Common use of Required Proof Clause in Contracts

Required Proof. In order for a claim to be eligible for reimbursement pursuant to Section III, Settlement Class Members must submit a Claim Form to the Claims Administrator that is post-marked during the Claims Submission Period or submitted through the online portal during the Claims Submission Period and include: a. a legible repair order from an authorized BMW Center or independent repair facility licensed to perform such repairs that identifies a Settlement Class Vehicle and VIN, the part number(s) used, and the cost of the repair, with parts and labor separated; b. documentation that identifies the owner/lessee of the Settlement Class Vehicle (i.e., a true copy of a vehicle title or registration) at the time of the repair; c. proof of payment, in the form of a canceled check, credit-card receipt, credit-card statement, or receipt from the repairing entity demonstrating that the Settlement Class Member paid for the amount(s) sought for reimbursement; d. the mileage of the Settlement Class Vehicle at the time of repair; e. the nature of the repair and the part(s) used in the repair; f. the date of repair; and g. evidence of adherence to regular oil changes in accordance with the Class Vehicle’s Condition Based Service Indicator. Documents evidencing a claimant’s adherence to the relevant aspects of the vehicle maintenance schedule during the time they owned the vehicle are required, in particular, scheduled oil changes up to date/mileage of replacement/repair, within a variance of 1,000 miles of the scheduled time or mileage maintenance requirements. However, in the event maintenance records cannot be obtained despite a good faith effort to obtain them, the claimant may submit a declaration under penalty of perjury detailing what efforts were made to obtain the records, who he/she communicated with and when, why the records were not available, and attesting to adherence to the maintenance schedule and, in particular, scheduled oil changes up to the date/mileage of the replacement/repair, within the variance set forth above.