty straightforward about warranty work - basically if BMW rejects it, and it should be easy to prove if the tune caused it, then they would cover the cost. I don't think they would ever get into a lengthy argument who needs to cover it, or their partnership would probably be on thin ice by now.
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