Goglio704 wrote:
...How do you know it didn't exceed the spec when you bought it? Maybe they just reduced it down to the spec…
There's a fallacious argument - if I've ever seen one. We are not talking about moving targets or intangibles here. The specifications are whatever DCX published in it's documentation and sales materials when the vehicle was brought to market - within reasonable tolerances of course. There's no ambiguity here. Again we are talking about the published specifications for this vehicle and what the vehicle is required to be able to produce - in terms of torque - within reasonable tolerances.
I discussed - in another post - lawsuits involving similar cases where auto manufacturers have stated, and sold vehicles with, performance specification numbers that couldn't be delivered. I'll repost here a couple of links that make for interesting reads regarding this subject:
http://www.consumeraffairs.com/news04/hyundai_settlement.html
http://www.detnews.com/apps/pbcs.dll/article?AID=/20060313/AUTO01/603130350/1148
Just a couple of highlights:
1) Hyundai overstated Horse Power figures on about 1.3 million cars, sold from the mid '80's to 2002.
2) Hyundai "misstated" H.P. by as much as 10%.
3) Hyundai estimated that the average misstated h.p. figure among all 1.3 million vehicles was [only] 4.6 horsepower.
4) Ford was apparently sued because of an "under-powered" Mustang and 2001 Miata's that were rated for 155 H.P., but in reality only produced 142 H.P..
5) Nissan was apparently sued over the Infinity Q45 because it's 0-60 time was about 1 second longer the what Nissan had claimed.
I've provided this information to make a point - that point being - it's not unheard of for vehicle manufacturers to get sued over this kind of thing.
In essence
it appears that DCX has - with their so called CSN fix - sold (for a premium - for the Diesel engines) the consumer vehicles that have performance specification numbers for which DCX can't, or won't deliver. To me that constitutes fraud. DCX has offered to provide a fix (for an engineering failure) that does not return the vehicle back to, or meet, the vehicle’s original specifications. That to me sounds like a possible violation of the warranty.