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If adding a JB4 and the additional extra power can be shown to be partially responsible for hurting the drivetrain, it's not as innocent as you make it sound and isn't explicitly covered by Magussen Moss. BMW has become pretty clear about (accurately or not) stating the max torque capabilities of their transmissions as being pretty close to the stock limits, which puts most tunes well outside of spec, potentially allowing BMW to deny transmission issues on clearly tuned cars. Again, since Dinan covers these things, it's why some people go that route. It's all a matter of risk, neither choice is right or wrong.
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