UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF … · Porsche Cars North America, Inc....

1

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF GEORGIA

MICHAEK XU and DANIEL VAZ-

POCAS on behalf of themselves and

all others similarly situated,

Plaintiffs,

v.

PORSCHE CARS NORTH

AMERICA, INC.,

Defendant.

CASE NO. 1:20-cv-00510-AT

DEFENDANT PORSCHE CARS NORTH AMERICA, INC.’S

MOTION TO DISMISS

Defendant Porsche Cars North America Inc. (“PCNA”), by and through its

undersigned counsel, respectfully requests that this Court enter an order dismissing

Plaintiffs’ Complaint. In support of its motion, PCNA submits its Memorandum of

Law in support of its Motion to Dismiss, filed concurrently herewith, and the

exhibits annexed thereto. As set forth in the accompanying memorandum of law,

Plaintiffs’ Complaint fails to plead facts sufficient to demonstrate that they are

entitled to relief against PCNA and, accordingly, should be dismissed by this Court.

This 26th day of February, 2020.

By: Christopher G. Campbell

Christopher G. Campbell

Georgia Bar No. 789533

Case 1:20-cv-00510-AT Document 12 Filed 02/26/20 of 3

2

Brendan G. Krasinski


Delia G. Frazier

Georgia Bar No 940667

DLA Piper LLP (US)

1201 West Peachtree Street, Suite 2800

Atlanta, Georgia 30309

Tel: (404) 736-7800

[email protected]

[email protected]

[email protected]

and

William F. Kiniry, Jr. (Admitted Pro

Hac Vice)

Matthew A. Goldberg (Admitted Pro

Hac Vice)

DLA Piper LLP (US)

1650 Market Street, Suite 5000

Philadelphia, Pennsylvania 19103

Counsel for Porsche Cars North

America, Inc.


3

LOCAL RULE 7.1D CERTIFICATE

The undersigned hereby certifies that the foregoing has been formatted in

Times New Roman font, 14-point type, which complies with the font size and point

requirements of Local Rule 5.1B.

CERTIFICATE OF SERVICE

I hereby certify that, on this 26th day of February, 2020, I electronically filed

the foregoing DEFENDANT PORSCHE CARS NORTH AMERICA, INC.’S

MOTION TO DISMISS with the Clerk of Court using the CM/ECF system, which

will send e-mail notification of such filing to all attorneys of record.

Dated: February 26th, 2020.

By: /s/ Christopher G. Campbell



UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF GEORGIA

MICHAEK XU and DANIEL VAZ-

POCAS on behalf of themselves and

all others similarly situated,

Plaintiffs,

v.

PORSCHE CARS NORTH

AMERICA, INC.,

Defendant.

CASE NO. 1:20-cv-00510-AT

DEFENDANT PORSCHE CARS NORTH AMERICA, INC.’S

MEMORANDUM OF LAW IN SUPPORT OF MOTION TO DISMISS

Case 1:20-cv-00510-AT Document 12-1 Filed 02/26/20 Page 1 of 157

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TABLE OF CONTENTS

Page

I. INTRODUCTION ........................................................................................... 9

II. BACKGROUND ............................................................................................. 9

A. PCNA Publicly Disclosed the Alleged Defect ...................................... 9

B. The “Manufacturing Quality Issue” Publicly Disclosed by PCNA

Allegedly Manifested in Plaintiffs’ Vehicles ...................................... 11

III. ARGUMENT ................................................................................................. 12

A. Plaintiffs Fail to State a Claim for Breach of the Implied Warranty of

Merchantability under California and New Jersey Law ..................... 12

1. Plaintiff Xu’s implied warranty claim is time barred. .............. 12

2. Plaintiff Xu has not alleged vertical privity with PCNA. ......... 14

3. Plaintiff Vaz-Pocas’ implied warranty claim is time barred. ... 15

B. Plaintiffs Fail to State a Claim for Breach of Implied or Express

Warranties under the MMWA ............................................................. 16

1. Plaintiffs did not provide PCNA with adequate pre-suit notice

of their MMWA claim. ............................................................. 16

2. Plaintiffs have not stated a claim under New Jersey or

California warranty law to support this MMWA claim............ 18

C. Plaintiffs Fail to State a Claim for a Violation of the CLRA .............. 19

1. Plaintiff Xu has not satisfied the CLRA’s pre-suit notice

requirement. .............................................................................. 19

2. Plaintiff Xu’s CLRA claim is time-barred. ............................... 20

3. The CLRA does not afford a remedy for latent defects that

manifest outside the warranty period. ....................................... 21


ii

D. Plaintiffs Fail to State a Claim for a Violation of California’s Unfair

Competition Law ................................................................................. 24

1. Plaintiff Xu’s UCL claim is time barred. .................................. 24

2. Xu has not alleged facts sufficient to state a claim under any of

the UCL’s three prongs. ............................................................ 25

E. Plaintiffs Fail to State a Claim for a Violation of New Jersey’s

Consumer Fraud Act ........................................................................... 27

F. Plaintiffs Cannot Maintain a Claim for Unjust Enrichment ............... 29

1. Vaz-Pocas cannot allege a direct relationship with PCNA to

support an Unjust Enrichment claim under New Jersey law. ... 29

2. Unjust Enrichment is not a standalone cause of action under

California law. ........................................................................... 30

G. Plaintiffs Seek an Impermissible Judicial Recall ................................ 31

IV. CONCLUSION .............................................................................................. 33


iii

TABLE OF AUTHORITIES

Page(s)

Cases

In re Actimmune Mktg. Litig.,

2009 WL 3740648 (N.D. Cal. Nov. 6, 2009), aff’d, 464 Fed. Appx.

651 (9th Cir. 2011) .............................................................................................. 19

Alban v. BMW of N. Am., LLC,

No. 9-5398, 2010 WL 3636253 (D.N.J. Sept. 8, 2010) ........................................ 7

Amato v. Subaru of Am., Inc.,

No. 18-16118, 2019 WL 6607148 (D.N.J. Dec. 5, 2019) .................................... 7

Argabright v. Rheem Mfg. Co.,

201 F. Supp. 3d 578 (D.N.J. 2016) ..................................................................... 10

Asghari v. Volkswagen Grp. Of Am., Inc.,

42 F. Supp. 3d 1306 (C.D. Cal. 2013) ................................................................ 16

Ashcroft v. Iqbal,

556 U.S. 662 (2009) .............................................................................................. 4

Astiana v. Hain Celestial Grp.,

783 F.3d 753 (9th Cir. 2015) .............................................................................. 22

Ayres v. GMC,

234 F.3d 514 (11th Cir. 2000) ............................................................................ 24

Bedi v. BMW of N.A., LLC,

No. 15-1898, 2016 WL 324950 (D.N.J. Jan. 27, 2016) ............................... 21, 22

Berenblat v. Apple, Inc.,

No. 9-1649, 2010 WL 1460297 (N.D. Cal. Apr. 9, 2010) ................................. 18

Bhatt v. Mercedes-Benz USA, LLC,

No. 16-3171, 2018 WL 5094932 (C.D. Cal. Apr. 16, 2018) .......................... 9, 10


iv

In re Bridgestone/Firestone Inc. Litig.,

153 F. Supp. 2d 935 (S.D. Ind. 2001) ................................................................. 24

Bryant v. Avado Brands Inc.,

187 F.3d 1271 (11th Cir. 1999) ........................................................................ 2, 4

Burr v. Sherwin Williams Co.,

42 Cal. 2d 682 (1954) ........................................................................................... 7

Cattie v. Wal-Mart Stores, Inc.,

504 F. Supp. 2d 939 (S.D. Cal. 2007)................................................................. 11

Clemens v. DaimlerChrysler,

534 F.3d 1017 (9th Cir. 2008) .................................................................... 6, 7, 10

Coba v. Ford Motor Co.,

No. 12-1622, 2013 WL 244687 (D.N.J. Jan. 22, 2013) ..................................... 19

In re Conseco Ins. Co. Annuity Marketing & Sales Practices Litig.,

No. 5-4726, 2008 WL 4544441 (N.D. Cal. Sept. 30, 2008) ......................... 12, 17

Corson v. Toyota Motor Sales, U.S.A., Inc.,

No. 12-8499, 2013 WL 10068136 (C.D. Cal. Jul. 18, 2013) ............................... 9

Covarrubias v. Ford Motor Co.,

No. 19-1832, 2019 WL 2866046 (N.D. Cal. Jul. 3, 2019) ................................... 4

Davidson v. Apple, Inc.,

No. 16-4942, 2017 WL 3149305 (N.D. Cal. Jul. 25, 2017) ............................... 20

Edmunson v. Proctor & Gamble Co.,

No. 10-2256, 2011 WL 1897625 (S.D. Cal. May 17, 2011) .............................. 15

Eubank v. Leslie,

210 Fed. App’x 837 (11th Cir. 2006) ................................................................. 23

Far E. Conf. v. United States,

342 U.S. 570 (1952) ............................................................................................ 25

Fed. Dep. Ins. Corp. v. Bathgate,

27 F.3d 850 (3d Cir. 1994) ............................................................................. 4, 19


v

Fedrick v. Mercades-Benz USA, LLC,

366 F. Supp. 2d 1190 (N.D. Ga. 2005) ............................................................... 10

Fisher v. Honda N. Am., Inc.,

No. 13-09285, 2014 WL 2808188 (C.D. Cal. June 12, 2014) ............................ 22

Frederico v. Home Depot,

507 F.3d 188 (3d Cir. 2007) ............................................................................... 19

Gerstle v. Am. Honda Motor Co., Inc.,

No. 16-4384, 2017 WL 2797810 (N.D. Cal. June 28, 2017) ............................. 22

Glass v. BMW of N. Am.,

No. 10-5259, 2011 WL 6887721 (D.N.J. Dec. 29, 2011) ............................ 20, 22

Greene v. BMW of N. Am.,

No. 11-4220, 2013 WL 5287314 (D.N.J. Sept. 17, 2013) .................................... 9

Hadley v. Kellogg Sales Co.,

243 F. Supp. 3d 1074 (N.D. Cal. 2017) .............................................................. 19

Herremans v. BMW of N. Am., LLC,

No. 14-2363, 2014 WL 5017843 (C.D. Cal. Oct. 3, 2014) ................ 5, 12, 20, 22

Hindsman v. GM LLC,

No. 17-5337, 2018 WL 2463113 (C.D. Cal. Jun. 1, 2018) .................................. 5

Hines v. Mercedes-Benz USA, LLC,

358 F. Supp. 2d 1222 (N.D. Ga. 2005) ............................................................... 10

Hughes v. Panasonic Consumer Elecs. Co.,

No. 10-846, 2011 WL 2976839 (D.N.J. July 21, 2011) ..................................... 22

Inter-Mark USA, Inc. v. Intuit, Inc.,

No. 07-4178, 2008 WL 552482 (N.D. Cal. Feb. 27, 2008) ................................ 18

Investors Equity Life Holding Co. v. Schmidt,

195 Cal.App.4th 1519 (2011) ............................................................................... 5

Jackson Inv. Grp., LLC v. Thomas,

325 F. Supp. 3d 1334 (N.D. Ga. 2017) ................................................................. 8


vi

Kearns v. Ford Motor Co.,

567 F.3d 1120 (9th Cir. 2009) .............................................................................. 4

Keegan v. Am. Honda Motor Co., Inc.,

284 F.R.D. 504 (C.D. Cal. 2012) ........................................................................ 12

Keilholtz v. Lennox Hearth Prods. Inc.,

No. 08-836, 2009 WL 2905960 (N.D. Cal. Sept. 8, 2009) ................................... 5

Laster v. T-Mobile USA, Inc.,

407 F. Supp. 2d 1181 (S.D. Cal. 2005)............................................................... 11

Lopez v. Washington Mut. Bank, F.A.,

302 F.3d 900 (9th Cir. 2002) .............................................................................. 17

Lujan v. Defenders of Wildlife,

504 U.S. 555 (1992) ............................................................................................ 23

Mandani v. Volkswagen Grp. of Am., Inc.,

2019 WL 652867 (N.D. Cal. Feb. 15, 2019) ...................................................... 22

McCalley v. Samsung Elecs. Am., Inc.,

No. 7-2141, 2008 WL 878402 (D.N.J. Mar. 31, 2008) ........................................ 7

Milicevic v. Fletcher Jones Imports Ltd.,

402 F.3d 912 (9th Cir. 2005) .............................................................................. 10

Mlejnecky v. Olympus Imaging Am., Inc.,

2011 WL 1497096 (E.D. Cal. Apr. 19, 2011) .................................................... 17

Nader v. Allegheny Airlines, Inc.,

426 U.S. 290 (1976) ............................................................................................ 25

Nadler v. Nature’s Way Prods., LLC,

13-100, 2014 WL 12601567 (C.D. Cal. Mar. 27, 2014) ...................................... 9

NJ Transit Corp. v. Harsco Corp.,

497 F.3d 323 (3d Cir. 2007) ................................................................................. 7

Nobile v. Ford Motor Co.,

No. 10-1890, 2011 WL 900119 (D.N.J. Mar. 14, 2011) .................................... 20


vii

Noble v. Porsche Cars N.A., Inc.,

694 F. Supp. 2d 333 (D.N.J. 2010) ............................................................... 19, 20

Osborne v. Subaru of Am., Inc.,

198 Cal. App. 3d 646 (1988) ................................................................................ 7

Padilla v. Porsche Cars N. Am., Inc.,

391 F. Supp. 3d 1108 (S.D. Fla. 2019) ............................................... 6, 13, 16, 18

Pledger v. Reliance Trust Co.,

240 F. Supp. 3d 1314 (N.D. Ga. 2017) ................................................................. 4

In re Porsche Cars N. Am., Inc.,

880 F. Supp. 2d 801 (S.D. Ohio 2012) ............................................................... 20

Punian v. Gillette Co.,

2016 WL 1029607 (N.D. Cal. Mar. 15, 2016) ................................................... 19

Raie v. Cheminova, Inc.,

336 F.3d 1278 (11th Cir. 2003) ............................................................................ 5

Reiter v. Cooper,

507 U.S. 258 (1993) ............................................................................................ 25

Rosal v. First Fed. Bank of Cal.,

671 F. Supp. 2d 1111 (N.D. Cal. 2009) ........................................................ 13, 17

Saitsky v. DirecTV, Inc.,

No. 08-7918, 2009 WL 10670629 (C.D. Cal. Sept 22, 2009) ............................ 11

In re Sony Grand HDTV Litig.,

758 F. Supp. 2d 1077 (S.D. Cal 2010)............................................................ 8, 18

Stearns v. Select Comfort Retail Corp.,

No. 08-2746, 2009 WL 4723366 (N.D. Cal Dec. 4, 2009) .................................. 9

Tayag v. Nat’l City Bank,

No. 09-667, 2009 WL 943897 ............................................................................ 18

Von Grabe v. Sprint PCS,

312 F. Supp. 2d 1285 (S.D. Cal. 2003)............................................................... 11


viii

Wilson v. Hewlett-Packard Co.,

668 F.3d 1136 (9th Cir. 2012) ............................................................................ 14

Statutes

15 U.S.C. § 2310(d)(1)............................................................................................. 10

15 U.S.C. § 2310(e) ................................................................................................... 9

49 U.S.C. § 30101 .................................................................................................... 24

Cal. Bus. & Prof. Code § 17208 .............................................................................. 16

Cal Civ. Code § 1782(a) .......................................................................................... 11

Cal. Civ. Code § 1783 .............................................................................................. 12

Cal Code Civ. Proc. § 338 ....................................................................................... 22

Cal. Com. Code § 2316 .............................................................................................. 8

Cal. Com. Code § 2725 .............................................................................................. 4


9

I. INTRODUCTION

This case arises from an inherent contradiction. Despite acknowledging that

Porsche Cars North America, Inc. (“PCNA”) publicly disclosed the very

“manufacturing quality issue” at the heart of their case, Plaintiffs Xu and Vaz-Pocas

bring this suit alleging that PCNA somehow “actively concealed” that same “issue.”

They seek monetary damages under the New Jersey and California Commercial

Codes, the Magnuson-Moss Warranty Act (“MMWA”), California’s Consumer

Legal Remedies Act (“CLRA”) and Unfair Competition Law (“UCL”), and New

Jersey’s Consumer Fraud Act (“CFA”). They also seek improper injunctive relief in

the form of a vehicle recall and notification campaign. For the reasons set forth

below, these claims fail as a matter of law and the Complaint should be dismissed in

its entirety with prejudice.

II. BACKGROUND

A. PCNA Publicly Disclosed the Alleged Defect

On April 26, 2013, the National Highway Traffic Safety Administration’s

(“NHTSA”) Office of Defects Investigation (“ODI”) opened an investigation into

complaints about an alleged “design and manufacturing defect in the coolant pipe

fittings” of certain Porsche-brand vehicles that could result in a “coolant pipe fitting


10

failure.” (Compl., ¶ 32; see also ODI Closing Resume, Ex. A, at 1.)1 During that

investigation, PCNA supplied the ODI with “design, manufacturing, and field data .

. .” for vehicles using “coolant pipe fittings joined by adhesive bonds,” and

responded to technical questions concerning its engine cooling systems. (ODI

Closing Resume, Ex. A, at 3; PCNA Supplemental Responses to the ODI Inquiry,

September 17, 2013, Ex. B.) Ultimately, PCNA “identified a manufacturing quality

issue with the supplier’s application of adhesive to coolant pipe fittings that resulted

in elevated failure rates.” (ODI Closing Resume, Ex. A, at 1.)

The ODI’s investigation concluded in March of 2014. The agency found that

“[t]here were no crashes or injuries reported to be related to the alleged defect in any

of the subject vehicles,” and the introduction of “an automated metering device for

application of adhesive on pipe adapters” appeared to remedy the alleged defect. (Id.

at 3, 4.) At bottom, the ODI could not “identif[y]” a “safety-related defect,” and

believed “further use of agency resources [to investigate this issue did] not appear

to be warranted.” (Id. at 2.)

1 This Court should take judicial notice of the ODI’s Closing Resume, and

PCNA’s Supplemental Response to the ODI Inquiry on September 17, 2013. These

are public documents whose accuracy cannot be reasonably questioned. See Bryant

v. Avado Brands Inc., 187 F.3d 1271, 1279-80 (11th Cir. 1999); accord Fed. R. Evid.

201(b)-(d).


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B. The “Manufacturing Quality Issue” Publicly Disclosed by PCNA

Allegedly Manifested in Plaintiffs’ Vehicles

Plaintiff Xu purchased a new Porsche Cayenne S in 2011 from Circle Porsche

in Long Beach, California. (Compl., ¶ 10.) He alleges he was able to drive this

vehicle without incident until April 2019, when, after traveling over 54,000 miles,

“the slip-fit connection to the coolant distributor housing and the slip-fit coolant pipe

separated” resulting in his vehicle “suddenly overheat[ing].” (Id.) It cost Xu over

$3,000 to repair because the vehicle was no longer covered by the New Car Limited

Warranty for Model Year 2012 (the “Warranty”), which extended coverage “for four

years or 50,000 miles, whichever comes first.” (See id.; Warranty, Ex. C, at 9.)

Plaintiff Vaz-Pocas’ allegations are almost identical. Vaz-Pocas purchased a

used 2012 Porsche Cayenne S in January 2017 from Town Motors Porsche in

Englewood, New Jersey. (Compl., ¶ 11.) At the time of purchase, that vehicle had

approximately 60,000 miles on its odometer. (Id.) Four months after he purchased

the vehicle, it “suddenly overheated” because “the coolant pipe had separated from

the thermostat housing after the epoxy adhesive failed.” (Id.) It cost Vaz-Pocas

approximately $800 to repair his vehicle because the Warranty had expired.


