Here is the extract from another mail, same topic.
This is the reason BMW gave for not paying out on the roof motor, followed by my reply.
Roof Motor rejected under warranty
The reason:
drain tubes would require unblocking this would be a cleaning issue
this would not be covered via insured warranty
the motor has failed because of an outside influence and not a manufacture fault of the unit, this has
failed because of a cleaning issue that is excluded from insured warranty'
My reply (short extract from a much longer letter)
Based on this I reject your reasons for refusing the claim, on the following grounds:
1.The blocked drain holes (claimed) are not the reason for motor failure, they are a contributing factor. The reason for motor failure is water ingress through the sealed protective housing, therefore this would be a failure of the protective housing. Something that is covered in the warranty under terms and conditions item 6 ' we will pay for damage caused to a covered part if caused by another covered part' .
2.The term 'Outside Influence' as stated in reason for rejection is not detailed as an exclusion within the warranty document. In fact the term 'Outside Influence' is not used at all under any context.
3.The unit has not failed because of a cleaning issue for the following reasons:
3.1 The roof motor is housed within a protective sealed unit, this unit is situated within a recess inside the cars body work. I understand from speaking with the BMW technician who carried out the work that this recess has 2 drain holes in the bottom to allow any water to run through. It appears that these drain holes have become blocked and water has therefore collected in this recess. I would assume that a sealed protective housing of electrical and mechanical parts would prevent water ingress under these circumstances.
3.2 The area described (the recess) is not accessible without the full removal of the hood structure a job that takes in excess of 2 hours by a trained BMW technician and falls outside of acceptable maintenance expected of the owner. The drain holes cannot be seen from below the car as they sit behind protective panels that would require removal along with the wheels. Again outside the acceptable maintenance expected by the owner.
3.3 BMW do not include a check of the roof motor or surrounding recess area (including drain holes) under any service interval until inspection 2 at 60,000 miles. The car is currently at less than 40,000 miles.
Had a letter of acknowledgement saying it could take up to 6 weeks to respond.
Will let you know if I hear any more.
hence the hardtop purchase thought. If anything it sounds more laboured going down than up! I need to sit in someone else's car and comfort myself that all is well :?