RTuvell said:
ceaman,
Would you mind posting a "complete story". I have been following this thread and this is the first I heard that you were involved in arbitration. There are tons of question that come to mind:
What was your basis for arbitration?
Did your add-on box come up?
What was determined to be the cause of your engine failure?
What was the "defect covered by the warranty" cited by the arbitrator?
What position did DC take during arbitration?
What other details can you share with us?
This is a complete posting of the complaint, hearing, and decision from the arbitration decision letter:
The Customer states the engine stutters, loss of power at highway speeds, The vehicle has poor fuel economy, the check engine light comes on, hard cold starting, and a power train whine. The Customer requests that the vehicle be repaired or replaced.
Summary of Presentation:
The Parties presented and I reviewed and considered the following evidence: Demand for Binding Arbitration Form dated March 3, 2004; response from XXXXXX Chrysler dated may 26th, 2004; Response from XXXXXX Dodge dated May 28, 2004; Manufacturers response dated May 28, 2004; repair orders dated March 4, 2004 and April 22, 2004 from XXXXXX Chrysler; repair orders dated March 9,2004, March 16 2004, April 7, 2004, April 13, 2004, from XXXXXX Dodge; and a repair order dated November 22, 2004 from XXXXXX dodge, inc. submitted at the hearing with two (2) engine photos.
The position of the Customer was that he has had problems with a stuttering engine , loss of power, poor fuel economy, power train whine, and hard starting since purchase. The problems persisted until November 22, 2004, when he experienced engine failure and the vehicle was towed to XXXXXX Dodge Inc. where he was told a new engine was required.
Customer has requested that the vehicle be replaced.
The position of the dealer was while they were able to duplicate the problem on March 9, 2004, subsequent attempts to duplicate were unsuccessful and Star Technical Hotline could not advise further action.
The position of the manufacturer was by a written statement received June 1, 2004. DamlerChrysler Stated that after all the testing and diagnosis the result is the vehicle is operating within specifications and no repairs are necessary. The manufacturer will continue to fulfill the obligations of the warranty.
Decision:
After reviewing the complaint (s) and hearing the proofs and arguments of the parties and taking into consideration the applicable manufacturer’s new vehicle warranty, and applicable warranty law including the state statute currently referred to as the “lemon law,” and after due deliberations, I find the award as follows:
The customers request for replacement vehicle is hereby AWARDED.
I have reached this conclusion because I am convinced there is a defect covered by the warranty that substantially impaired the use and safety of the vehicle. Both the number of repair attempts and the days out of service are unreasonable.
DamlerChrysler Motors Company LLC shall replace the Customer's vehicle.
The customer shall select a comparable new and unused Chrysler/Plymouth/Dodge/Jeep product (excluding Mercedes-Benz) from an authorized Chrysler/Plymouth/Dodge/Jeep Dealer.
The customer shall pay a mileage usage fee calculated as follows:
Purchase Price X 6,479 miles (mileage at first repair attempt), divided by 100,000.
The dealer determined the engine failure was from bad injector. 
Attention: TDR Forum Junkies 