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III. ARGUMENT2

A. Plaintiffs Fail to State a Claim for Breach of the Implied Warranty

of Merchantability under California and New Jersey Law

Plaintiffs’ implied warranty claims should be dismissed with prejudice

because they filed suit years after expiration of the applicable limitation periods.3

Xu’s implied warranty claim also fails under California law because he is not in

vertical privity with PCNA.

1. Plaintiff Xu’s implied warranty claim is time barred.

Under the California Commercial Code, implied warranty claims must be

brought within four years of the sale at issue. See Cal. Comm. Code § 2725; see also

Covarrubias v. Ford Motor Co., No. 19-1832, 2019 WL 2866046, at *3 (N.D. Cal.

2 Dismissal is proper under Federal Rule of Civil Procedure 12(b)(6) where the

plaintiff fails to allege facts to establish all elements of a claim or otherwise fails to

state a claim upon which relief may be granted. Ashcroft v. Iqbal, 556 U.S. 662, 666

(2009). The Court must accept well-pleaded allegations as true, Bryant v. Avado

Brands, Inc., 187 F.3d 1271, 1273 n.1 (11th Cir. 1999), but it need not accept any

unreasonable inferences or assume the truth of legal conclusions. See Pledger v.

Reliance Trust Co., 240 F. Supp. 3d 1314, 1321 (N.D. Ga. 2017).

Claims sounding in fraud, including those raised under the CLRA, UCL and

NJCFA, are also subject to the heightened pleading requirements of Rule 9(b). See,

e.g., Kearns v. Ford Motor Co., 567 F.3d 1120, 1125 (9th Cir. 2009); Fed. Dep. Ins.

Corp. v. Bathgate, 27 F.3d 850, 876 (3d Cir. 1994). 3 In contravention of Federal Rule of Civil Procedure 8(a), Plaintiffs do not cite

a legal basis for their implied warranty claims. Therefore, for purposes of this

Motion, PCNA assumes Plaintiffs are proceeding under the California and New

Jersey Commercial Codes.


13

Jul. 3, 2019) (“[T]he statute of limitations is four years from the delivery of the

vehicle.”); Hindsman v. GM LLC, No. 17-5337, 2018 WL 2463113, at *14 (C.D.

Cal. Jun. 1, 2018) (same). Here, Xu commenced suit in February of 2020, more than

four years after he purchased his vehicle in 2011. Xu’s implied warranty claim is

therefore untimely and should be dismissed with prejudice.

Xu cannot salvage his implied warranty claim by invoking the doctrine of

fraudulent concealment. “Fraudulent concealment requires [a] defendant[] to engage

in the willful concealment of the cause of action using fraudulent means to achieve

that concealment.” Raie v. Cheminova, Inc., 336 F.3d 1278, 1282 n.1 (11th Cir.

2003); see also Hindsman 2018 WL 2463113 at *14 (setting the standard to invoke

fraudulent concealment); Investors Equity Life Holding Co. v. Schmidt, 195

Cal.App.4th 1519, 1533-34 (2011) (establishing fraudulent concealment is a

plaintiff’s burden). Nondisclosure of an alleged defect is not enough; affirmative

deceptive conduct is required. See Herremans v. BMW of N. Am., LLC, No. 14-2363,

2014 WL 5017843, at *5 (C.D. Cal. Oct. 3, 2014). A plaintiff must show that a

defendant “intentionally prevent[ed him] from initiating suit.” Keilholtz v. Lennox

Hearth Prods. Inc., No. 08-836, 2009 WL 2905960, at *5 (N.D. Cal. Sept. 8, 2009)).

No such facts are pleaded here. To the contrary, Xu’s own allegations

acknowledge that PCNA publicly disclosed the exact defect complained of prior to


14

expiration of the applicable limitations period. (See, e.g., Compl., ¶¶ 30-40.) The

NHTSA’s ODI opened an investigation concerning the alleged coolant system defect

on April 26, 2013, and closed that investigation on March 10, 2014. (See Compl.,

¶32.)4 During the course of the ODI investigation, PCNA publicly acknowledged the

very issue that Plaintiffs complain of here, an episodic coolant system issue, and

disclosed (among other things) consumer complaints, warranty information, and

field data pertaining to the vehicles being investigated. One court in this Circuit has

already concluded that PCNA’s public disclosure of this exact issue in March of

2014 was “the opposite of fraudulent concealment.” Padilla v. Porsche Cars N. Am.,

Inc., 391 F. Supp. 3d 1108, 1111 (S.D. Fla. 2019).5 Thus, Xu’s implied warranty

claim fails on its face.

2. Plaintiff Xu has not alleged vertical privity with PCNA.

The absence of vertical privity between Xu and PCNA also “requires the

dismissal of [his] implied warranty claim[].” Clemens v. DaimlerChrysler, 534 F.3d

4 While this investigation principally concerned the Porsche 911, PCNA made

clear that additional vehicles were subject to the same potential issue. Those vehicles

included Model Year 2011 to 2014 Porsche Cayenne and Panamera vehicles. (See

PCNA Supplemental Responses to the ODI Inquiry, September 17, 2013, Ex. B, at

¶ 13(c).) The exact vehicles subject to this litigation. 5 That court also held the alleged failure to notify all vehicle owners of its public

statements amounted to nothing more than “inaction—which is wholly insufficient

to constitute active and willful concealment.” Padilla, 391 F. Supp. 3d at 1115.


15

1017, 1024 (9th Cir. 2008). “The term ‘vertical privity’ refers to links in the chain

of distribution of goods. If the buyer and seller occupy adjoining links in the chain,

they are in vertical privity with each other.” Osborne v. Subaru of Am., Inc., 198 Cal.

App. 3d 646, 656 n.6 (1988). In California, “there is no privity between the original

seller and a subsequent purchaser who is in no way a party to the original

transaction.” Burr v. Sherwin Williams Co., 42 Cal. 2d 682, 695 (1954). That is, a

consumer “who buys from a retailer is not in privity with a manufacturer” or

distributor, they are in privity with the retailer. Clemens, 534 F.3d at 1023. Because

Xu does not allege that he purchased his vehicle from PCNA, his implied warranty

claim should be dismissed for this reason as well.

3. Plaintiff Vaz-Pocas’ implied warranty claim is time barred.

Under well-settled New Jersey law, the duration of an implied warranty may

be limited by the terms of an express warranty. See, e.g., NJ Transit Corp. v. Harsco

Corp., 497 F.3d 323, 330-331 (3d Cir. 2007).6 The Warranty applicable to Vaz-

Pocas’ vehicle provides that “[a]ny implied warranties, including the implied

6 Amato v. Subaru of Am., Inc., No. 18-16118, 2019 WL 6607148, at *7 (D.N.J.

Dec. 5, 2019); Alban v. BMW of N. Am., LLC, No. 9-5398, 2010 WL 3636253, at *9

(D.N.J. Sept. 8, 2010) (dismissing claim because “the warranty agreement

specifically limited the duration of all implied warranties to 48 months . . . .”);

McCalley v. Samsung Elecs. Am., Inc., No. 7-2141, 2008 WL 878402, at *7 (D.N.J.

Mar. 31, 2008) (same).


16

warranties of merchantability and fitness for a particular purpose are limited to the

duration of the written warranty.” (Warranty, Ex. C, at 8.)7 The “written warranty”

provides coverage “for four years or 50,000 miles, whichever comes first.” (Id. at

9.) Vaz-Pocas’ vehicle had an odometer reading of at least 60,000 miles when he

purchased it in 2017, and he filed suit in 2020. (Compl., ¶ 11.) Therefore, the

applicable implied warranties have expired, and this implied warranty claim should

be dismissed.8

B. Plaintiffs Fail to State a Claim for Breach of Implied or Express

Warranties under the MMWA

Count II of the Complaint should be dismissed because Plaintiffs did not

satisfy the MMWA’s pre-suit notice requirements or plausibly allege a viable state

law warranty claim. Both failures are fatal to their claim.

1. Plaintiffs did not provide PCNA with adequate pre-suit notice of

their MMWA claim.

Plaintiffs do not—because they cannot—allege that they provided PCNA with

sufficient pre-suit notice to support their claim. Plaintiffs seeking to proceed with

7 The Court should take judicial notice of the Warranty, a document “integral

to [and] incorporated by reference into the complaint. . . .” See Jackson Inv. Grp.,

LLC v. Thomas, 325 F. Supp. 3d 1334, 1337 n.1 (N.D. Ga. 2017). 8 This limitation period, set by the express warranty, also serves as a basis to

dismiss Xu’s implied warranty claim. See, e.g., In re Sony Grand HDTV Litig., 758

F. Supp. 2d 1077, 1100 (S.D. Cal 2010); see also Cal. Com. Code § 2316.


17

class-wide claims under the MMWA must satisfy a two-step notice requirement. See

15 U.S.C. § 2310(e). First, the Act “requires each named plaintiff to give the

warrantor a reasonable opportunity to cure any failure to comply with the express . .

. terms of the warranty.” Bhatt v. Mercedes-Benz USA, LLC, No. 16-3171, 2018 WL

5094932, at *4-5 (C.D. Cal. Apr. 16, 2018); Greene v. BMW of N. Am., No. 11-4220,

2013 WL 5287314, at *5 (D.N.J. Sept. 17, 2013). Second, “after th[at] reasonable

opportunity is afforded, each plaintiff must, then, notify the warrantor that the

plaintiff is going to initiate a suit on behalf of a class.” Bhatt, 2018 WL 5094932 at

*4. Failure to comply with both of these procedural requirements compels dismissal.

See, e.g., Bhatt, 2018 WL 5094932 at *4-5.9

Plaintiffs offer nothing to satisfy the first step of the MMWA’s notice

requirement. This is not surprising. Neither Plaintiff possessed an express or implied

warranty at the time they claim the alleged defect manifested; their express and

implied warranties had expired. Thus, Plaintiffs were never able to demand PCNA’s

compliance with the terms of any warranty. As a result, Plaintiffs’ MMWA claim

fails. Even if they had satisfied the first step, dismissal is still warranted because

9 Nadler v. Nature’s Way Prods., LLC, 13-100, 2014 WL 12601567, at *3 (C.D.

Cal. Mar. 27, 2014); Corson v. Toyota Motor Sales, U.S.A., Inc., No. 12-8499, 2013

WL 10068136, at *7-8 (C.D. Cal. Jul. 18, 2013); Stearns v. Select Comfort Retail

Corp., No. 08-2746, 2009 WL 4723366, at *10 (N.D. Cal Dec. 4, 2009).


18

Plaintiffs have not alleged that they notified PCNA of their intent to “initiate a[n

MMWA] suit on behalf of a class.” Bhatt, 2018 WL 5094932, at *4.

2. Plaintiffs have not stated a claim under New Jersey or California

warranty law to support this MMWA claim.

Plaintiffs’ MMWA claim fails because they have not alleged a viable warranty

claim under state law.10 The MMWA creates a federal cause of action for a breach

of warranty arising under state law, it does not create independent warranty

obligations. See 15 U.S.C. § 2310(d)(1); Hines v. Mercedes-Benz USA, LLC, 358 F.

Supp. 2d 1222, 1234 (N.D. Ga. 2005). The MMWA merely provides a remedy for

substantive breaches of existing obligations. Milicevic v. Fletcher Jones Imports

Ltd., 402 F.3d 912, 917 (9th Cir. 2005); Argabright v. Rheem Mfg. Co., 201 F. Supp.

3d 578 (D.N.J. 2016). Thus, MMWA claims “stand or fall with [the plaintiff’s] . . .

warranty claims under state law.” Clemens, 534 F.3d at 1022; see also Fedrick v.

Mercades-Benz USA, LLC, 366 F. Supp. 2d 1190, 1200 n.14 (N.D. Ga. 2005).

Because Plaintiffs cannot sustain a warranty claim under New Jersey or California

law, they are barred from pursuing a claim under the MMWA.

10 Plaintiffs have not even attempted to allege a breach of their now-expired

written warranty under state law.


19

C. Plaintiffs Fail to State a Claim for a Violation of the CLRA

Plaintiff Xu’s CLRA claim fails for three reasons. First, he has failed to satisfy

the Act’s pre-suit notice requirements. Second, his claim is time-barred. And third,

the CLRA does not permit recovery for a latent defect manifesting after expiration

of a written warranty. Each of these deficiencies compel dismissal with prejudice.

1. Plaintiff Xu has not satisfied the CLRA’s pre-suit notice

requirement.

In order to pursue a claim for monetary damages under the CLRA, a plaintiff

must first satisfy its notice requirements.11 The CLRA provides that “thirty days or

more prior to the commencement of an action for damages,” a consumer seeking to

initiate suit shall: (1) notify the prospective defendant of the alleged violations of the

CLRA; and (2) demand that person “correct, repair, replace, or otherwise rectify the

goods or services alleged to be in violation of” the CLRA. Cal Civ. Code § 1782(a)

(emphasis added). Failure to comply with this notice procedure compels dismissal

with prejudice. See, e.g., Von Grabe v. Sprint PCS, 312 F. Supp. 2d 1285, 1303 (S.D.

Cal. 2003).12

11 Xu’s CLRA claim is not saved by the fact that he also requests injunctive

relief. See infra § III(G) (explaining Plaintiffs’ request for such relief is improper). 12 Cattie v. Wal-Mart Stores, Inc., 504 F. Supp. 2d 939, 949 (S.D. Cal. 2007);

Laster v. T-Mobile USA, Inc., 407 F. Supp. 2d 1181, 1195 (S.D. Cal. 2005); Saitsky

v. DirecTV, Inc., No. 08-7918, 2009 WL 10670629, at *8 (C.D. Cal. Sept 22, 2009).


20

Xu failed to provide PCNA with adequate pre-suit notice. He sent a letter to

PCNA on February 3, 2020 (see Compl., Ex. A); the same day he filed this action.

Therefore, Plaintiffs’ CLRA claim should be dismissed with prejudice.

2. Plaintiff Xu’s CLRA claim is time-barred.

A CLRA claim must be asserted within three years of an alleged violation.

See Cal. Civ. Code § 1783. Here, the alleged violation was PCNA’s purported non-

disclosure of the alleged defect. Thus, Xu was required to raise his CLRA claim

within three years of purchasing his allegedly defective vehicle. See Herremans,

2014 WL 5017843, at *3; accord Cal. Civ. Code § 1783. He did not. (Compl., ¶

10.) Therefore, this claim should be dismissed with prejudice.

Xu cannot salvage his CLRA claim by reference to the discovery rule. “In

order to invoke [the discovery exception] to the statute of limitations, the plaintiff

must specifically plead facts which show (1) the time and manner of discovery and

(2) the inability to have made earlier discovery despite reasonable diligence.” In re

Conseco Ins. Co. Annuity Marketing & Sales Practices Litig., No. 5-4726, 2008 WL

4544441, at *8 (N.D. Cal. Sept. 30, 2008). So, while “the discovery rule tolls the

statute of limitations for CLRA claims,” Keegan v. Am. Honda Motor Co., Inc., 284

F.R.D. 504, 543 (C.D. Cal. 2012), it “only delays accrual until the plaintiff has, or

should have, inquiry notice of the cause of action.” Herremans, 2014 WL 5017843,


21

at *3 (quoting Fox v. Ethicon Endo-Surgery, Inc., 35 Cal.4th 797, 807 (2005)).

Indeed, “[p]laintiffs are charged with presumptive knowledge . . . if they have the

opportunity to obtain knowledge from sources open to their investigation.” Rosal v.

First Fed. Bank of Cal., 671 F. Supp. 2d 1111, 1131 (N.D. Cal. 2009)).

Xu freely admits that information concerning the alleged defect existed online

in 2013, and that PCNA publicly disclosed the alleged defect in 2014. (See, e.g.,

Compl., ¶¶ 32-33; 41.) Thus, with reasonable diligence, Xu would have been able to

discover the facts necessary to raise this claim no later than March of 2014. (See

ODI Closing Resume, Ex. A.) To suggest that Xu was only able to learn about the

alleged defect nine years after his purchase of the vehicle, and six years after

PCNA’s public disclosures, is not plausible. Neither the discovery rule nor the

doctrine of fraudulent concealment toll the applicable limitations period, and Xu’s

claim should be dismissed with prejudice.13

3. The CLRA does not afford a remedy for latent defects that

manifest outside the warranty period.

Xu cannot sustain a CLRA claim because the Warranty expired prior to the

alleged defect manifesting in his vehicle. As explained in Daugherty v. American

13 The alleged defect was disclosed to the public in 2014. As the Padilla court

held, that public disclosure was the “opposite of fraudulent concealment.” 391 F.

Supp. 3d at 1115.


22

Honda Motor Corp., a plaintiff may not recover under the CLRA for a defect that

manifested outside the warranty period absent a representation by the manufacturer

providing an assurance of post-warranty performance. 144 Cal. App. 4th 824, 830-

31, 836-37 (Cal. Ct. App. 2006); see also Wilson v. Hewlett-Packard Co., 668 F.3d

1136, 1141 (9th Cir. 2012). “Under a contrary rule, . . . the failure of a product to

last forever would become a defect, a manufacturer would no longer be able to issue

limited warranties, and product defect litigation would become as widespread as

manufacturing itself.” Wilson, 668 F.3d at 1141. That is untenable. Here, Xu

purchased his vehicle in 2011 subject to the Warranty expiring “four years [from

delivery to the first retail purchaser] or [after] 50,000 miles, whichever comes first.”

(Warranty, Ex. A, at 9.) Xu also pleads that the alleged defect manifested in April

2019, after his vehicle traveled 54,000 miles. (Compl., ¶ 10.) Thus, at the time the

alleged defect manifested, the express warranty had expired. This compels dismissal.

There are only two discrete exceptions to the rule set forth in Daugherty. See

Wilson, 668 F.3d at 1141 (quoting Oestreicher v. Alienware Corp., 322 F. App’x 489,

493 (9th Cir. 2009)). But neither is applicable here. First, a plaintiff may recover for

a defect manifesting after the expiration of an express warranty when they allege

undisclosed information was contrary to an affirmative representation made by the

defendant. Daugherty, 144 Cal. App. 4th at 835. The withheld information must


23

“relate to an objectively verifiable fact” and must directly contradict a statement

made by the defendant, such that it would mislead a reasonable consumer.

Edmunson v. Proctor & Gamble Co., No. 10-2256, 2011 WL 1897625, at *3 (S.D.

Cal. May 17, 2011). Xu has not alleged, and cannot allege, facts to satisfy this narrow

exception. It is undisputed that PCNA publicly disclosed the existence of the alleged

defect to the ODI in 2014, well before Xu’s Warranty expired. (See ODI Closing

Resume, Ex. A.) Further, PCNA never affirmatively represented to Xu—or any

Porsche-brand vehicle owner—that the “adhesive . . . used to bond slip-fit coolant

pipes” would survive past the initial warranty period. (Compl., ¶ 1.) Therefore,

Daugherty bars Xu’s CLRA claim.

Second, a plaintiff may recover when the allegedly undisclosed information

poses a safety risk to consumers. Daugherty, 144 Cal. App. 4th at 830-31, 836-37.

Although the word “safety” appears in the Complaint more than 20 times (in an

apparent attempt to avoid dismissal under Daugherty), such allegations are not

plausible. Xu himself alleges only that his vehicle “overheated while driving.”

(Compl., ¶ 10.) He does not offer a single fact suggesting he was ever at risk of

personal injury as a result of the alleged defect during the nine years he owned his

vehicle. This is not surprising. Before closing a year-long investigation and deciding

not to take further action, the ODI found “no crashes or injuries reported to be related


24

to the alleged defect.” (ODI Closing Resume, Ex. A, at 1.) Thus, Xu’s CLRA claim

should be dismissed under Daugherty.

