Clemens

FACTS

Clemens bought a new 1998 Dodge Neon from an indepen- dent Dodge dealership. After driving the car for approxi- mately 50,000 miles, Clemens noticed that the engine had begun to leak oil. The oil leak worsened, and when the odom- eter reached 60,000 miles, Clemens performed some research on the internet and learned that head gasket failure (and resulting oil leaks) were a common problem on this model automobile.

In September 2002, a Chrysler-authorized service center referred Clemens to a customer service hotline, which denied his request for a repair discount. Rather than pay for the repair, Clemens replaced the head gasket himself at a cost of $70, videotaping the repair process. He claims that, had he known the head gasket was likely to fail, he would not have purchased a Dodge Neon.

DaimlerChrysler provided the following express warranty with the automobile:

The Basic Warranty covers the cost of all parts and labor needed to repair any defective item on your vehicle that was supplied by Chrysler—that is, defective in material, workmanship or factory prepa- ration. There is no list of covered parts since the only exception is tires. You pay nothing for these repairs.…