SandAddict said:
... The dealer says the injector pump is not covered...
Your friend needs to go to:
http://ecfr. gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=a9b9386ebc88d6a8f9a5b4a84e3fd4c0&rgn=div5&view=text&node=16:1. 0. 1. 7. 72&idno=16
Look for the following wording in Section 701. 3:
"Any warrantor warranting to a consumer by means of a written warranty a consumer product actually costing the consumer more than $15. 00 shall clearly and conspicuously disclose
in a single document in simple and readily understood language, the following items of information... "
"The point in time or event on which the warranty term commences,
if different from the purchase date, and the time period or other measurement of warranty duration... "
Your friend needs to look in the model year 2000 Warranty Information book. The portions of interest are
Section 2. 1 Basic Warranty part D When it Begins &
part E When it Ends. Then he needs to look at
Section 2. 6 Cummins Diesel Engine Limited Warranty part A When it Begins and
part B Parts Covered for 5 Years or 100,000 Miles
What your friend should get from this reading is the fact that the Cummins Diesel Engine Limited Warranty begins
AT THE END OF THE 3/36 BASIC WARRANTY.
The DaimlerChrysler 800. 992. 1997 personnel will refuse to look at the Warranty Information book, claiming that they have the warranty information "in their computer". The fact that the Federal Regulations linked above specifically state "
in a single document" should tell your friend that he doesn't care what's in D/C's computer, only what is in the Warranty Information book given to the consumer.
The Federal Regulations linked above make it real clear that the warranty can only exist in one place—the Warranty Information book—and the Warranty Information book makes it real clear that the Basic
Warranty and Cummins Diesel Engine Limited Warranty run consecutively, not concurrently.
I think D/C is aware of the language in their booklet (the same wording was used model year 2001 - and possibly others) and will stonewall any that challenge them. Dodge dealers will also give you the same story as D/C. This looks to me like a "no-brainer" in small claims court. A class action could also be possible.
The Disclosure Rule quoted above is part of the Magnuson-Moss Warranty Federal Trade Commission Improvement Act, 15 U. S. C. 2301. Some have tried to use other parts of the Magnuson-Moss Act when denied warranty work but have not been in a position to prove that their modification didn't cause the damage. In this case however I think it would be hard for D/C to argue that your friend has somehow manipulated the calendar to extend the warranty on the VP44.
Keep us posted. A lot of us have lots of dollars at stake.