D. Plaintiffs Fail to State a Claim for a Violation of California’s Unfair

Competition Law

Plaintiff Xu’s UCL claim should be dismissed with prejudice because it is

time barred, and because it lacks sufficient factual allegations to support a claim

premised on any of the UCL’s three prongs.

1. Plaintiff Xu’s UCL claim is time barred.

A timely UCL claim is asserted within four years of the law’s violation. See

Cal. Bus. & Prof. Code § 17208. That means Xu was required to raise his UCL claim

within four years of purchasing his allegedly defective vehicle. Cal. Bus. & Prof.

Code § 17208; see also Asghari v. Volkswagen Grp. Of Am., Inc., 42 F. Supp. 3d

1306, 1323 (C.D. Cal. 2013). He did not. Xu purchased his vehicle in 2011 and

raised this claim in February 2020. (Compl., ¶ 10.) His UCL claim should therefore

be dismissed with prejudice.

Neither the discovery rule nor the doctrine of fraudulent concealment can

salvage Xu’s UCL claim. PCNA disclosed the alleged defect to the public in 2014.

That public disclosure was the “opposite of fraudulent concealment.” Padilla, 391

F. Supp. 3d at 1115. Further, based on that public disclosure and Xu’s own

admissions, he had the opportunity to learn of the facts underpinning this claim by


25

no later than March 2014, which precludes his reliance on the discovery rule. See In

re Conseco Ins. Co. Annuity Marketing & Sales Practices Litig., 2008 WL 4544441,

at *8; Rosal, 671 F. Supp. 2d at 1131. The UCL claim should be dismissed.

2. Xu has not alleged facts sufficient to state a claim under any of

the UCL’s three prongs.

Xu’s UCL claim also fails because he has not alleged facts to support a claim

premised on any of the UCL’s three prongs—unlawful, fraudulent, or unfair.

Unlawful. In order to plead a claim under the “unlawful” prong of the UCL,

a plaintiff must adequately plead a predicate legal violation. See Lopez v. Washington

Mut. Bank, F.A., 302 F.3d 900, 907 (9th Cir. 2002) (requiring violation of a predicate

law to support an “unlawful” UCL claim). Xu predicates his UCL claim on an

alleged violation of the CLRA. (Compl., ¶ 108.) But he does not possess an

actionable CLRA claim. Thus, Xu cannot proceed with a claim under this prong.

Fraudulent.14 A plaintiff cannot sue for an alleged misrepresentation that they

never saw or read. See, e.g., Mlejnecky v. Olympus Imaging Am., Inc., 2011 WL

1497096, at *5 (E.D. Cal. Apr. 19, 2011). Yet Xu does not identify a single specific

statement attributable to PCNA, let alone one that was untrue or misleading or that

he claims to have seen before filing suit. Instead, he claims PCNA “prominently”

14 Xu attempts to plead that PCNA engaged in fraudulent activity, which

subjects his allegations to Rule 9(b)’s heightened pleading standards.


26

made representations of “material facts regarding the safety, characteristics, and

production quality of” his vehicle that were fraudulent.15 (Compl. ¶ 111.) This

generic and conclusory allegation is insufficient to state a claim under the fraudulent

prong of the UCL. See, e.g., In re Sony Grand Wega, 758 F. Supp. 2d 1077, 1093

(S.D. Cal. 2010).16

Unfair. A UCL claim predicated on unfair business practices may be grounded

upon a violation of a statute or be a “standalone” claim based on an alleged act that

“violates established public policy or if it is immoral, unethical, oppressive or

unscrupulous and causes injury to consumers which outweighs its benefits.”

Berenblat v. Apple, Inc., No. 9-1649, 2010 WL 1460297, at *6 (N.D. Cal. Apr. 9,

2010). “Courts in this district have held that where the unfair business practices

alleged under the unfair prong of the UCL overlap entirely with the business

practices addressed in the fraudulent and unlawful prongs of the UCL, the unfair

15 Any attempt by Plaintiffs to suggest that PCNA fraudulently omitted material

information from the marketplace is not true. As explained above, PCNA publicly

disclosed the alleged defect in 2014. (See ODI Closing Resume, Exhibit B.) This

public disclosure was the “opposite of fraudulent concealment.” Padilla, 391 F.

Supp. 3d at 1115. 16 Tayag v. Nat’l City Bank, No. 09-667, 2009 WL 943897, at *2 (N.D. Cal. Apr.

7, 2009 (“The content of the alleged misrepresentation is necessary to state a claim”);

Inter-Mark USA, Inc. v. Intuit, Inc., No. 07-4178, 2008 WL 552482, at *10 (N.D.

Cal. Feb. 27, 2008) (“Because Plaintiff does not identify any specific statements,

this claim does not provide adequate notice . . . of the alleged wrongful conduct.”).


27

prong of the UCL cannot survive if the claims under the other two prongs of the UCL

do not survive.” Hadley v. Kellogg Sales Co., 243 F. Supp. 3d 1074, 1105 (N.D. Cal.

2017).17 Xu’s claim suffers from that defect; the unfair prong merely restates the

same general and conclusory allegations made in connection with the fraudulent and

unlawful prongs of the UCL. Thus, it should be dismissed.

E. Plaintiffs Fail to State a Claim for a Violation of New Jersey’s

Consumer Fraud Act

To sustain a claim under the CFA, a plaintiff must adequately allege: “(1) a

specific false representation or omission of material fact; (2) knowledge by the

person who made it of its falsity; (3) ignorance of its falsity by the person to whom

it was made; (4) the intention that it should be acted upon; and (5) that the plaintiff

suffered an ascertainable loss as a result of the misrepresentation.” Coba v. Ford

Motor Co., No. 12-1622, 2013 WL 244687, at *8 (D.N.J. Jan. 22, 2013).18 Notably,

these allegations must conform with the pleading requirements mandated by Federal

Rule of Civil Procedure 9(b). Frederico v. Home Depot, 507 F.3d 188, 200 (3d Cir.

2007); Fed. Dep. Ins. Corp. v. Bathgate, 27 F.3d 850, 876 (3d Cir. 1994). Vaz-Pocas

17 See also Punian v. Gillette Co., 2016 WL 1029607, at *17 (N.D. Cal. Mar. 15,

2016); In re Actimmune Mktg. Litig., 2009 WL 3740648, at *14 (N.D. Cal. Nov. 6,

2009), aff’d, 464 Fed. Appx. 651 (9th Cir. 2011). 18 See also Noble v. Porsche Cars N.A., Inc., 694 F. Supp. 2d 333, 337 (D.N.J.

2010).


28

should be barred from pursing a CFA claim because, among other pleading

deficiencies,19 he has not—and cannot—allege that he suffered an ascertainable loss.

New Jersey law is clear: a plaintiff cannot claim to have suffered an

ascertainable loss under the CFA based on a product failure after the expiration of

an applicable warranty period. See, e.g., Nobile v. Ford Motor Co., No. 10-1890,

2011 WL 900119, at *6 (D.N.J. Mar. 14, 2011).20 Vaz-Pocas purchased a used 2012

Cayenne S. (Compl., ¶ 11.) That vehicle was subject to the Warranty, which provides

coverage for vehicles “four years [from delivery to the first retail purchaser] or

[within] 50,000 miles, whichever comes first.” (Warranty, Ex. C, at 9.) While Vaz-

Pocas has not alleged when the original purchase of the vehicle occurred, he has

alleged that he purchased the vehicle with “approximately 60,000 miles on the

odometer.” (Compl., at 11.) This means the only warranty provided by PCNA

19 As explained repeatedly above, PCNA publicly disclosed the alleged defect

in 2014, years before Vaz-Pocas bought his vehicle. This renders implausible any

claim that he suffered an injury, compensable under the CFA, as a result of a false

representation or omission of material fact by PCNA. 20 See also, e.g., In re Porsche Cars N. Am., Inc., 880 F. Supp. 2d 801, 857 (S.D.

Ohio 2012); Glass v. BMW of N. Am., No. 10-5259, 2011 WL 6887721, at *9 (D.N.J.

Dec. 29, 2011) (“[W]here a vehicle component has outperformed the warranty

period, the plaintiff cannot meet the pleading requirements for an ascertainable

loss.”); Noble, 694 F. Supp. 2d at 337; Davidson v. Apple, Inc., No. 16-4942, 2017

WL 3149305, at *15 (N.D. Cal. Jul. 25, 2017); Duffy v. Samsung Elecs. Am., Inc.,

No. 06-5259, 2007 WL 703197, at *7-8 (D.N.J. Mar. 2, 2007).


29

covering Plaintiff’s vehicle had expired prior to his purchase in January of 2017.

(Id.) For this reason, Vaz-Pocas’ CFA claim should be dismissed with prejudice.

F. Plaintiffs Cannot Maintain a Claim for Unjust Enrichment

Plaintiffs cannot maintain a claim for unjust enrichment under either New

Jersey or California law. In short, they do not have a direct relationship with PCNA

sufficient to support a claim under New Jersey law, and have failed to recognize that

unjust enrichment is not a standalone cause of action in California. Count VI of the

Complaint should be dismissed in its entirety.

1. Vaz-Pocas cannot allege a direct relationship with PCNA to

support an Unjust Enrichment claim under New Jersey law.

To assert an unjust enrichment claim under New Jersey law, a party must

allege facts sufficient to plausibly show “(1) that the defendant has received a benefit

from the plaintiff; and (2) that the retention of the benefit by [the] defendant is

inequitable.” Bedi v. BMW of N.A., LLC, No. 15-1898, 2016 WL 324950, at *5

(D.N.J. Jan. 27, 2016). Courts in New Jersey also require “a direct relationship

between the parties.” Id. (citing Spera v. Samsung Elecs. Am., Inc., No. No. 12-5412,

2014 WL 1334256, at *8-9 (D.N.J. Apr. 2, 2014)). This means that an indirect


30

purchaser (i.e., one who purchases from a retailer) cannot maintain a claim for unjust

enrichment against a manufacturer or distributor. See, e.g., id.21

Vaz-Pocas readily admits that he purchased his used vehicle from a dealership,

not PCNA. (Compl. ¶ 11.) Thus, his unjust enrichment claim should be dismissed.

2. Unjust Enrichment is not a standalone cause of action under

California law.

California does not recognize a standalone cause of action for unjust

enrichment. See Astiana v. Hain Celestial Grp., 783 F.3d 753, 762 (9th Cir. 2015)

(“[T]here is not a standalone cause of action for unjust enrichment, which is

synonymous with restitution.”). Therefore, this Court should deny Xu’s attempt to

create a new cause of action under California law and dismiss Count VI of the

Complaint in its entirety with prejudice.22

21 Weske v. Samsung Elecs. Am., Inc., 10-4811, 2012 WL 833003, at *7 (D.N.J.

Mar. 12, 2012); Glass, 2011 WL 6887721 at *16; Hughes v. Panasonic Consumer

Elecs. Co., No. 10-846, 2011 WL 2976839, at *27 (D.N.J. July 21, 2011). 22 Insofar as this Court construes Xu’s unjust enrichment claim as a “quasi-

contract” claim, it must be dismissed for two reasons. First, it is time-barred. The

statute of limitations period for such a claim is two years. Cal Code Civ. Proc. § 338.

Second, Xu cannot maintain such a claim when there is an “express binding

agreement[] that define[s] the parties’ rights;” here, the Warranty. Gerstle v. Am.

Honda Motor Co., Inc., No. 16-4384, 2017 WL 2797810, at *14 (N.D. Cal. June 28,

2017); see also Mandani v. Volkswagen Grp. of Am., Inc., 2019 WL 652867, at *9

(N.D. Cal. Feb. 15, 2019); Fisher v. Honda N. Am., Inc., No. 13-09285, 2014 WL

2808188, at *10 (C.D. Cal. June 12, 2014) (“[T]o the extent Plaintiff is alleging

unjust enrichment under a quasi-contract theory, his claim fails because the express

warranty defines the rights of the parties.”).


31

G. Plaintiffs Seek an Impermissible Judicial Recall

The NHTSA has already spoken on the very defect alleged in the Complaint.

After conducting a year-long investigation, the NHTSA was unable to identify a

safety-related defect in the subject vehicles and declined to take any further action.

Yet Plaintiffs ask this Court to second guess and circumvent the NHTSA’s findings.

Specifically, they seek a judicial declaration that certain model and model-year

vehicles contain a defective “engine cooling system” design, and demand that PCNA

be judicially compelled to “inform purchasers and leasees of the defect,” and “repair

or replace the . . . engine cooling system components” in all class vehicles. (Compl.,

Prayer for Relief, ¶ f.) For at least four reasons, Plaintiffs’ demand for a judicial

recall and accompanying prayer for injunctive relief is inherently improper and

should be denied.

First, a plaintiff cannot seek injunctive relief unless he pleads “not only an

injury, but also ‘a real and immediate threat of future injury. . . .’” Eubank v. Leslie,

210 Fed. App’x 837, 842 (11th Cir. 2006). Here, Plaintiffs only allege past injuries.

Lujan v. Defenders of Wildlife, 504 U.S. 555, 564 (1992). Indeed, both Plaintiffs

claim the alleged defect already manifested in their vehicles (Compl., ¶¶ 10-11), and

that their vehicles were repaired (id. at ¶¶ 10-11). Neither Plaintiff has indicated an

intent to buy another Porsche-brand vehicle in the future. Further, the injunctive


32

relief proposed would not redress Plaintiffs’ alleged injuries because their vehicles

have already been repaired. Granting injunctive relief would therefore be improper.

Second, this Court should decline Plaintiffs’ invitation to impose a judicial

recall as contrary to the Safety Act. Congress delegated the authority to establish,

administer, regulate, and enforce the reporting and disclosure requirements

applicable to automobile manufacturers, to the Secretary of Transportation and the

NHTSA through the Safety Act. See 49 U.S.C. § 30101, et seq. The Safety Act

establishes “its own extensive array of administrative remedies for a violation of its

notification obligations,” and does not contain a private right of action. Ayres v.

GMC, 234 F.3d 514, 522 (11th Cir. 2000). In light of this extensive administrative

scheme and the absence of a private right of action, this Court should not fashion its

own remedy for Plaintiffs’ alleged harm where the NHTSA has already spoken.

Third, Plaintiffs cannot salvage their request for injunctive relief by reference

to state law. Insofar as New Jersey or California law would permit the imposition of

a judicial recall, it is preempted by the Safety Act. See, e.g., In re

Bridgestone/Firestone Inc. Litig., 153 F. Supp. 2d 935, 945 (S.D. Ind. 2001) (citing

Chicago & N. W. Transp. Co. v. Kalo Brick & Tile Co., 450 U.S. 311, 321 (1981)).

Finally, Plaintiffs’ request for a declaration of a “defect” and the establishment

of a judicial recall should be denied pursuant to the doctrine of primary jurisdiction.


33

That doctrine applies “to claims properly cognizable in court that contain some issue

within the special competence of an administrative agency,” Reiter v. Cooper, 507

U.S. 258, 268 (1993), and permits this Court to dismiss Plaintiffs’ claim in deference

to the special expertise of the NHTSA. Although “no fixed formula exists for

applying the doctrine,” Nader v. Allegheny Airlines, Inc., 426 U.S. 290, 303 (1976),

courts typically consider whether: (1) the case involves a matter within the special

expertise of the agency; and (2) there is a need to promote uniformity in

administrative policy or a possibility of inconsistent results between the courts and

the agency. See Far E. Conf. v. United States, 342 U.S. 570 (1952). Here, those

factors overwhelmingly favor dismissal. The NHTSA—the agency that has already

examined the alleged defect and declined to take action beyond its preliminary

investigation—has primary jurisdiction over determinations of vehicle defects,

notification processes, and vehicle recall procedures. See, e.g., Coker, 2004 WL

32676, at *5. Plaintiffs should not be permitted to second guess that agency and

compel a different result through this lawsuit. Thus, this action in its entirety, or at

the very least Plaintiffs’ demand for a recall, should be dismissed.

IV. CONCLUSION

For the reasons stated above, this Court should dismiss the Complaint in its

entirety and with prejudice.


34

This 26th day of February, 2020.

By: Christopher G. Campbell



Brendan G. Krasinski


Delia G. Frazier

Georgia Bar No 940667

DLA Piper LLP (US)

1201 West Peachtree Street, Suite 2800

Atlanta, Georgia 30309

Tel: (404) 736-7800

[email protected]

[email protected]

[email protected]

and

William F. Kiniry, Jr. (Admitted Pro

Hac Vice)

Matthew A. Goldberg (Admitted Pro

Hac Vice)

DLA Piper LLP (US)

1650 Market Street, Suite 5000

Philadelphia, Pennsylvania 19103

Counsel for Porsche Cars North

America, Inc.


35

LOCAL RULE 7.1D CERTIFICATE

The undersigned hereby certifies that the foregoing has been formatted in

Times New Roman font, 14-point type, which complies with the font size and point

requirements of Local Rule 5.1B.

CERTIFICATE OF SERVICE

I hereby certify that, on this 26th day of February, 2020, I electronically filed

the foregoing DEFENDANT PORSCHE CARS NORTH AMERICA, INC.’S

MEMORANDUM OF LAW IN SUPPORT OF MOTION TO DISMISS with the

Clerk of Court using the CM/ECF system, which will send e-mail notification of

such filing to all attorneys of record.

Dated: February 26th, 2020.

By: /s/ Christopher G. Campbell



EXHIBIT A


ODI RESUME

Resume Page 1 of 2Investigation: PE 13-009 Close

Investigation: PE 13-009Date Opened: 04/26/2013 Date Closed: 03/10/2014Investigator: Steve Mchenry Reviewer: Jeff QuandtApprover: Frank BorrisSubject: Rapid coolant loss

MANUFACTURER & PRODUCT INFORMATION

Manufacturer: Porsche Cars North America, Inc.

Products: MY 2001-11 Porsche 911 with Turbo, GT2 and GT3 engines

Population: 24,635 (Estimated)

Problem Description: Rapid coolant loss caused by coolant pipe fitting failure, allegedly resulting in vehicle disablement and/or loss of vehicle control due to reduced traction for the affected vehicle or following traffic.

FAILURE REPORT SUMMARY

ODI Manufacturer Total

Complaints: 57 9 63**

Crashes/Fires: 0 0 0

Injury Incidents: 0 0 0

Fatality Incidents: 0 0 0

Other*: 0 336 336

*Description of Other: Warranty claims for coolant leakage of any degree caused by the failure of an adhesive bond.

** Total eliminates duplicates received by ODI and manufacturer.

ACTION / SUMMARY INFORMATION

Action: This Preliminary Evaluation has been closed.

Summary:

On April 26, 2013, the Office of Defects Investigation (ODI) opened PE13-009 to investigate 10 complaints alleging incidents of sudden coolant loss while traveling on public roadways in certain model year (MY) 2001 through 2007 Porsche 911 vehicles. The complaints alleged that pipe ends joined by epoxy to certain cooling system components may fail suddenly and separate, resulting in large volumes of coolant leakage. The investigation was opened to assess evidence of a design or manufacturing defect in the coolant pipe fittings and any related safety consequences.

In response to ODI’s Information Request letter, Porsche identified a manufacturing quality issue with the supplier’s application of adhesive to coolant pipe fittings that resulted in elevated failure rates in approximately 6,800 early production 997 generation vehicles (MY 2007 and early MY 2008). ODI’s analysis of field data showed that the age-adjusted failure rate for these vehicles was approximately six times greater than MY 2001 through 2005 996 generation vehicles and MY 2008 through 2011 997 generation vehicles built after a process improvement for adhesive application was implemented by the supplier.

