BMW Software Updates - Can they Charge? SOG act?
BMW Software Updates - Can they Charge? SOG act?
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Discussion

BMWBen

Original Poster:

4,906 posts

231 months

Friday 13th February 2009
quotequote all
I was having a thought...

Do BMW charge for software updates in the UK? I know they do in the USA.

If they do, how do they get away with it considering the Sale of Goods act?

Surely the production of a software update admits that there was a fault in the software that the car was supplied with? That means there was a defect when they sold it... If there was a defect when the sold it they have to rectify.

How can they charge?

ATM

21,394 posts

249 months

Friday 13th February 2009
quotequote all
Having worked in the world of software then surely this is similar. You have to pay for newer versions of office or windows so why would the bmw stuff be different. Yes I know Microsoft give updates for free but version changes are different. Plenty of companies out there charge you for updates to stuff anyway. They are not njecessarily admitting to bugs but saying they have made improvements which you can choose to buy from them. This is all guess work obviously.

MitchT

17,129 posts

239 months

Friday 13th February 2009
quotequote all
Depends what he software update is for. If there is such a major flaw in the software that the car isn't fit for purpose then I agree, it should be free (and quite possibly is). But if they're 'enhancing' something that was already working properly then I wouldn't think they had any obligation to provide it free of charge. Of course, you would have the right to decline the update if that were the case.

pgilc1

40,169 posts

227 months

Friday 13th February 2009
quotequote all
Any time i've had it done it was to fix a problem and it was free - though under new car and used car warranties respectively.

Surely they get round it by BMW saying the upgrade is 'free' its just that you pay the dealers time to install it.

In the same way that microsoft may give you the software update 'free' but if you werent capable of installing it yourself you would pay someone to do it?


BMWBen

Original Poster:

4,906 posts

231 months

Saturday 14th February 2009
quotequote all
ATM said:
Having worked in the world of software then surely this is similar. You have to pay for newer versions of office or windows so why would the bmw stuff be different. Yes I know Microsoft give updates for free but version changes are different. Plenty of companies out there charge you for updates to stuff anyway. They are not njecessarily admitting to bugs but saying they have made improvements which you can choose to buy from them. This is all guess work obviously.
That is true I suppose... If the thing definitely works as it was supposed to and they're just modifying the behaviour as a preference then that is valid.

Where a "problem" is fixed, they'll have to give it for free.

skeeterm5

4,587 posts

218 months

Saturday 14th February 2009
quotequote all
I dont see microsoft giving away their updates! The SOG act wouldnt apply unless you could demonstrate the car was not fit for the purpose for which it was sold, hardly the case i think.

I have had my software updated to fix a problem and this was done under the AUC scheme.

S

< FORZA WEST

1,038 posts

239 months

Saturday 14th February 2009
quotequote all
Bm call this enhancement or software enhancement, this means they can charge for the upgrade...
If there is a flaw in a software which for eg may put an airbag light on or cause engine running issues as is seen across an entire chassis range then they call that Quality enhancment, this is then done free on the next visit.

They would never admit to a flaw in any product. Otherwise they would be constantly bringing the vehicles in on recalls

Fox-

13,575 posts

276 months

Saturday 14th February 2009
quotequote all
skeeterm5 said:
I dont see microsoft giving away their updates!
I do - service packs etc fixing issues and introducing the odd new yet non groundbreaking feature are completely free of charge.

skeeterm5

4,587 posts

218 months

Saturday 14th February 2009
quotequote all
service packs - yes i had forgotten about them!

S