Most of the leak complaints reviewed by ODI did not appear to involve complete separation of the fittings and many were detected when the vehicle was parked. There were no crashes or injuries reported to be related to the alleged defect in any of the subject vehicles. ODI identified two allegations that coolant leakage resulted in loss of control incidents, but neither involved vehicles affected by the assembly process quality issue. A third loss of control allegation involving a vehicle built during the period affected by the supplier process concern is not counted since ODI was unable to contact the owner to confirm the incident. See the full closing resume in the document file for PE13-009


Resume Page 2 of 2Investigation: PE 13-009 Close

for additional information about the subject cooling system and ODI’s analysis of field data related to the alleged defect.

A safety-related defect has not been identified at this time and further use of agency resources does not appear to be warranted. Accordingly, this investigation is closed. The closing of this investigation does not constitute a finding by NHTSA that a safety-related defect does not exist. The agency will monitor this issue and reserves the right to take further action if warranted by the circumstances.


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EXHIBIT B


EXHIBIT C


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123/

11

WTY Manual MY2012 Cover USA ed.3-2011_2011 Cover USA 3-10 3/1/11 4:43 PM Page 1

Warranty and Customer Information

Model Year 2012

®

WTY Manual MY2012 Cover USA ed.3-2011_2011 Cover USA 3-10 3/1/11 4:43 PM Page 2Case 1:20-cv-00510-AT Document 12-1 Filed 02/26/20 Page 71 of 157

These express warranties are provided by Porsche Cars North America, Inc., and are inlieu of all other express warranties of Porsche Cars N.A., Inc., the manufacturer, andselling dealer.

Porsche Cars North America, Inc.980 Hammond DriveSuite 1000Atlanta, Georgia 303281 (800) PORSCHE

is the sole authorized importer of Porsche vehicles in the United States and offers these express warranties on U.S. model vehicles only.

WTY Manual MY2012 Cover USA ed.3-2011_2011 Cover USA 3-10 3/1/11 4:43 PM Page 3

© 2011 Porsche Cars North America, Inc.This manual is accurate at the time of printing.However, changes to the contents may be made at any time.Specifications are also subject to change without notice.

All rights reserved. Reproduction or translation in whole or in part is not per-mitted without written authorization from publisher.

Published by Porsche Cars North America, Inc.AfterSales PublicationsPrinted in the United States of America.

Direct inquiries to:

Porsche Cars North America, Inc.Attn: Customer Commitment980 Hammond Drive, Suite 1000Atlanta, Georgia 30328

or call:International toll free 1 (800) PORSCHE

Part Number - PNA 900 123 12 3/11

WTY Manual MY2012 Cover USA ed.3-2011_2011 Cover USA 3-10 3/1/11 4:43 PM Page 4Case 1:20-cv-00510-AT Document 12-1 Filed 02/26/20 Page 72 of 157

New Car Limited Warranty & Customer InformationModel Year 2012

2012 USA WTY Manual_V5 3/7/11 6:42 PM Page 1


Replacement Parts and AccessoriesLimited Warranty - Unlimited Mileage

Federal Emission Design & Defects Warranty - 24,000 Miles

California Emission Performance & Defects Warranty - 50,000 MilesNew Car Limited Warranty and Porsche 24-Hour Roadside Assistance Program - 50,000 MilesCalifornia Long-Term Emission Control System Defects Warranty - 70,000 MilesFederal Emission Performance Warranty - 80,000 MilesCorrosion Perforation Limited Warranty - Unlimited Mileage*

* Except for 911 GT2RS, GT3, & GT3RS, which are warranted for the term of the New Car Limited Warranty. See pages 11 & 12.**If your Porsche vehicle is a hybrid, additional warranty information specific to hybrid vehicles is included in the supplement material enclosedin your vehicle information packet.

New Car Limited Warranty Coverage Provided by PCNA

4 Years 7 Years 8 Years 12 Years3 Years2 Years

1



Please complete a change of address card, found at the back of thisbooklet, whenever there is a Name, Address, or Ownership change.

1st Owner

Address

Tel. No.

Purchase Date Mileage

2nd Owner

Address

Tel. No.


3rd Owner

Address

Tel. No.


4th Owner

Address

Tel. No.


5th Owner

Address

Tel. No.


6th Owner

Address

Tel. No.


2



3

Index

Warranty Coverage SectionWarranty Limitations and Disclaimers ...............................................5

Mediation/Arbitration Mechanism.....................................................6

New Car Limited Warranty ...............................................................8

Corrosion Perforation Limited Warranty ..........................................11

Pre-Delivery Inspection ..................................................................12

Porsche 24-Hour Roadside Assistance Program..............................12

Federal Emission Design and Defects Warranty...............................16

Federal Emission Performance Warranty ........................................17

2/24 Federal Emissions Parts List .................................................20

California Air Resources Board‘s California Warranty Statement........21

California Emission Performance and Defects Warranty ...................22

California Emission Extended Defects Warranty...............................24

California Emission Parts List Note ................................................26

Genuine Parts Information SectionTwo Year Unlimited Mileage Limited Warranty..................................28

Replacement Parts and Accessories Limited Warranty.....................29

Customer Information SectionOwner Satisfaction........................................................................34

Porsche Owner’s Arbitration Information .........................................35

General Information ......................................................................37

Notice to All Consumers................................................................38

State of California, Notice to Consumers ........................................39

State of Colorado - Notice to Consumers........................................41

State of Colorado, Notification to PCNA .........................................43

State of Connecticut, Notice to Consumers ....................................45

State of Florida, Notice to Consumers............................................46

State of Georgia, Notice to Consumers ..........................................47

State of Hawaii, Notice to Consumers ............................................48

State of Illinois, Notice to Consumers.............................................49

State of Indiana, Notice to Consumers ...........................................50

State of Iowa, Notice to Consumers...............................................51

State of Kansas, Notice to Consumers ...........................................52

State of Maine, Removable Notice to Consumers ............................53

State of Maryland, Notice to Consumers ........................................55

State of Massachusetts - Removable Notice to Consumers ..............57

State of Massachusetts, Notice to Consumers................................59

State of Minnesota, Notice to Consumers.......................................62

State of Montana, Notice to Consumers .........................................61

State of New Hampshire, Notice to Consumers...............................62

State of New Hampshire - Consumer & Vehicle Information Reply .....63

State of New Jersey, Notice to Consumers.....................................65

State of New Mexico, Notice to Consumers....................................66



State of New York, Notice to Consumers........................................67

State of North Carolina, Notice to Consumers.................................68

State of Ohio, Notice to Consumers ...............................................69

State of Pennsylvania, Notice to Consumers ...................................70

State of Rhode Island, Notice to Consumers ...................................71

State of South Carolina, Notice to Consumers ................................72

State of Tennessee, Notice to Consumers ......................................73

State of Texas, Notice to Consumers .............................................74

State of Vermont, Notice to Consumers .........................................75

State of Virginia, Notice to Consumers ...........................................76

State of West Virginia, Notice to Consumers ...................................77

State of Wisconsin, Notice to Consumers .......................................78

Reply CardsChange of Ownership/Address Cards.............................................81

Dr. Ing. h.c. F. Porsche AG is the owner of numerous trademarks, both registeredand unregistered, including, without limitation, the Porsche Crest®, Porsche®,Boxster®, Carrera®, Cayenne®, Cayman®, Panamera®, Tiptronic®, VarioCam®,PCM®, 911®, 4S®, FOUR, UNCOMPROMISED.® and the model numbers and thedistinctive shapes of the Porsche automobiles, such as the federally registered911 and Boxster automobiles. The third party trademarks contained herein are theproperty of their respective owners.

Index (cont’d)

4



5

All of the Warranties Described in this Booklet areSubject to the Following Limitations and Disclaimers:

Dispute Resolution

Porsche Cars North America, Inc. (“PCNA”) provides an alternate disputeresolution mechanism through CAP-Motors, administered by DeMars &Associates, Ltd. Page 6 of this booklet contains a brief description ofthe program. CAP-Motors may be reached at 1 (800) 279-5343.

YOU MUST UTILIZE PORSCHE’S CAP-MOTORS ARBITRATIONPROGRAM, ADMINISTERED BY DEMARS & ASSOCIATES, LTD.,BEFORE SEEKING TO ENFORCE RIGHTS OR OBTAIN REMEDIESIN COURT UNDER TITLE I OF THE MAGNUSON-MOSS CONSUMERWARRANTY ACT. IF YOU CHOOSE TO SEEK REDRESS BY PURSU-ING RIGHTS AND REMEDIES NOT CREATED BY TITLE I OF THEMAGNUSON-MOSS CONSUMER WARRANTY ACT, YOU DO NOTNEED TO UTILIZE THE CAP-MOTORS ARBITRATION PROGRAM.You should also be aware that if you seek remedies under the "lemonlaws" of your state, you may be required to use the CAP-MOTORS arbi-tration program. Please check the appropriate page in this booklet forthe requirements applicable to your state.

Warranty Outside the U.S.

If your car is taken to an authorized Porsche automobile dealer outsidethe U.S., PCNA’s warranty will not be applicable and defective parts willbe repaired or replaced only within the terms and limitations of the war-ranty for new Porsche vehicles for your model year in effect in the coun-try where such authorized Porsche automobile dealers are located.

Warranty Enforcement Laws (Lemon Laws)

Laws in many states and federal law permit owners and/or lessees toobtain a replacement vehicle or a refund of the purchase or lease priceunder certain circumstances. The provisions of these laws vary fromstate to state and vary from the federal law. To the extent allowed or notprohibited by applicable law, PCNA requires that you first provide PCNAitself with direct written notification of any alleged unrepaired defect ormalfunction, or any other dissatisfaction you have experienced with yourvehicle so that PCNA itself has the opportunity to cure the problem ordissatisfaction. Giving Porsche Cars North America itself this direct no-tice and opportunity to cure enables us to supplement prior efforts byour authorized dealers so any ongoing problem can be resolved or thedissatisfaction addressed by us. In states that have not enacted “lemonlaws,” we also require, without constituting any liability beyond the PCNAvehicle limited warranties, that you give PCNA itself direct written noticeof any service difficulty you have experienced. Written notifications, ei-ther required under an applicable “lemon law” or other written notifica-tions should be sent to PCNA, not one of our dealers, at:

PCNAAttn: Customer Commitment980 Hammond DriveSuite 1000Atlanta, GA 30328



Porsche Customer Commitment / Owners Arbitration Information

To Our Customer:

Porsche Cars North America, Inc. (“PCNA”) has a commitment to youand your satisfaction. From your first phone call or visit to the dealer-ship, through the purchase and delivery of your new Porsche automo-bile, to parts & service, your satisfaction is our number one objective.

If you should experience a problem that has not been resolved to yoursatisfaction through Porsche’s authorized dealers or Customer Commit-ment department, additional assistance may be available through CAP-Motors, Porsche’s Customer Arbitration Program.

CAP-Motors will resolve your complaint through arbitration – a processby which two or more parties authorize a third party to resolve the dis-pute. The decision is binding on PCNA but not on you. Some states re-quire you to utilize the CAP-Motors process prior to pursuing a “lemonlaw” action. Please refer to pages 35-37 of this booklet for more infor-mation.

What is CAP-Motors?

CAP-Motors, administered by DeMars & Associates, Ltd., is nationallystaffed with professionals who are experienced in mediation and arbitra-tion. CAP-Motors will investigate your case by reviewing the facts, in-specting the vehicle, and rendering a fair and equitable decision.

How much will it cost?There is no charge to you for submitting your dispute to CAP-Motors.However, you may be charged a nominal fee for being provided copiesof your case.

What Types Of Disputes Are Eligible?

CAP-Motors arbitrates disputes involving Porsche's product reliability orwarranty performance concerning your Porsche automobile. However,they will not arbitrate claims for a vehicle involved in an accident, usedfor commercial purposes unless the “lemon law” of your state coversvehicles used for commercial purposes, or claims where an airbag failedto deploy, or deployed when it should not have.

You must file a request for mediation /arbitration with CAP-Motors withinthe time period applicable to the warranty coverage as supplied byPCNA, provided the concern or alleged defect was brought to the atten-tion of PCNA or one of its dealers during the eligibility period.

6



7

How To Request Arbitration

You may file a claim at any time by contacting CAP-Motors toll-free at(800) 279-5343. You will need the following information:

• Vehicle year, make, model, vehicle identification number (VIN),mileage, and date of purchase.

• A brief description of your complaint and actions you have taken to re-solve it.

• Copies of invoices with your request for arbitration if you are seekingreimbursement for repairs or related incidental expenses.

• A copy of your vehicle registration.• A brief statement as to what action or remedy would resolve yourproblem.

Send your request to:

Consumer Arbitration Program for Motor Vehicles P. O. Box 1424Waukesha, WI 53187-1424Tel.: (800) 279-5343

CAP-Motors decisions will not include:

Attorney FeesPunitive DamagesMultiple DamagesConsequential Damages other than incidental damages whichyou may be entitled to under law.

What other recourse do I have available?

If you are dissatisfied with the arbitrator’s decision or Porsche’s remedy,you may pursue any other legal remedies which you may have availableto you, including small claims court. You should be aware that the arbi-tration findings are admissible as evidence in any subsequent legal pro-ceedings concerning your dispute. This description of CAP-Motors isbased upon the program at the time of publication. The program is sub-ject to change without further notice. Contact the PCNA Customer Com-mitment department at 1 (800) PORSCHE for the most currentinformation concerning the CAP-Motors Program.



New Car Limited WarrantyThis warranty is given to the owner of a Porsche automobile distributedby Porsche Cars North America, Inc. (“PCNA”) and sold by an authorizedPorsche automobile dealer in the United States.*

* Authorized Porsche automobile dealers are not owned by PCNA andare not agents of PCNA

Limitations and Disclaimers

PCNA’s written warranty is exclusive and in lieu of all other warranties,whether oral or written, express or implied.Any implied warranties, including the implied warranties of merchantabil-ity and fitness for a particular purpose, are limited to the duration of thewritten warranty.

PCNA does not authorize any individual or corporation to create for itany obligation, liability or other warranty in connection with this vehicle.PCNA disclaims any responsibility for loss of time or use of your car, aswell as any other incidental, special, consequential or other similar ex-penses or damages.

Some states do not allow either limitations on how long an implied war-ranty lasts, or the exclusion or limitation of incidental or consequentialdamages, so the above limitations or exclusions may not apply to you.These specific warranties give you specific legal rights, and you mayalso have other rights, which vary from state to state.

PCNA’s liability, if any, for products furnished under this warranty shall inno event exceed the cost of correcting defects in the product as hereinprovided and, upon the expiration of this warranty, any such liabilitiesshall terminate.

YOU MUST UTILIZE PORSCHE’S CAP-MOTORS ARBITRATIONPROGRAM, ADMINISTERED BY DeMARS & ASSOCIATES, LTD.,BEFORE SEEKING TO ENFORCE RIGHTS OR OBTAIN REMEDIESIN COURT UNDER TITLE I OF THE MAGNUSON-MOSS CONSUMERWARRANTY ACT. IF YOU CHOOSE TO SEEK REDRESS BY PURSU-ING RIGHTS AND REMEDIES NOT CREATED BY TITLE I OF THEMAGNUSON-MOSS CONSUMER WARRANTY ACT, YOU DO NOTNEED TO UTILIZE THE CAP-MOTORS ARBITRATION PROGRAM.You must use the CAP-MOTORS arbitration program if you are requiredto do so prior to seeking remedies available under the “lemon law” ofyour state. See the appropriate page in this booklet for specific require-ments applicable in your state. However, if your state law permits, youare not required to use CAP-MOTORS although that option is still avail-able to you.

DeMars & Associates, Ltd., Porsche’s administrator for the CAP-MO-TORS program, is located at P.O. Box 1424, Waukesha, WI 53187-1424. Its toll free telephone number is 1-800-279-5343. Moreinformation regarding the program is contained on pages 6, 7, 35, 36and 37 of this booklet.

Warranty Coverage

PCNA will repair or replace with a new or remanufactured part distrib-uted by PCNA, at its sole option, any factory-installed part that is defec-tive in material or workmanship under normal use. (Normal vehicle useis described in this Booklet.) Warranty repairs will be made free of charge for parts and labor at anauthorized Porsche dealership. Tires are not warranted by Porsche CarsNorth America but are warranted by the tire manufacturer. Contact yourlocal Porsche dealer for assistance.

From time to time, your Porsche dealer may install a component that is

8



an updated version of original factory equipment. These updates of orig-inal factory equipment are due to changes in technology only and arenot done to correct or remedy normal vehicle operating characteristics(as determined by Porsche) or conditions resulting from individual driv-ing habits.

Time and Mileage Period

This warranty begins on the date the car is first delivered to the first retail purchaser or the date it is first used as a demonstrator, lease, orcompany car, whichever comes first. The car is covered for four (4)years or 50,000 miles, whichever comes first.

To Get Warranty Service Under the New Car Limited Warranty

You must take your car, along with proof of purchase date, to an author-ized Porsche automobile dealer during normal service hours. If the caris not driveable because of a defect covered by this warranty, callPorsche 24-Hour Roadside Assistance and your Porsche automobile willbe transported to the nearest authorized Porsche dealership, or contactthe nearest authorized Porsche automobile dealer for further assistance.You are responsible for presenting your Porsche automobile to aPorsche dealer as soon as a problem exists. Failure to do so could re-sult in consequential damage that may not be covered by your new carLimited Warranty.If you cannot obtain warranty service, or you are dissatisfied with theservice or with a warranty decision, refer to the Consumer Informationsection in this Booklet.

Emergency Repairs

Should the car become completely disabled, requiring repair in order tobe driven, and there is no authorized Porsche automobile dealer in thevicinity, have the repair performed sufficient to drive the car and return

the replaced parts and paid repair order to your authorized Porschedealer for reimbursement consideration.

This Warranty Does Not Cover:

• Emission Control Systems and Corrosion. (Refer to the Emission Con-trol and Corrosion Limited Warranties in this Booklet.)

• Batteries damaged from storage, lack of normal vehicle use, or non-Porsche approved electrical or accessory installation.

• Tires damaged by road hazard. (If you need further assistance, con-tact your authorized Porsche automobile dealer.)

• Tires damaged by premature wear.Note: Porsche's race-bred heritage demands that tires are an integralpart of the vehicle suspension, braking, and active safety systems. Asa result, all Porsche automobiles are equipped with tires designed forhigher performance than those found on other passenger vehicles.While tire wear varies with vehicle operation, high performance tireslike these are designed to assist the vehicle's suspension in deliveringincreased cornering forces and better handling. Thus, they may ex-hibit increased wear characteristics when compared to tires on otherpassenger vehicles. Consult your Owner's Manual for information con-cerning the proper care and selection of your tires. (Refer to thePorsche Tire Information Guide for additional information.)

• Parts that fail due to lack of required maintenance or use of non-PCNAdistributed parts.

• Normal wear or deterioration of any part.• Cleaning and polishing.• Contamination of fuels, lubricants, or other fluids.• Lubricants, unless part of a warranty repair.• Air conditioner refrigerant charge after the first three months of serv-ice unless part of a warranty repair.

• Glass breakage, chips and/or scratches that are not due to a defect

9



in material or workmanship.• Appearance items that are not due to a defect in material or workmanship.• Any car registered or normally driven outside of the United States andCanada.

• The replacement of expendable maintenance items (such as sparkplugs, filters, worn wiper blades, worn brakes, worn clutches, worntires) when the replacement is not due to a defect in material or work-manship.

• The adding of any fluids unless they are needed as part of a warranty re-pair.

• Any car with an odometer that has been altered so that the actualmileage cannot be determined.

• Dealer-installed accessories not distributed by PCNA. (Refer to the Re-placement Parts and Accessories Limited Warranty in this Booklet.)

• Wheel balancing and wheel alignment beyond the first three months ofservice unless part of a warranty repair.

• Unauthorized modifications or vehicles with total loss or salvage titles.• Modifications not authorized by PCNA• Service adjustments (such as idle speed, air/fuel mixture, brake,clutch, headlight, and drive belts) beyond the first three months ofservice unless part of a warranty repair.

• Improper repairs by someone other than PCNA or its authorized deal-ers.

• Abuse, accident, acts of God, competition, racing, track use, or otherevents.

Note 1: Components and/or parts that fail during racing or drivingevents (including Porsche sponsored events) may not be covered by thenew car Limited Warranty.Note 2: You should also be aware that PCNA may deny you warrantycoverage if your vehicle or a part has failed due to abuse, neglect, im-proper maintenance or unapproved modifications.• Minor wind noise and insignificant seepage at the joints be-

tween the top and the body, or door windows in Cabriolet,hardtop, or Targa models cannot be completely avoided underall circumstances. Your Cabriolet should not be washed in acar wash and may experience damage to the top or rear win-dow due to the scratching by the brushes or may experienceleaks due to the high pressure water streams directed in areaswhich would not experience water in normal driving conditions.It is extremely important to have the cabriolet and soft topdrains (including the body cowl drains) cleaned as part of yearlymaintenance or more frequently if they become clogged with de-bris. Failure to do so may result in subsequent damage. Pleasesee your authorized Porsche dealership for details concerningrequired maintenance.

• The outside of the underbody (floor pan) or any other part of the car except body panels.

• Paint damage caused by abuse or lack of proper maintenance.• Environmental damage (such as that caused by acid rain or other in-dustrial pollution, insect or bird droppings, tree sap, stones or otherflying missiles, highway maintenance chemicals, flood, storm, andother forms of disaster.)

• Paint color matching. (PCNA reserves the right to decide whetherpainting the repaired or replaced panel to match the original finish ispracticable. PCNA will not, under any circumstances, pay for paintingthe entire car solely for paint color matching.)

• Paint damage caused by the application of unauthorized paintsealants or polymers. See your authorized Porsche automobile dealerfor details.

•Note: Your vehicle is a mechanical device. All mechanical de-vices make some sort of noise and/or vibration, and thesenoises and vibrations can differ from vehicle to vehicle. PCNArecognizes those noises as normal and characteristic of the

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product. Normal noises or vibrations as determined by PCNAcan be anything from brake squeal to road vibration. Therefore,normal noise and/or vibration and/or deterioration as deter-mined by PCNA or its representative are not covered by ourNew Car Limited Warranty.

Your Responsibility for Using Appropriate Replacement Parts

PCNA recommends only the use of parts supplied by PCNA The use ofreplacement parts not supplied by PCNA may void some or all of yourcar’s limited new car warranty. If a replacement part that PCNA did notsupply is used in maintenance, repair, or modification of your car, andan authorized Porsche representative determines it is defective or notequivalent to the original part, your claim for warranty repair or some orall of your car’s limited new car warranty may be voided.

Your Responsibility for Maintenance

You must maintain your Porsche automobile according to the MaintenanceSchedule in the Maintenance Booklet and the Car Care Instructions inthe Owner’s Manual and keep the receipts as proof of maintenance.

Your Responsibility for Normal Vehicle Use

Your Owner’s Manual (which includes specific recommendations againstusing your car in certain ways) was written with the assumption that youwill use your car only in ways for which it was designed:

• To carry passengers and cargo within specified load limits. (The load limits are specified on labels located in different places depending on your model Porsche. Your Owner’s Manual gives the locations.)

• To be driven on reasonable road surfaces within legal speed limits.Porsche Guidelines specify reasonable mileage to be at least 15

miles / 24 kilometers per day or 6000 miles / 9600 kilometers per rolling 12 months.

• If you drive less than the above-mentioned limits, or in the event ofprolonged storage, contact your local authorized Porsche dealer forinstructions.(Note: A battery maintainer is available at your local authorized Porsche dealer. It must be used to maintain your vehicle’s battery state of charge if your vehicle will not be used for several days.)

• To be run on unleaded gasoline with the recommended octane rating as specified in the Owner‘s Manual.

• To be properly maintained according to the Maintenance Schedule in the Maintenance Booklet and Car Care Instructions in your Owner’s Manual. You must keep the receipts as proof of maintenance.

You are responsible for presenting your Porsche automobile to aPorsche dealer as soon as a problem exists. Failure to do so could re-sult in consequential damage that may not be covered by your New CarLimited Warranty.

Corrosion Perforation Limited Warranty

This warranty is given to the owner of a Porsche automobile distributedby PCNA through and sold by an authorized Porsche automobile dealerin the United States. Only the owner of the car is entitled to coverageand reimbursement under this warranty; this right cannot be transferredto anyone else (such as an insurance company).


This warranty begins on the same date as the New Car Limited War-ranty, and continues for 12 years with no mileage limit (except for911 GT2RS, GT3, & GT3RS, which are warranted for the term of the New Car

11



Limited Warranty.). Any parts repaired or replaced under this warranty arecovered only for the remainder of this warranty.

Warranty Coverage

PCNA will repair or replace with new parts distributed by PCNA, at itssole option, any original body panels, including those repaired or re-placed under this warranty, that are rusted completely through from theinside out (perforated by corrosion). The owner will not be charged formaterial and labor. All parts replaced under this warranty become theproperty of PCNA

Pre-Delivery InspectionPorsche seeks to provide the highest degree of customer satisfactionpossible. Accordingly, repairs and replacements are made at differentstages of the delivery process in order to assure high standards of qual-ity for your new car.

Every effort is made to detect and remedy even the slightest flaws, ordamage, at inspection sites at the factory, after transportation from thefactory, and at the dealer location. Damage to, or flaws in, the mechani-cal systems, body, electrical system, frame, paint, trim, interior, andother components of your car, whether occurring at the factory or dur-ing transportation, may have been repaired or replaced.

Porsche 24-hour Roadside Assistance ProgramPorsche Cars North America, Inc. (“PCNA”) is committed to the premisethat owning a Porsche will be as satisfying as driving a Porsche. To en-hance your ownership experience, PCNA provides complimentary cover-age in the Porsche Roadside Assistance program for the duration ofyour New Car Limited Warranty or Porsche Approved Certified Pre-Owned Limited Warranty period. Our team of trained and qualified Road-

side Assistance professionals is available 365 days a year to assist indetermining the best service option for your situation. Roadside Assis-tance, teamed with its comprehensive nationwide towing network,brings you world-class assistance, anywhere in the United States orCanada. We know that you take pride in your Porsche, and authorizedPorsche dealers are committed to the care of your exceptional vehicle.In many situations preventive care could be the key to avoiding a needfor emergency assistance. Adhering to your vehicle’s regular mainte-nance schedule, keeping the battery charged when your vehicle is notdriven on a regular basis, and checking tire pressure frequently, will helpyou avoid those times when it may be necessary to call Porsche Road-side Assistance.

Porsche Roadside Response

In certain metropolitan markets, Roadside Assistance includes mobiledealer Roadside Response teams that can be quickly dispatched andare equipped to assist with certain services. Porsche Roadside Assis-tance will screen each service request to determine whether the circum-stances can be handled by a dealer Roadside Response team or if thevehicle will need to be transported to the nearest dealer.1

The Porsche Roadside Assistance program offers the following services:

• Emergency towing• Battery jump start• Flat tire assistance• Lock-out assistance• Emergency fuel delivery• Extrication/winch service• Trip interruption reimbursement

Roadside Response teams are equipped to assist with:

1 Roadside Response repairs may involve charges for parts and/or labor.12



• Battery jump start and/or on-site battery replacement1

• Flat Tire assistance – install puncture repair system, operator’sspare tire or dealer’s loaner spare tire

• Lock-out assistance• Emergency fuel delivery

Emergency Towing

If your Porsche vehicle becomes disabled due to a warrantable mechan-ical breakdown, your vehicle will be transported to the nearest Porschedealership. However, you may request that your Porsche be taken to adifferent Porsche dealership, as long as that dealership is within a 50mile/80 kilometer radius of your breakdown location.2

For security reasons, towing services cannot be provided to an unat-tended vehicle. Therefore, a licensed driver must be on the scene tomeet the service provider.

If a breakdown occurs after normal business hours, and the servicingPorsche dealership does not have a secure storage lot, your Porschewill be stored in a secure location and transported to the dealership thenext business day. Your vehicle must be located on or in an area imme-diately adjacent to a regularly traveled road that can be accessed withstandard servicing equipment.

Battery Jump Start

If your Porsche won’t start due to a weak battery, Roadside Assistancewill send an authorized service provider to “jump start” your vehicle. Ifyour vehicle is not driven on a daily basis or has not been started formore than six (6) weeks, the battery may need to be replaced. This willnot be covered by Porsche’s New Car Limited Warranty. Porsche Road-side Assistance can arrange transportation to the dealer for batteryservice, at your expense. If the dealer determines that the battery failed

due to a warrantable issue, your tow expenses will be reimbursed bythe Porsche dealer.

Please remember that proper maintenance of the battery includes oper-ating the vehicle on a regular basis to keep the battery charged and/orutilizing a Porsche Battery Charger/Maintainer.

Flat Tire Assistance

Your Porsche tires have been designed specifically for your vehicle.They are identified by an N-specification (N-0, N-1, etc.) on the sidewallindicating that the tires have been tested and approved for release byPorsche’s engineering department. When an N-spec tire becomes dam-aged it must be replaced and the tread depth of the undamaged tiresshould be examined.

Should a tire lose air, rendering your Porsche inoperable, there are severaloptions to get you on your way. The Porsche Roadside Assistance profes-sionals will help you determine the best servicing choice for your needs.Only in situations where the damage to the tire is beyond temporary re-pair will it be necessary to transport the vehicle to the nearest Porschedealership for tire replacement.3

Should the tire event occur in excess of 100 miles/160 kilometers fromthe nearest Porsche dealership, the Porsche Roadside Assistance pro-fessionals are equipped to assist you in purchasing the correct replace-ment tire so that your vehicle may be transported to a Preferred TireInstaller in your area. Costs associated with the tire will be your respon-sibility; however, Porsche Roadside Assistance will cover expenses re-lated to the tow.

In all situations N-spec tires are not repairable nor are they coveredunder the New Car Limited Warranty or Porsche Approved Certified Pre-Owned Limited Warranty.

2 Your vehicle must be located on or in an area immediately adjacent to a regularlytraveled road that can be accessed with standard servicing equipment. 13

3 Your vehicle must be located on or in an area immediately adjacent to a regu-larly traveled road that can be accessed with standard servicing equipment.



Lock-out Service

Should the key to your vehicle become locked inside, a qualified serviceprovider will be dispatched to gain access to your vehicle.

Lost or Stolen Key

Should your key become lost or stolen, lock-out service can still be pro-vided but every attempt should be made to obtain your spare key toavoid repair costs that are not covered by the Porsche Roadside Assis-tance. Consult your authorized Porsche dealer for more information.Emergency Fuel Delivery

If you happen to run out of fuel, Porsche Roadside Assistance will pro-vide enough fuel to get you to the nearest gas station.

Extrication/Winch Service

Service will be provided to extract your Porsche from mud, sand, snow,or a ditch.4

Trip Interruption

If your Porsche becomes disabled more than 100 miles/160 kilometersfrom your residence and causes an unexpected stay overnight, you maybe eligible for reimbursement of your expenses of up to $250 USD /$325 CAD per day for up to three days, up to a maximum of $750 USD/ $975 CAD per event including all taxes and surcharges and limited toreasonable expenses. This includes situations where the vehicle cannotbe started or driven without causing damage and the local Porsche deal-ership is not able to repair the problem the same day.Trip Interruption coverage includes reimbursement for:

• Meals • Lodging• Alternate transportation

• Car rental (in cities not serviced by a Porsche dealer within 50 miles)

In certain situations, Trip Interruption reimbursement can be applied to-wards a vehicle reunite (returning your Porsche to your work or resi-dence). Please contact 1-800-PORSCHE for prior authorization.

Please note that Trip Interruption reimbursement covers reasonable ex-penses incurred due to a warrantable mechanical failure only. Expensesrelated to tire and battery issues are not eligible for reimbursement.

To Make a Claim for Trip Interruption

You must contact Porsche Roadside Assistance for a reference numberand instructions for reimbursement consideration within 24 hours of dis-ablement. All claims must be submitted within thirty (30) days after theevent, and must be accompanied by a brief summary of the incident,and original itemized receipts indicating amount paid, date, and name ofservice provider(s) to:

Porsche Roadside Assistance – Trip Interruption980 Hammond Drive, Suite 1000Atlanta, Georgia 30328Please allow 3-4 weeks for processing of your reimbursement.

Limitations

Every effort will be made to ensure the services you receive under thePorsche Roadside Assistance program are of the highest quality. Allroadside services will be delivered to you through a comprehensive net-work of independent service operators.5 However, since these opera-tors are independent business people, Porsche Roadside Assistancecannot assume any liability for any loss, damage, or consequences re-sulting from the rendering of such service. Should your vehicle becomedisabled on a restricted highway, Porsche Roadside is limited in its abil-5 Services provided by Signature Motor Club.

144 Your vehicle must be located on or in an area immediately adjacent to a regularly

traveled road that can be accessed with standard servicing equipment.



ity to transport your vehicle. Once the vehicle has been moved to a non-restricted road, Porsche Roadside is able to complete the vehicle trans-port to an authorized Porsche dealer.

Program Exclusions

Specifically excluded from this coverage are:• Vehicle abuse, vandalism, accidents, acts of God, competition racing or track use, or other events beyond the control of PCNA.

• Fines, taxes, or impound fees caused by a violation of local or state law.

• Expenses related to hazardous weather conditions (removal from snow, ice, etc.)

• Expenses for the removal of snow tires, and mounting or removal of snow chains.

• If your Porsche has aftermarket tires and/or wheels installed or has had the suspension modified, Porsche Roadside Assistance will assistin setting up transport of your vehicle, but this expense will not be covered under the Porsche Roadside Assistance program.

Helpful Tips

Maintaining the Life of Your Battery

• Start and drive your Porsche on a regular basis.• After parking your Porsche, always remove the key from the ignition and lock the vehicle.

• If you drive less than 6000 miles/9600 kilometers per 12 rolling months, or if the vehicle will experience prolonged periods of storage,Porsche recommends using a battery maintainer, available from your authorized Porsche dealer.

Tires

• Regularly check tires for accurate pressure and tread wear. If tire pressure is low, add air to the correct PSI or contact Porsche Roadside Assistance for direction.

• Each Porsche model is not equipped with the same tire components. It is important for you to know if your vehicle is equipped with a spare tire.

• Have tires checked by your Porsche dealer before embarking on a long trip.

• If possible, plan ahead for new tires. Tire sizes vary and your Porschedealership may not have your size in stock. Your Porsche dealer should be able to obtain a tire within two business days after your order placement.

Tools

A tool kit containing the vehicle’s tow eye and tire sealant, if equipped,can be found in the tool storage area in either the front luggage com-partment (sports cars) or rear storage area (Cayenne and Panamera).

Emergency Operation

The doors, luggage compartment lid, fuel filler flap, and sliding roof canbe operated manually in the event of technical fault. Please consult yourOwner’s Manual or call Porsche Roadside Assistance for directions.

Remote Control Standby/Sleep Mode (Sports cars only)

In order to extend the life of the battery, your Porsche will automaticallygo into a remote control standby/sleep function if it is not unlocked orstarted within 5-7 days. To wake up/reactivate your remote:

• Unlock the driver’s door at the lock using your vehicle’s key.• Leave the door closed to prevent triggering the alarm system.• Press the lock/unlock button on the remote control. The remote

15



control is now reactivated.

Vehicle Storage Procedures

• Fill up the fuel tank.• Increase the tire pressure to 58 psi.• The vehicle should be moved slightly, approximately every four weeks, to prevent flat spotting of tires.

• Windows, doors, lids and top must be closed. The air vents should be opened.• Change the oil and oil filter, and run the engine for several minutes.• Check and correct coolant/cleaning solution level as necessary.• The air conditioning system should be in good working condition and fully charged.

• Lock the vehicle.• Note: It is not recommended to lift the vehicle, due to the possibility of corrosion on shock absorber piston shafts.The staff at your authorized Porsche dealer will be glad to advise you on the most suitable and necessary storage methods.

Porsche Roadside Assistance Contact Numbers:

1-800-PORSCHE(1-800-767-7243)(Option 1 for USA and Option 2 for Canada)

Federal Emission Design and Defects Warranty

This warranty is in addition to the Porsche New Car Limited Warranty.


This warranty begins on the date the car is delivered to the first retailpurchaser, or the date it is first used as a demonstrator, lease, or com-

pany car, whichever comes first. It continues for two years or 24,000miles, whichever comes first, for all parts shown in the 2/24 FederalEmissions Parts List, and for eight years or 80,000 miles for the cat-alytic converter, the Emission Control Unit, and the On-Board DiagnosticSystem.

Warranty Coverage

Porsche Cars North America, Inc. (“PCNA”) warrants to the owner of thiscar that the automobile was designed, built, and equipped to conform atthe time of sale with all U.S. emission standards applicable at the timeof manufacture, and that it is free from defects in material and workman-ship which would cause it not to meet those standards.

“The warranties required by the State of California law apply toall new Porsche vehicles imported and distributed by Porschefor sale and registration in the State of California, Connecticut,Maine, the Commonwealth of Massachusetts, New Jersey, Ore-gon, Pennsylvania, Rhode Island, Vermont, and WashingtonState. Therefore, the owner of an above mentioned vehicle mayhave warranty rights under both Federal and State mandatedemissions warranties.”


• Failures or malfunctions resulting from abuse, improper repairs, mis-use, alteration, accident, acts of God, or other events beyond the con-trol of PCNA, use of leaded gasoline or lack of proper maintenance asspecified in the Maintenance Schedule located in the MaintenanceBooklet. (As proof of proper maintenance, you must have receiptsshowing that all scheduled maintenance has been done. These re-ceipts should remain with the car if it is sold. Claims for repair or ad-justment necessary solely because of defects in material or

16



workmanship will not be denied because the car or engine was notproperly maintained or used.)

• Replacement of expendable maintenance items (such as spark plugs,filters, hoses, belts, coolant, or lubricants) beyond their first sched-uled maintenance.

• Loss of time or use of the car, or to the extent permitted by law orregulation, any other consequential damages.


• Any car registered or normally driven outside of the U.S., District ofColumbia, Puerto Rico, Guam, American Samoa, the Northern Mari-ana Islands, or the U.S. Virgin Islands.


PCNA recommends only the use of parts supplied by PCNA The use ofreplacement parts not supplied by PCNA may void some or all of yourcar’s limited new car warranty, If a replacement part that PCNA did notsupply is used in maintenance, repair or modification of your car, and anauthorized Porsche representative determines it is defective or notequivalent to the original part, your claim for warranty repair or some orall of your car’s limited new car warranty may be voided.




• To be driven on reasonable road surfaces within legal speed limits.Porsche Guidelines specify reasonable mileage to be at least 15 miles / 24 kilometers per day or 6000 miles / 9600 kilometers per rolling 12 months.




You are responsible for presenting your Porsche automobile to aPorsche dealer as soon as a problem exists. Failure to do so could re-sult in consequential damage that may not be covered by your limitedfactory warranty.

Federal Emission Performance Warranty


This warranty begins on the date the car is delivered to the first retailpurchaser, or the date it is first used as a demonstrator, lease or com-pany car, whichever comes first. It continues for eight years or 80,000miles, whichever comes first.

Warranty Coverage

Porsche Cars North America, Inc. (“PCNA”) warrants to the owner of any

17



Porsche automobile that:• if your car is maintained and used according to the instructions for itscare and use in the Owner’s Manual;

• it fails an EPA-approved Emission Short Test at any time during eightyears or 80,000 miles, whichever comes first; and

• such a failure could result in your being penalized or sanctioned (includingdenial of the right to use your car under local, state, or federal law);

then PCNA will, at no cost to you:

• during the first 2 years or 24,000 miles, whichever comes first, makeall adjustments, repairs and replacements necessary to ensure yourcar’s compliance with Environmental Protection Agency emission stan-dards, and its continued compliance for the remainder of the warrantyperiod (if properly maintained and used);

and

• during the remainder of the warranty period, adjust, repair, or replacethe catalytic converter, Emission Control Unit, or On-Board DiagnosticSystem.

To Get Warranty Service

An EPA-approved Emission Short Test may be made on your car as partof a state inspection and maintenance program. If your car fails the test,and you are faced with a possible penalty or sanction, take your car toyour authorized Porsche automobile dealer. Take along a copy of theShort Test report, as evidence of the failure, and your maintenancerecords.

Your authorized Porsche automobile dealer is required to either validateor deny your claim for adjustment, repair or replacement of any partslisted in this Booklet (1) within 30 days from the time you bring your carto the dealer or (2) within the time required by local, state or federal law

for the car to be repaired without incurring further penalty, whichever isshorter. Exceptions are when you, the owner, request a delay, or a delayis caused by circumstances beyond the control of PCNA or the author-ized dealer. If an authorized Porsche automobile dealer cannot repairyour car or process your claim within a reasonable period of time, con-tact PCNA Customer Commitment Department for assistance at 1 (800)PORSCHE or at the address shown on the inside front cover of thisbooklet.

If your claim is denied, PCNA will explain to you why, in writing. Failure todo so within the required time limit makes PCNA liable for correcting,without charge to you, whatever caused the EPA-approved emission testfailure.

If, after your claim has been correctly processed by an authorizedPorsche automobile dealer, you believe you did not receive the warrantycoverage described in this warranty, you may write directly to:

Director, Field Operation and Support Division (6406J)Environmental Protection Agency401 M Street S.W.Washington, D.C. 20460


This warranty assumes you will maintain your Porsche automobile ac-cording to the Maintenance Schedule in the Maintenance Booklet andCar Care Instructions in the Owner’s Manual. This schedule is designedto keep your emission control systems functioning properly by maintain-ing your car’s total operating performance. Any lack in total operatingperformance may affect your engine’s emissions.

Maintenance, replacement, or repair of emission control devices andsystems may be done by any automotive repair establishment or individ-ual using parts that are certified to EPA standards. This includes tempo-

18



rary emergency repairs to correct a problem that could be a safety haz-ard. However, repairs covered by this warranty (except for those tempo-rary emergency repairs) must be made at an authorized Porscheautomobile dealer, except as provided otherwise by state or local law.

If your car fails the Emission Short Test, and you make a claim to have itbrought into compliance with EPA standards, your authorized Porscheautomobile dealer may ask you for evidence that you have properlymaintained and used the car if they have reason to believe that themaintenance was not performed and could be the cause of Test failure.

Such evidence may consist of:

• A maintenance log book, dated and signed by a person who regularlyservices automobiles, that includes the odometer mileage when thecar was serviced.

• Receipts for required maintenance, including the odometer mileagewhen the car was serviced, dated and signed by a person who regu-larly services automobiles.

• A statement that you, the owner, performed the required work prop-erly. The statement must be accompanied by receipts for certified re-placement parts and include the odometer mileage when the car wasserviced. (You may be asked to demonstrate that you are able to dothe work properly.)

An authorized Porsche automobile dealer’s decision that the use of thecar has been other than normal is reason for denial of your claim underthis warranty. (For a description of normal vehicle use, refer to the Main-tenance Schedule in the Maintenance Booklet and Car Care Instructionsin the Owner’s Manual.)

Any claim you make for adjustment, repair, or replacement necessary tobring your car into compliance with EPA emission standards may be de-nied if:

• You have not maintained your car according to the MaintenanceSchedule in the Maintenance Booklet and Car Care Instructions in theOwner’s Manual.

• The maintenance has been done incorrectly.• A part that the Maintenance Schedule requires to be checked atstated intervals is not checked, and not checking it causes the failureof an emission controls part.

However, claims for repair or adjustment necessary solely because ofdefects in material or workmanship will not be denied because the caror engine was not properly maintained or used.

Note: Receipts for maintenance should remain with the car if it is sold.



• To carry passengers and cargo within specified load limits. (The loadlimits are specified on labels located in different places depending onthe model of your Porsche automobile.) See your Owner’s Manual fortheir locations.

• To be driven on reasonable road surfaces within legal speed limits.• To generally be driven daily over a distance of several miles. In theevent of prolonged storage, contact your local authorized Porsche au-tomobile dealer for instructions.

• A battery maintainer is available at your local authorized Porschedealer. It must be used to maintain your vehicle’s battery state ofcharge if your vehicle will not be used for several days.

• To be run on unleaded gasoline with the recommended octane ratingas specified in the Owner‘s Manual.

• To be properly maintained according to the Maintenance Schedule in

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the Maintenance Booklet and Car Care Instructions in the Owner’sManual.


PCNA recommends only the use of parts supplied by PCNA or equiva-lent parts which are certified by their manufacturer to meet EPA stan-dards. The use of uncertified replacement parts not equivalent in qualityor design to parts supplied by PCNA may impair the effectiveness ofyour car’s emission control systems. If an uncertified replacement partis used in the maintenance or repair of your car, and an authorizedPorsche automobile dealer determines it is defective or not equivalentto the original part from an emissions standpoint, your claim for repairto bring your car into compliance with EPA standards may be denied. Ifthe uncertified part is not related to the reason your car fails to meetthe standards, your claim will not be denied.

2/24 Federal Emissions Parts List1. Fuel Metering Systema. Fuel injection system b. Air/fuel ratio feedback and control system c. Cold start enrichment system d. Oxygen sensor e. Electronic control module f. Airflow sensor

2. Air Induction System a. Intake manifold

3. Ignition System a. Distributor and internal parts b. Spark advance/retard system

c. Spark plugsd. Ignition wirese. Ignition coil and/or control module

4. Evaporative Control System a. Vapor storage canister b. Vapor liquid separator c. Fuel tank and filler cap d. Purge valve/solenoid

5. Positive Crankcase Ventilation (PCV) System a. Oil filler cap

6. Air Injection System a. Air pump b. Valves affecting distribution of flow c. Distribution manifold

7. Catalyst System a. Catalytic converter b. Restricted fuel filler neckc. Exhaust manifold d. Exhaust pipe from exhaust manifold to catalytic converter

8. On-Board Diagnostic System

9. Miscellaneous Items Used in Above Systems a. Hoses, clamps, fittings, tubing, gaskets and seals b. Pulleys, belts and idlers c. Electronic controls d. Vacuum, temperature and time sensitive valves and switches

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California Air Resources Board's California Emission Control Warranty Statement

Your Warranty Rights and Obligations

The California Air Resources Board is pleased to explain the EmissionControl System Warranty on your vehicle. In California, new motor vehi-cles must be designed, built, and equipped to meet the State’s stringentanti-smog standards. Porsche Cars North America, Inc. (“PCNA”) mustwarrant the emission control system on your vehicle for the periods oftime listed below provided there has been no abuse, neglect, or impropermaintenance of your vehicle.

Your emission control system may include parts such as the fuel-injec-tion system, the ignition system, catalytic converter, and engine com-puter. Also included may be hoses, belts, connectors, and otheremission–related assemblies.

Where a warrantable condition exists, PCNA will repair your vehicle at nocost to you including diagnosis, parts, and labor.

Manufacturer’s Warranty Coverage:

For 3 years or 50,000 miles whichever occurs first:

1. If your vehicle fails a Smog Check inspection, all necessary repairsand adjustments will be made by PCNA to ensure that your vehiclepasses the inspection. This is your emission control system Perform-ance Warranty.

2. If any emission–related part of your vehicle is defective, the part willbe repaired or replaced by PCNA This is your short–term emissioncontrol system Defects Warranty.

For seven years or 70,000 miles, whichever occurs first:

1. If an emission-related part listed in this warranty booklet speciallynoted with coverage for seven years or 70,000 miles is defective,the part will be repaired or replaced by PCNA This is your long-termemission control system Defects Warranty.

Owner’s Warranty Responsibilities

As the vehicle owner, you are responsible for the performance of the re-quired maintenance listed in your Maintenance Booklet. PCNA recom-mends that you retain all receipts covering maintenance on your car,but PCNA cannot deny warranty solely for the lack of receipts or foryour failure to ensure the performance of all scheduled maintenance.

You are responsible for presenting your vehicle to a Porsche automobiledealer as soon as a problem exists. The warranty repairs should be com-pleted in a reasonable amount of time, not to exceed 30 days.As the vehicle owner, you should also be aware that PCNA may denyyou warranty coverage if your vehicle or a part has failed due to abuse,neglect, improper maintenance, or unapproved modifications.

If you have any questions regarding your warranty rights and responsibil-ities, you should contact the PCNA Customer Commitment Departmentat 1 (800) PORSCHEor:

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California Air Resources BoardMobile Source Operations DivisionP.O. Box 8001El Monte, California 91731-2990

For further details of this coverage, please see the following pages.

California Emission Performance & Defects Warranty


This warranty begins on the date the car is delivered to the first retailpurchaser, or the date it is first used as a demonstrator, lease or com-pany car, whichever comes first, and continues for three years or50,000 miles, whichever comes first. This warranty applies to aPorsche automobile certified to California requirements and registeredin California. Please note that some parts of your car are warranted forseven years or 70,000 miles, whichever comes first.

If your vehicle is between three and five years old and has been drivenless than 50,000 miles, then your vehicle is eligible for additional war-ranty coverage under the Federal Emissions warranty.

Warranty Coverage

Porsche Cars North America, Inc. (“PCNA”) warrants to the owner of aPorsche automobile that if:• your car is maintained and used according to the Maintenance Sched-ule in the Maintenance Booklet and Car Care Instructions in theOwner’s Manual; and

• it fails an authorized California Inspection and Maintenance (SmogCheck) test at any time during three years or 50,000 miles, whichevercomes first,

• or a part that effects emissions on the vehicle fails due to defects inmaterial and/or workmanship and, therefore, causes the vehicle to failto conform to the applicable California requirements at any time dur-ing three years or 50,000 miles, whichever comes first,

then PCNA will, at no cost to you:

• during the first three years or 50,000 miles, whichever comes first,make all diagnosis, adjustments, repairs, and replacements necessaryto correct the defect or to ensure your car passes the Smog Checktest.


• Malfunctions in any part or system caused by misuse, modification, al-teration, tampering, disconnection, improper or inadequate mainte-nance, or use of leaded gasoline or gasoline not of the recommendedoctane rating.

• Damage resulting from accident, road hazards (on or off the road),track use or competitive events, acts of God, or other events beyondthe control of PCNA

• Warranted parts beyond their first scheduled replacement interval.(The replacement parts may be covered by the Replacement PartsLimited Warranty outlined in this booklet.)

• Loss of time, inconvenience, loss of use of the car, or commercialloss.



Take your car to an authorized Porsche automobile dealer along with acopy of the Smog Check test printout, or other evidence of the failureor defective part, and your maintenance records.

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In an emergency, where an authorized Porsche automobile dealer is notavailable, repairs may be made at any available service facility or byyourself using any equivalent replacement part. A part not being avail-able from PCNA or a repair not being complete within 30 days consti-tutes an emergency. PCNA will reimburse you for repairs covered by thiswarranty as follows: parts at PCNA suggested retail price, and laborcharges based on the manufacturer’s recommended time allowance forthe warranty repair and the geographically appropriate hourly labor rate.For reimbursement, present the replaced parts and a copy of the paidreceipt to an authorized Porsche automobile dealer. PCNA wants tomake sure the Emission Performance and Defect Warranty is properlyadministered. If you cannot get warranty service, or you are dissatisfiedwith the service or with a warranty decision, refer to the Consumer Infor-mation section of this Booklet.

An authorized Porsche automobile dealer is required to either repairyour car so that it will pass the Smog Check test, or replace a partwhich is defective within 30 days from the time you bring your car to thedealer. If an authorized Porsche automobile dealer cannot repair yourcar or process your claim within this period of time, you may contactPCNA Customer Commitment for assistance, or have the car repairedunder the emergency repair guidelines.

If your claim is denied, PCNA will explain to you why. If you believe youhave not received the warranty coverage described in this warranty, youmay write directly to:



This warranty assumes you will have the required maintenance per-formed on your Porsche automobile according to the MaintenanceSchedule in the Maintenance Booklet supplied with your vehicle. Thisschedule is designed to keep your emission control systems functioningproperly by maintaining your car’s total operating performance. Any lackin total performance may affect your engine’s emissions.

Maintenance, replacement, or repair of emission control devices andsystems may be done by the owner, at a service establishment of theowner’s choosing, or by a person or persons of the owner’s choosingusing any replacement part. However, only repairs made at an author-ized Porsche automobile dealer will be covered by this warranty (exceptfor emergency repairs). PCNA assumes no liability for the workmanshipat any service facility other than an authorized Porsche automobiledealer.

If you make a claim under this warranty for a Smog Check failure, an au-thorized Porsche automobile dealer may ask you for evidence that youhave properly followed the instructions for required maintenance anduse of the car as supplied in this Booklet, the Owner’s Manual and theMaintenance Booklet, if it has reason to believe that the maintenancewas not performed and could be the cause of the Smog Check failure.

Such evidence may consist of:

• A maintenance log book that includes the odometer mileage and datewhen the car was serviced, and the name of the service provider.

• Receipts or repair orders for required maintenance, including theodometer mileage and date when the car was serviced and the nameof the service provider.

• A statement that you, the owner, performed the required maintenanceusing proper replacement parts and include the odometer mileageand the date when the car received service.

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PCNA recommends that you retain all receipts for appropriate replace-ment parts or maintenance records.

• Records of and receipts for maintenance should remain with the car ifit is sold.

Any claim you make under this warranty may be denied if:• It is demonstrated that the vehicle has been abused, neglected or im-properly maintained, and that such abuse, neglect, or improper main-tenance was the direct cause of the need for the repair, orreplacement of the part.

• A part that the Maintenance Schedule requires to be checked atstated intervals is not checked, and not checking it causes the failureof a warranted part.

However, claims for repair or adjustments necessary solely because ofdefects in material or workmanship will not be denied because the caror engine was not properly maintained or used.

Your Responsibility for Using Equivalent Replacement Parts

PCNA recommends only the use of parts distributed by PCNA or partswhich are guaranteed by their manufacturer to be equivalent in designand quality to PCNA supplied parts. The use of replacement parts notequivalent in quality or design to parts supplied by PCNA may impair theeffectiveness of your car’s emission control systems. If a replacementpart is defective or not equivalent to the original part, your claim for re-pair under this warranty may be denied. If, however, the part is not re-lated to the reason for the failure, your claim will not be denied.

California Emission Extended Defects Warranty


This warranty begins on the date the car is delivered to the first retailpurchaser or the date it is first used as a demonstrator, lease or com-pany car, whichever comes first, and continues for 7 years or 70,000miles, whichever comes first. This warranty applies to a Porsche auto-mobile certified to California requirements and registered in California.

Warranty Coverage

Porsche Cars North America, Inc. (“PCNA”) warrants to the owner of aPorsche automobile that if:• your car is maintained and used according to the Maintenance Sched-ule in the Maintenance Booklet and Car Care Instructions in theOwner’s Manual; and

• an emission related part listed as covered in this Booklet is found tobe defective (including a Smog Check test failure due to a defect in acovered part) at any time during seven years or 70,000 miles,whichever comes first; then PCNA will, at no cost to you (includingparts, labor and diagnosis):

• repair or replace with a new or remanufactured part distributed byPCNA, at its sole option, the defective part during the first sevenyears or 70,000 miles, whichever comes first.


• Malfunctions in any part or system caused by misuse, modification, al-teration, tampering, disconnection, improper or inadequate mainte-nance, or use of leaded gasoline or gasoline not of the recommendedoctane rating.

• Damage resulting from accident, road hazards (on or off the road),

24



track use or competitive events, acts of God, or other events beyondthe control of PCNA.

• Warranted parts beyond their first required replacement interval. (Thereplacement parts may be covered by the Replacement Parts LimitedWarranty outlined in this Booklet.)

• Loss of time, inconvenience, loss of use of the car, or commercial loss.• Any car with an odometer that has been altered so that the actualmileage cannot be determined.


Take your car to an authorized Porsche automobile dealer. In an emer-gency, where an authorized Porsche automobile dealer is not available,repairs may be made at any available service facility or by yourselfusing any equivalent replacement part. A part not being available fromPCNA or a repair not being complete within 30 days constitutes anemergency. PCNA will reimburse you for repairs covered by this war-ranty as follows: parts at PCNA suggested retail price, and laborcharges based on the manufacturer’s recommended time allowance forthe warranty repair and the geographically appropriate hourly labor rate.For reimbursement, present the replaced parts and a copy of the paidreceipt to an authorized Porsche automobile dealer.

PCNA wants to make sure the Emission Extended Defects Warranty isproperly administered. If you cannot get warranty service, or you aredissatisfied with the service or with a warranty decision, refer to theCustomer Information section in this Booklet.

An authorized Porsche automobile dealer is required to repair your carwithin 30 days from the time you bring your car to the dealer. If an au-thorized Porsche automobile dealer cannot repair your car or processyour claim within this period of time, you may contact PCNA CustomerCommitment for assistance or have the car repaired under the emer-

gency repair guidelines.

If your claim is denied, PCNA will explain to you why. If you believe youhave not received the warranty coverage described in this warranty, youmay write directly to:



This warranty assumes you will have the required maintenance per-formed on your Porsche according to the Maintenance Schedule sup-plied with your vehicle. This schedule is designed to keep your emissioncontrol systems functioning properly by maintaining your car’s total op-erating performance. Any lack in total performance may affect your en-gine’s emissions.Maintenance, replacement, or repair of emission control devices andsystems may be done by the owner, at a service establishment of theowner’s choosing or by a person or persons of the owner’s choosingusing any replacement part. However, only repairs made at an author-ized Porsche automobile dealer will be covered by this warranty (exceptfor emergency repairs). PCNA assumes no liability for the workmanshipat any service facility other than an authorized Porsche automobiledealer.

Any claim you make under this warranty may be denied if:

• It is demonstrated that the vehicle has been abused, neglected, or im-properly maintained, and that such abuse, neglect, or improper main-tenance was the direct cause of the need for the repair orreplacement of the part.

25



• A part that the Maintenance Schedule requires to be checked atstated intervals is not checked, and not checking it causes the failureof a warranted part.

However, claims for repair necessary solely because of defects in mate-rial or workmanship will not be denied because the car or engine wasnot properly maintained or used.

Your Responsibility for Using Equivalent Replacement Parts

PCNA recommends only the use of parts supplied by PCNA or partswhich are guaranteed by their manufacturer to be equivalent in designand quality to PCNA supplied parts. The use of replacement parts notequivalent in quality or design to parts supplied by PCNA may impair theeffectiveness of your car’s emission control systems. If a replacementpart is defective or not equivalent to the original part, your claim for re-pair under this warranty may be denied. If, however, the part is not re-lated to the reason your covered part fails, your claim will not be denied.

Emissions Parts Warranty

Parts Covered by the 7 Yr. / 70,000 Mile CA, CT, MA, ME, NJ, OR, PA, RI, VT,& WA Emission Extended Defects Warranty are listed in the Emissions PartsWarranty Brochure, included in your vehicle literature packet with this war-ranty manual.

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27

Genuine Parts and Accessories



Two Year Unlimited Mileage Limited Warranty

Your journey should never be held hostage to the subpar performance

of inferior parts. Genuine Porsche parts are designed with such preci-

sion, with tolerances so incredibly tight, that Porsche confidently backs

them with a Limited Warranty that’s good for two full years and unlim-

ited mileage. It includes both parts and labor at all U.S. Porsche dealer-

ships and covers every genuine Porsche part we sell, when sold and

installed by an authorized U.S. Porsche dealer.

When it’s your turn, don’t settle for anything less than Genuine Porsche

parts. For the name of your nearest dealer, call 1 800 PORSCHE.

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Replacement Parts and Accessories Limited Warranty

This warranty is given to the owner of any Porsche automobile replace-ment part or accessory distributed by Porsche Cars North America, Inc.(“PCNA”) and sold by any authorized Porsche automobile dealer in theUnited States or Canada.


Parts supplied by PCNA and purchased from and installed by an author-ized Porsche automobile dealer at time of purchase are covered for twoyears, unlimited mileage from the date installed, unless the repaired orreplaced part is covered under the New Car Limited Warranty. Any re-paired or replaced parts are covered only for the remainder of this war-ranty. All parts replaced under this warranty become the property ofPCNA

Warranty Coverage

PCNA will repair or replace using new or remanufactured parts distrib-uted by PCNA, at its sole option, any part covered under this warrantythat is defective in material or workmanship under normal use. Parts thatwere sold and installed by an authorized Porsche automobile dealer willbe repaired or replaced without charge either for parts or labor. If in-stalled by anyone else, the cost of the replacement parts or acces-sories will be borne by PCNA (even in the case of emergency repair),but labor charges will be your responsibility. All parts supplied under thiswarranty will be supplied by PCNA and all parts replaced become theproperty of PCNA




• To be driven on reasonable road surfaces within legal speed limits.Porsche Guidelines specify reasonable mileage to be at least 15 miles / 24 kilometers per day or 6000 miles / 9600 kilometers per rolling 12 months.




You are responsible for presenting your Porsche automobile to aPorsche dealer as soon as a problem exists. Failure to do so could result in consequential damage that may not be covered by your limitedfactory warranty.

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• Clothing, luggage, leather, bicycles (see separate warranties at yourauthorized Porsche dealer).

• Parts installed in vehicles for racing, competition, or track use.• Batteries damaged from storage, lack of normal vehicle use, or non-Porsche approved electrical or accessory installation.

• Parts for which proof of purchase date, installation date and vehiclemileage at the time of installation are not presented.

• Parts considered normal maintenance items (such as brake pads, lin-ings, clutch discs, tires, exhaust systems, shocks, struts, wiperblades, trim, decals, foil, mirror/car cover, bras, paint, etc.) unlessthey are defective in material or workmanship.

• Parts replaced under the New Car Limited Warranty, or parts coveredunder other warranties.

• Normal wear, adjustments, or deterioration of any part.• Parts installed in a car with an odometer that has been altered so thatthe actual mileage cannot be determined.

• Improper repairs causing damage to the vehicle, its engine, or parts.• Abuse, accident, acts of God, or other events beyond the control ofPCNA, competition, racing, or track use.

• Minor wind noise and insignificant seepage at the joints between thetop and the body, or door windows in Cabriolet models cannot becompletely avoided under all circumstances. Your Cabriolet or Targashould not be washed in a car wash and may experience damage tothe top or window due to the scratching by the brushes, or may expe-rience leaks due to the high pressure water streams directed in areaswhich would not experience water in normal driving conditions.

• Tires damaged by road hazard. (If you need further assistance, con-tact your authorized Porsche automobile dealer.)

• Tires damaged by premature wear.Note: Porsche's race-bred heritage demands that tires are an integralpart of the vehicle suspension, braking, and active safety systems. As

a result, all Porsche vehicles are equipped with tires designed forhigher performance than those found on other passenger vehicles.While tire wear varies with vehicle operation, high performance tireslike these are designed to assist the vehicle's suspension in deliveringincreased cornering forces and better handling. They may exhibit in-creased wear characteristics when compared to tires on other pas-senger vehicles. Consult your Owner's Manual for informationconcerning the proper care and selection of your tires. Refer to thePorsche Tire Information Guide for additional information.

• Your vehicle is a mechanical device. All mechanical devicesmake some sort of noise and/or vibration, and those noisesand vibrations can differ from vehicle to vehicle. PCNA recog-nizes those noises as normal and characteristic of the prod-uct. Normal noises or vibrations as determined by PCNA canbe anything from brake squeal to road vibration. Therefore,normal noise and/or vibration and/or deterioration as deter-mined by PCNA or its representative is not covered by ourwarranty.

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PCNA recommends only the use of parts supplied by PCNA The use ofreplacement parts not supplied by PCNA may void some or all of yourcar’s limited new car warranty. If a replacement part that PCNA did notsupply is used in the maintenance, repair or modification of your car,and an authorized Porsche representative determines it is defective ornot equivalent to the original part, your claim for warranty repair orsome or all of your car’s limited new car warranty may be voided.


The defective part, or the car in which it is installed, must be returnedby the purchaser to an authorized Porsche automobile dealer duringnormal service hours. You must provide a receipt that shows proof ofpurchase for the part, as well as the installation date and the mileage atthe time of installation. If the car is not driveable because of a defect inthe workmanship or materials covered by this warranty, call the nearestauthorized Porsche automobile dealer for assistance.

If you cannot get warranty service, or you are dissatisfied with the serv-ice or with a warranty decision, refer to the Customer Information sec-tion in this Booklet.


• Rusting of the outside of the underbody (floor pan) or any other partof the car except body panels.

• Rusting of body panels that were replaced, repaired, or refinishedafter the car was first sold at retail, other than genuine Porsche partssupplied by an authorized Porsche dealer.

• Body panel rust caused by abuse or lack of maintenance.• Improper paint/accident repair.• Environmental damage such as that caused by acid rain or other in-

dustrial pollution, insect or bird droppings, tree sap, stones or otherflying objects, highway maintenance chemicals, flood, storm, andother forms of disaster.

• Accident, acts of God, or other events beyond the control of PCNA,collision damage, abuse or repairs.

• Paint matching. (PCNA reserves the sole right to decide whether paint-ing the repaired or replaced panel to match the original finish is practi-cable. PCNA will not, under any circumstances, pay for painting theentire car solely for paint color matching.)

• Unauthorized modifications or vehicles with salvage titles.


You must take your car, to an authorized Porsche automobile dealer dur-ing normal service hours.

If you cannot get warranty service, or you are dissatisfied with the serv-ice or with a warranty decision, refer to the customer information sec-tion in this Booklet.


You must maintain your Porsche automobile according to the Appear-ance Care and the Car Care Instructions in the Owner’s Manual.



• To be properly maintained according to the Maintenance Schedule inthe Maintenance Booklet and Car Care Instructions in the Owner’sManual.

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32



Customer Information

Please read this document. It contains important information for resolving your Porsche automobile concerns and disputes.

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Owner Satisfaction

Thank you for your purchase! We at PCNA are dedicated to providingyou with a Porsche vehicle which is up to our high quality standards sothat you might enjoy driving in its finest form.

It is very important to us that you are satisfied with your Porsche vehi-cle. Authorized Porsche dealers are trained to help you. Generally, anyproblems can be solved most effectively by speaking with dealershippersonnel.

We realize that misunderstandings may occur, questions may be leftunanswered, or expectations may not be met completely.

We suggest following this step by step procedure to resolve yourconcerns:

1. Take your problem to the Dealership’s Service Manager. He/She is theperson in charge of the Service Department. Attempt to resolve yourconcerns there first. Normally, any misunderstandings can be resolvedby involving the appropriate dealership department manager.

If you are still not satisfied, and if you feel further review is re-quired,

2. Arrange to speak with the General Manager; he/she is directly re-sponsible for the entire dealership.

3. In the event that you brought your vehicle in to an authorized Porschedealer on two or more occasions for the same problem and the prob-lem has not been repaired, contact Porsche Customer Commitmentat 1-(800)-PORSCHE.

If you feel that a decision made by the Porsche Customer CommitmentStaff is not appropriate, you may

4. Request a review by Porsche’s alternative dispute resolution pro-gram. We have established this program because we want you tofeel that you have been treated fairly.

PCNA provides an alternate dispute resolution mechanism through CAP-Motors, administered through DeMars & Associates, Ltd. A brief de-scription of the program is on page 6 of this booklet. CAP-Motors maybe reached at 1 (800) 279-5343.

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Porsche Owners Arbitration Information

To Our Customers:

Porsche Cars North America, Inc. (“PCNA”) has a commitment to youand your satisfaction.

From your first phone call or visit to the dealership, through the pur-chase and delivery of your new Porsche, to aftersales service, your sat-isfaction is our number one objective.

If you should experience a problem which has not been resolved to yoursatisfaction through Porsche’s authorized dealers or Customer Commit-ment Department, additional assistance may be available through theCAP-Motors customer arbitration program.

CAP-Motors will attempt to resolve your complaint by serving as an in-termediary between you and PCNA If that does not resolve your dispute,and your claim is eligible for arbitration, you may present your case toan arbitrator who will render a decision about your claim. CAP-Motors’sdecision is binding on PCNA but not on you.

What is CAP-Motors?

CAP-Motors is an independent third party dispute resolution mechanism,administered by DeMars & Associates, Ltd. The CAP-Motors program re-solves individual disputes involving Porsche’s product reliability or warrantyperformance concerning your Porsche vehicle. CAP-Motors staff aretrained to gather information pertinent to your dispute. If appropriate, an in-dependent technical expert will inspect your vehicle and a volunteer CAP-Motors arbitrator will render a decision with respect to your dispute.

What types of disputes are eligible?

CAP-Motors arbitrates disputes involving Porsche’s product reliability orwarranty performance concerning your Porsche vehicle.

You must file a request for mediation /arbitration with CAP-Motors withinthe time period for pursuing a claim under the applicable state motorvehicle warranty law, provided the concern or alleged defect wasbrought to the attention of PCNA or one of its dealers during the eligibil-ity period.

How does the mediation/arbitration process work?

When you contact CAP-Motors, your claim will be forwarded to PCNA forresponse. CAP-Motors will attempt to resolve your dispute by serving asan intermediary between you and PCNA. If that does not resolve yourdispute, and your claim is eligible for arbitration, your claim will be arbi-trated. An in-person arbitration hearing will be held at a mutually agreedupon date and time. All relevant evidence will be admissible at the hearing. You and PCNA willbe allowed to present each side of the dispute to the arbitrator. Both par-ties will be allotted sufficient time to give testimony and provide docu-ments. Then you and Porsche will be given additional time for rebuttal. Thearbitrator will render a decision within 10 business days of the hearing.

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How long is the arbitration process?

The entire process, from the time CAP-Motors receives your request formediation/arbitration to the arbitrator’s decision, is designed to take nomore than 40 days. In some cases a decision may be delayed becauseof:

• Your failure to provide certain information required by CAP-Motors.• Your failure to contact PCNA about your dispute before requestingarbitration.

How much will it cost?

There is no charge to you for submitting your dispute to CAP-Motors.You may obtain copies of your case from CAP-Motors for a nominal fee.

WHEN TO USE PORSCHE’S CAP-MOTORS CUSTOMER ARBITRA-TION PROGRAM:

YOU MUST UTILIZE PORSCHE’S CAP-MOTORS ARBITRATIONPROGRAM, ADMINISTERED BY DeMARS & ASSOCIATES, LTD.,BEFORE SEEKING TO ENFORCE RIGHTS OR OBTAIN REMEDIESIN COURT UNDER TITLE I OF THE MAGNUSON-MOSS CONSUMERWARRANTY ACT. IF YOU CHOOSE TO SEEK REDRESS BY PURSU-ING RIGHTS AND REMEDIES NOT CREATED BY TITLE I OF THEMAGNUSON-MOSS CONSUMER WARRANTY ACT, YOU DO NOTNEED TO UTILIZE THE CAP-MOTORS ARBITRATION PROGRAM.

You must use CAP-MOTORS if you are required to do so prior to seekingremedies available under the “lemon law” of your state. See the appro-priate page in this booklet for specific requirements applicable in yourstate. However, if your state law permits, you are not required to useCAP-MOTORS although that option is still available to you.

How to request arbitration?

You may file a claim at any time by contacting CAP-Motors at the follow-ing toll-free number: 1 (800) 279-5343. For further information, youmay also write to:


You will need to provide the following information:

• Name and address.• Vehicle year, make, model, vehicle identification number (VIN),mileage, and date of purchase.

• A brief description of your complaint and the actions you have takento resolve it.

• Enclose copies of invoices with your request for arbitration if you areseeking reimbursement for repairs or related incidental expenses.

• Enclose a copy of your vehicle registration.• What action or remedy would resolve your problem.

What types of decisions are rendered, and how do I know ifPCNA will abide by the CAP-Motors decision?

CAP-Motors arbitrators base their decisions on what they believe to befair and appropriate under the circumstances, and what could beawarded under applicable law. Remedies include, but are not limited to,repairs, reimbursement for repair or incidental expenses, such as tow-ing costs, or replacement or repurchase of your vehicle if the claim qual-ifies under the applicable “lemon law.” CAP-Motors’ decision is bindingon Porsche, but not on you, the customer. Porsche must comply withthe decision within 30 days after it is accepted by you.

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CAP-Motors will contact you within 10 working days of scheduled per-formance to ensure that PCNA has complied with the decision in atimely manner.

Are there limits on the scope of the CAP-Motors decision?

CAP-Motors decisions will not include: Attorney Fees; Punitive Damages;Multiple Damages; or Consequential Damages, unless state laws re-quire.

What other recourse do I have available?

If you are dissatisfied with the arbitrator’s decision or PCNA’s perform-ance, you may pursue any other legal remedies which you may have, in-cluding small claims court. You should be aware that the arbitrationfindings may be admissible as evidence in any subsequent legal pro-ceedings concerning your dispute. This description of the CAP-Motors program is based upon the program at the time of publication.The program is subject to change without further notice. Contact PCNACustomer Commitment Department at 1 (800) PORSCHE for the mostcurrent information concerning the Customer Arbitration program.

General InformationConsumer - State/Laws

Some states have passed laws which give new car buyers certainrights. Although these laws vary from state to state, they generally re-quire that if a new car has a major defect (e.g., one that substantiallyimpairs its use, value, or safety) which cannot be repaired in a reason-able time, the owner can request a replacement or a refund. Usually, thedefect must occur within the first year. The repair attempts or days outof service and time period vary depending on your state’s law. Refer toyour respective state listing on the following pages for additional infor-mation.

There may be other considerations and terms in these laws. We recom-mend that you check your own state law if the need arises. Further no-tices for various states are contained later in this booklet. Our intent isfor you to be satisfied with your Porsche vehicle. If you have any ques-tions or problems, please contact your authorized Porsche dealer first,then Porsche Customer Commitment at 1-800-PORSCHE.

Dispute Resolution

Generally, before making a request for a replacement or refund, we en-courage the owner to submit a written explanation of the problem toPorsche Customer Commitment and give the dealer and Porsche CarsNorth America, Inc. (“PCNA”) an opportunity to resolve it. If we are notsuccessful, you may ask to submit the dispute to the CAP-Motors arbi-tration program. See the address and telephone number listed on page36 of this booklet for information on how to submit your dispute to thisprogram.

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Bring Your Car in for Service

Always carry this Warranty Booklet and your Maintenance Booklet withyou when you take your Porsche vehicle to an authorized dealer forservice. The Booklets provide the dealer service staff with the informa-tion they need and enables them to record each service which is vital toproper warranty decision making.

Selling Your Porsche Vehicle

If you sell your Porsche vehicle, the Owners Manual, Warranty, and Main-tenance Booklets should be left in the vehicle to make all operatingsafety and maintenance information available to the next owner.

Address Changes

If you change your address, or if you bought this Porsche vehicle used,be sure to send in a Notice of Address Change/Notice of Used Car Pur-chase postcard. This card can be found at the back of this booklet orobtained from any Porsche dealer. You may also write to us directly atthe address on the inside front cover of this booklet.

Notice To All ConsumersPorsche Cars North America, Inc. (“PCNA”), is proud of its commitmentto quality and workmanship, and most important of all, customer satis-faction.

The statements applicable to specific states are contained, alphabeti-cally by the state, in this section. If you reside in one of the states listedbelow, we encourage you to review the information provided.

Should you experience a problem with your Porsche vehicle, we recom-mend that you follow the steps listed in the Owner Satisfaction sectionand review the information on your specific state as these steps will pro-vide the quickest and fairest solution. Most of all, be assured that PCNAis committed to making your ownership experience as satisfying as thePorsche driving experience.

CaliforniaColoradoConnecticutFloridaGeorgiaHawaiiIllinoisIndianaIowaKansas

MaineMarylandMassachusettsMinnesotaMontanaNew HampshireNew JerseyNew MexicoNew YorkNorth Carolina

OhioPennsylvaniaRhode IslandSouth CarolinaTennesseeTexasVermontVirginiaWest VirginiaWisconsin

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State of CaliforniaNotice to Consumers

1. PORSCHE utilizes the California Consumer Arbitration for Motor Vehi-

cles Program (CA/CAP-Motors), administered by DeMars & Associ-

ates, Ltd., a nationally recognized, independent third party

mediation/arbitration administrator (P. O. Box 1424, Waukesha, WI

53187-1424). CA/CAP-Motors and PORSCHE have been certified by

the Arbitration Certification Program of the California Department of

Consumer Affairs.

2. If you have a problem arising under a PORSCHE written warranty, we

encourage you to bring it to our attention. If we are unable to resolve

it, you may file a claim with CA/CAP-Motors. Claims must be filed

with CA/CAP-Motors within six (6) months after the expiration of the

warranty.

3. To file a claim with CA/CAP-Motors, call 1 (800) 279-5343. There is

no charge for the call.

4. In order to file a claim with CA/CAP-Motors, you will have to provide

your name and address, the brand name and vehicle identification

number (VIN) of your vehicle, and a statement of the nature of your

problem or complaint. You will also be asked to provide the approxi-

mate date of your acquisition of the vehicle, the vehicle’s mileage,

the approximate date and mileage at the time any problem(s) were

first brought to the attention of PORSCHE or one of our dealers, and

a statement of the relief your are seeking.

5. CA/CAP-Motors staff may try to help resolve your dispute through me-

diation. If mediation is not successful, or you do not wish to participate

in mediation, claims within the program’s jurisdiction may be pre-

sented to an arbitrator at an informal hearing. The arbitrator’s decision

should ordinarily be issued within 40 days from the time your com-

plaint is filed; there may be a delay of seven days if you did not first

contact PORSCHE about your problem, or a delay of up to 30 days if

the arbitrator requests an inspection/report by an impartial technical

expert or further investigation and report by CA/CAP-Motors.

6. You are required to use CA/CAP-Motors before asserting in court any

rights or remedies conferred by California Civil Code Section

1793.22. You are not required to use CA/CAP-Motors before pursu-

ing rights and remedies under any other state or federal law.

7. California Civil Code Section 1793.2(d) requires that, if PORSCHE or

its representative is unable to repair a new motor vehicle to conform

to the vehicle’s applicable express warranty after a reasonable num-

ber of attempts, PORSCHE may be required to replace or repur-

chase the vehicle. California Civil Code Section 1793.22(b) creates a

presumption that PORSCHE has had a reasonable number of at-

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tempts to conform the vehicle to its applicable express warranties if,

within 18 months from delivery to the buyer or 18,000 miles on the

vehicle’s odometer, whichever occurs first, the same nonconformity

(a failure to conform to the written warranty that substantially im-

pairs the use, value, or safety of the vehicle) has been subject to re-

pair four or more times by PORSCHE or its representatives or the

same noncomformity results in a condition that is likely to cause

death or serious bodily injury if the vehicle is driven, and the non-

comformity has been a subject of repair two or more times by

PORSCHE or its agents, and the buyer or lessee has at least once

directly notified PORSCHE of the need for repair of the noncomfor-

mity. Notice to Porsche as required above shall be sent to the follow-

ing address:

PORSCHE CARS NORTH AMERICA, INC.980 Hammond DriveSuite 1000Atlanta, Georgia 30328Attn.: Customer Commitment

California Civil Code Section 1793.22(b) also creates a presumption

that a reasonable number of attempts have occurred if, within 18

months from delivery to the buyer or 18,000 miles on the vehicle’s

odometer, whichever occurs first, a vehicle is out of service by rea-

son of repair of nonconformities by PORSCHE or its representative

for the cumulative total of more than 30 calendar days after delivery

to the buyer.

8. The following remedies may be sought through CA/CAP-Motors: re-

pairs, reimbursement for money paid to repair a vehicle or other ex-

penses incurred as result of a vehicle nonconformity, repurchase or

replacement of your vehicle, and compensation for damages and

remedies available under PORSCHE’s written warranty or applicable

law.

9. The following remedies may not be sought through CA/CAP-Motors:

punitive or multiple damages, attorney’s fees, or consequential dam-

ages other than as provided in California Civil Code Section 1794(a)

and (b).

10. You may reject the decision issued by an CA/CAP-Motors arbitrator.

If you reject the decision, you will be free to pursue further legal ac-

tion. The arbitrator’s decision and any findings will be admissible in

a court action.

11. If you accept the arbitrator’s decision, PORSCHE will be bound by

the decision, and will comply with the decision within a reasonable

time not to exceed 30 days after we receive notice of your accept-

ance of the decision.

12. Please call CA/CAP-Motors for further details about the program.

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State of ColoradoNotice to Consumers

Dear Porsche Owner:

If you should have any concerns or questions regarding your Porschevehicle after you have contacted your local Porsche dealer, please con-tact the Porsche Corporate Office located at

PORSCHE CARS NORTH AMERICA, INC.Attn: Customer Commitment980 Hammond DriveSuite 1000Atlanta, Georgia 30328

On July 1, 1984, a law that defines consumers’ rights under the newvehicle warranty became effective in the State of Colorado.

In order to exercise your rights under this law, you must notifyPORSCHE CARS NORTH AMERICA, INC., in writing by certifiedmail. We have enclosed a notification form on the following page to as-sist you in contacting PORSCHE CARS NORTH AMERICA, INC.

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Notification to Porsche Cars North America, Inc.(Colorado)

Name: ______________________________________________________

Address:_____________________________________________________(street)

______________ ______________________________________________(city) (state) (zip)

Phone:___________________________________________________ (home)

____________________________________________________________(business)

Email:__________________________@___________________________

Vehicle Information: ____________________________ _____________ (model) (year)

VIN Number:_________________________________________________

• Date of Purchase:__________________________

• Mileage: ___________________________

Servicing Dealer:_____________________________________________

• Number of days vehicle has been out of service: _________________

• Number of times the dealer has attempted to repair the same condition:

____________

• Description of condition:

__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

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This form must be sent via Certified Mail to:

Porsche Cars North America, Inc.Attn: Customer Relations980 Hammond DriveSuite 1000Atlanta, Georgia 30328

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State of ConnecticutNotice to Consumers

If the new motor vehicle you have purchased does not conform to themanufacturer’s express warranty, you may be entitled under state law toa replacement or compensation. However, IN ORDER TO EXERCISEYOUR RIGHTS, YOU MUST FIRST REPORT THE CONDITION INWRITING TO PORSCHE CARS NORTH AMERICA, INC. AT 980HAMMOND DR., SUITE 1000, ATLANTA, GEORGIA, 30328, ATTN:CUSTOMER COMMITMENT DEPARTMENT.

PORSCHE CARS NORTH AMERICA, INC., offers its customers third partyarbitration through CAP-Motors, administered by DeMars & Associates,Ltd., a complaint resolution service.

For additional information about CAP-Motors, review page 6 of this book-let, or contact Porsche Cars North America, Inc., at the address or toll-free telephone number found on the inside front cover of this booklet.

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State of FloridaNotice to Consumers

If the new motor vehicle you have purchased or leased does not con-form to the manufacturer’s express warranty, you may be entitled underthe Florida Motor Vehicle Warranty Enforcement Act to a replacement orrefund.

TO EXERCISE YOUR RIGHTS, YOU FIRST MUST NOTIFY:PORSCHE CARS NORTH AMERICA, INC., 980 HAMMOND DR.,SUITE 1000, ATLANTA, GEORGIA, 30328, ATTN: CUSTOMERCOMMITMENT, BY CERTIFIED OR EXPRESS MAIL of the need to re-pair the defect or condition. The MOTOR VEHICLE DEFECT NOTIFI-CATION FORM is provided to you in the pamphlet “Consumer Guide tothe Florida Lemon Law” found in the glove compartment of your vehicleand mailed to you by the State of Florida.

YOU MUST USE CAP-MOTORS, PORSCHE’S CUSTOMER ARBI-TRATION PROGRAM, ADMINISTERED BY DEMARS & ASSOCI-ATES, LTD., PRIOR TO SEEKING REMEDIES AVAILABLE UNDERFLORIDA MOTOR VEHICLE WARRANTY ENFORCEMENT ACT.


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State of GeorgiaNotice to Consumers

We at Porsche are proud of our commitment to quality and workman-ship, and you, our customer.

If this vehicle does not conform to its applicable warranties and PorscheCars North America, Inc., or its dealers have not repaired the vehicleafter a reasonable number of repair attempts, or the vehicle has beenout of service for a specified number of days, you may be entitled underthe provisions of the Georgia "Lemon Law" to a replacement or repur-chase of the vehicle. In order to exercise your rights under thislaw, you must notify Porsche Cars North America, Inc. in writingby certified mail.

CAP-Motors is a third-party arbitration service. For additional informationabout arbitration, review page 6 of this booklet, or contact PorscheCars North America, Inc., at the address or toll-free number indicatedon the inside front cover of this booklet.

In addition, in order to seek remedies under your state Lemon Law, youmust first :

1) Notify Porsche Cars North America, Inc. by certified mail, return re-ceipt requested, of the problem with your vehicle, and

2) Provide Porsche Cars North America, Inc. an opportunity to repair it.

Should you have any concerns or questions regarding your Porsche vehicle after you have contacted your local Porsche dealer, please con-tact Porsche Cars North America, Inc. at the address or toll-free tele-phone number indicated on the inside front cover of this booklet.

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State of Hawaii Notice to Consumers

If the new motor vehicle you have purchased or leased does not con-form to the manufacturer’s express warranty, you may be entitled underthe laws of the State of Hawaii to a replacement or refund.

However, IN ORDER TO EXERCISE YOUR RIGHTS, YOU MUSTFIRST REPORT THE CONDITION IN WRITING TO PORSCHE CARS,NORTH AMERICA, INC. BEFORE YOU MAY BRING ANY ACTIONIN A COURT, YOU MUST FIRST RESORT TO THE INFORMAL DIS-PUTE RESOLUTION MECHANISM PROVIDED BY THE STATE OFHAWAII.

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State of IllinoisNotice to Consumers

If the new motor vehicle you have purchased does not conform to themanufacturer’s express warranty, you may be entitled to a replacementor refund under the Illinois New-Car Buyer Protection Act.

If, during one (1) year following delivery or 12,000 miles of use,whichever occurs first, there have been four or more unsuccessful at-tempts to repair the same nonconformity, or the vehicle has been out ofservice for repair of nonconformities for a total of thirty (30) or morebusiness days, you may be entitled to a new (or comparable) replace-ment vehicle or, upon return of the car, to a refund of the full purchaseprice including all collateral charges, less an allowance for your actualuse.

IN ORDER TO EXERCISE THESE LEGAL RIGHTS, YOU MUSTFIRST REPORT THE CONDITION IN WRITING TO PORSCHE CARSNORTH AMERICA, INC., AND PROVIDE PORSCHE CARS NORTHAMERICA, INC. WITH AN OPPORTUNITY TO CORRECT THE AL-LEGED DEFECT.

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State of IndianaNotice to Consumers

If the new motor vehicle you have purchased does not conform to themanufacturer’s express warranty, you may be entitled under state law toa replacement or to compensation. However, IN ORDER TO EXER-CISE YOUR RIGHTS, YOU MUST FIRST REPORT THE CONDITIONIN WRITING TO PORSCHE CARS NORTH AMERICA, INC., AT THEADDRESS INDICATED ON THE INSIDE FRONT COVER OF THISBOOKLET.

Porsche Cars North America, Inc., offers its customers third party arbi-tration through CAP-Motors, administered by DeMars & Associates, Ltd.,a complaint resolution service.


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State of IowaNotice to Consumers

The purchaser of this new car is protected under the warranty provi-sions of Iowa Statutes.

“THE PURCHASER OR LESSEE OF THIS VEHICLE IS PROTECTEDUNDER THE WARRANTY PROVISIONS OF 1991 IOWA ACTS,HOUSE FILE 566, COMMONLY REFERRED TO AS THE “LEMONLAW”.

IF THIS VEHICLE FAILS TO CONFORM TO THE MANUFACTURER’SEXPRESS WARRANTY DURING THE TERM OF THE WARRANTY,THE FIRST TWO YEARS OF OWNERSHIP, OR THE FIRST 24,000MILES, WHICHEVER EXPIRES FIRST, AND THE NONCONFORMITYSUBSTANTIALLY IMPAIRS THE VEHICLE, YOU MAY QUALIFY FORA REFUND OR REPLACEMENT OF THIS VEHICLE. CONTACT THEMANUFACTURER OF THE VEHICLE IF YOU BELIEVE THE VEHICLEFAILS TO CONFORM TO THE MANUFACTURER’S EXPRESS WAR-RANTY.

FOR FURTHER INFORMATION REGARDING YOUR RIGHTS ANDOBLIGATIONS UNDER THE LEMON LAW, CONTACT THE CON-SUMER PROTECTION DIVISION OF THE IOWA ATTORNEY GEN-ERAL’S OFFICE AT: CONSUMER PROTECTION DIVISION, 1305EAST WALNUT STREET, DES MOINES, IOWA 50319 OR TELE-PHONE (515) 281-5926.

PORSCHE CARS NORTH AMERICA’S ADDRESS AND PHONENUMBER WHERE A CLAIM MAY BE FILED BY THE CONSUMER ISINDICATED ON THE INSIDE FRONT COVER OF THIS BOOKLET.

PORSCHE CARS NORTH AMERICA, INC., USES CAP-MOTORS,ADMINISTERED BY DEMARS & ASSOCIATES, LTD., IN THE STATEOF IOWA. CONSUMERS WHO WISH TO SEEK A REFUND OR RE-PLACEMENT UNDER IOWA‘S STATE LEMON LAW MUST FIRSTRESORT TO THIRD PARTY ARBITRATION THROUGH CAP-MO-TORS. HOWEVER, IF YOU CHOOSE TO SEEK REMEDIES WHICHARE NOT CREATED BY EITHER THE IOWA LEMON LAW OR THEMAGNUSON–MOSS WARRANTY ACT, YOU NEED NOT USE CAP-MOTORS, ALTHOUGH THAT OPTION IS STILL AVAILABLE TO YOU.

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State of KansasNotice to Consumers

If the new motor vehicle you have purchased or leased does not con-form to the manufacturer’s express warranty, you may be entitled understate law to a replacement or refund.

Porsche Cars North America, Inc. offers its customers third party arbi-tration through CAP-Motors, administered by DeMars & Associates,Ltd., a complaint resolution service. Consumers who wish to seek a re-fund or replacement under Kansas Lemon Law must first resort to thirdparty arbitration through CAP Motors.

For additional information about CAP-Motors, review page 6 of thisbooklet, or contact Porsche Cars North America, Inc., at the address ortoll-free telephone number found on the inside front cover of this book-let.

The seat belts in Porsche vehicles originally sold in the State of Kansasare covered under the New Vehicle Limited Warranty for a period of 10years, regardless of mileage, when the repairs are performed by an Authorized Porsche Dealer in Kansas.

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State of MaineNotice to Consumers

MAINE ATTORNEY GENERAL/LEMON LAW ARBITRATION

IF YOU HAVE A SERIOUS PROBLEM WITH THIS VEHICLE:

The Maine Lemon Law (10 M.R.S.A.§§ 1161-1169)provides free Attorney General arbitration for con-sumer buyers or lessees whose motor vehicle (includ-ing motorcycles and motorized RVs) is seriouslydefective. Under the Maine Lemon Law, you mayhave a right to a refund or a replacement of the vehi-cle if the following applies:

1. There is an unrepaired defect or combination of de-fects which substantially impairs the use, safety, orvalue of your vehicle; and

2. This unrepaired defect was reported to the dealer ormanufacturer:

• during the manufacturer’s express warranty; and

• within the three year period following the delivery date of the vehicle to the original purchaser or

lessee; and• during the first 18,000 miles of operation; and

3. The defect still exists or has recurred after:

• Three or more repair attempts for the same defect, or

• One or more repair attempts for the serious failureof either the braking or steering system; or

• Being out of service for repairs for a cumulative total of 15 or more business days (for one or more defects); and

• The manufacturer had been given in writing a seven day Final Opportunity to Repair.

For this vehicle you should notify the Manufacturer orits authorized dealer of the defects and the right tomake a final repair.

Mail to:

Porsche Cars North America, Inc.Attn: Customer Commitment980 Hammond DriveSuite 1000Atlanta, Georgia 30328

In order for provisions requiring refund or repurchaseto apply you must resort to the manufacturer’s 16C.F.R. Part 703 complaint program or to the state-op-erated arbitration program.

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54

The Attorney General’s state-run arbitration is differ-ent from any manufacturer sponsored program towhich you may also be entitled. Under the stateLemon Law program, you will receive a free hearingbefore a neutral state Arbitrator and a decision within45 days of acceptance of your Lemon Law applica-tion. If your vehicle is declared a Lemon, the manu-facturer must refund your purchase price or replacethe vehicle.

You must apply for state-run arbitration withinthree years after delivery to the original con-sumer and within the term of the manufac-turer’s warranty.

THIS CARD PROVIDES ONLY A SUMMARY OF THEMAINE LEMON LAW.

To request arbitration, or to get further information,contact:

The Attorney General’s Lemon Law ArbitrationProgramConsumer Protection Division6 State House Station, Augusta, ME 04333

Telephone: (207) 626-8848 or (800) 436-2131(option 3)

E-mail: [email protected] OR [email protected]

Internet: http://www.maine.gov/ag



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State of MarylandNotice to Consumers

If your new Porsche vehicle does not conform to all applicable war-ranties during the period, YOU MUST REPORT THE NONCONFOR-MITY OR CONDITION IN WRITING TO PORSCHE CARS NORTHAMERICA, INC., AT THE ADDRESS ON THE INSIDE FRONT COVER OFTHIS BOOKLET BY CERTIFIED MAIL, RETURN RECEIPT RE-QUESTED, AND PROVIDE PORSCHE WITH AN OPPORTUNITY TOREPAIR THE VEHICLE.



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State of MassachusettsNotice to Consumers

MASSACHUSETTS “LEMON LAW” INFORMATION. IF YOU HAVESERIOUS PROBLEMS WITH THIS VEHICLE

The Massachusetts “Lemon Law” General Law Chapter 90, Section 7N1/2 provides protection for consumers who have serious problems withtheir new vehicle.

UNDER THE LEMON LAW, YOU HAVE THE RIGHT TO A REFUNDOR REPLACEMENT OF THE VEHICLE IF:

A. There is a defect(s), which substantially impairs the use, safety, ormarket value of the vehicle; AND

B. The defect(s) still exists or has recurred after either:

1. three or more repair attempts for the same defect, or2. being out of service by reason of any combination of defects for acumulative total of 15 or more business days, within one year or15,000 miles (whichever comes first) after original delivery; AND

C. Porsche Cars North America, Inc., has been notified of the defectand given one final repair attempt of no more than seven businessdays.

IF THE MANUFACTURER DOES NOT REFUND OR REPLACE THEVEHICLE AFTER THESE STANDARDS HAVE BEEN MET, YOUHAVE THE RIGHT TO HAVE YOUR CASE ARBITRATED BY ASTATE-CERTIFIED ARBITRATOR.

This state–run arbitration is different from any manufacturer-sponsoredprogram to which you may also be entitled. Under the state program,you will receive a decision within 45 days of when your request for arbi-tration is accepted.

Under the law, you must request state–run arbitration within 18 monthsof original delivery of the vehicle.

THIS SHEET PROVIDES ONLY A SUMMARY OF YOUR RIGHTS.

To request arbitration, or to get information, contact:

The Office of Consumer Affairs and Business RegulationAttn: Consumer Hotline10 Park PlazaSuite 5170Boston, Massachusetts 02116

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State of MassachusettsNotice to Consumers

MASSACHUSETTS “LEMON LAW” INFORMATION. IF YOU HAVESERIOUS PROBLEMS WITH THIS VEHICLE

The Massachusetts “Lemon Law” General Law Chapter 90, Section 7N1/2 provides protection for consumers who have serious problems withtheir new vehicle.

UNDER THE LEMON LAW, YOU HAVE THE RIGHT TO A REFUNDOR REPLACEMENT OF THE VEHICLE IF:

A. There is a defect(s), which substantially impairs the use, safety, ormarket value of the vehicle; AND

B. The defect(s) still exists or has recurred after either:

1. three or more repair attempts for the same defect, or2. being out of service by reason of any combination of defects for acumulative total of 15 or more business days, within one year or15,000 miles (whichever comes first) after original delivery; AND

C. Porsche Cars North America, Inc., has been notified of the defectand given one final repair attempt of no more than seven businessdays.

IF THE MANUFACTURER DOES NOT REFUND OR REPLACE THEVEHICLE AFTER THESE STANDARDS HAVE BEEN MET, YOUHAVE THE RIGHT TO HAVE YOUR CASE ARBITRATED BY ASTATE-CERTIFIED ARBITRATOR.

This state–run arbitration is different from any manufacturer-sponsoredprogram to which you may also be entitled. Under the state program,you will receive a decision within 45 days of when your request for arbi-tration is accepted.

Under the law, you must request state–run arbitration within 18 monthsof original delivery of the vehicle.

THIS SHEET PROVIDES ONLY A SUMMARY OF YOUR RIGHTS.

To request arbitration, or to get information, contact:

The Office of Consumer Affairs and Business RegulationAttn: Consumer Hotline10 Park PlazaSuite 5170Boston, Massachusetts 02116

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State of MinnesotaNotice to Consumers

IMPORTANT: IF THIS PORSCHE VEHICLE IS DEFECTIVE, YOUMAY BE ENTITLED UNDER THE STATE LEMON LAW TO RE-PLACEMENT OF IT OR A REFUND OF ITS PURCHASE PRICE ORYOUR LEASE PAYMENTS. HOWEVER, TO BE ENTITLED TO RE-FUND OR REPLACEMENT, YOU MUST FIRST NOTIFY PORSCHECARS NORTH AMERICA, INC., AT THE ADDRESS OR TOLL-FREETELEPHONE NUMBER INDICATED ON THE INSIDE FRONT COVEROF THIS BOOKLET, ITS AGENT, OR ITS AUTHORIZED DEALER OFTHE PROBLEM IN WRITING AND GIVE THEM AN OPPORTUNITYTO REPAIR THE VEHICLE. YOU ALSO HAVE A RIGHT TO SUBMITYOUR CASE TO THE CONSUMER ARBITRATION PROGRAM MEN-TIONED ON PAGE 6 OF THIS BOOKLET, WHICH THE MANUFAC-TURER MUST OFFER IN MINNESOTA.

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State of MontanaNotice to Consumers

We at Porsche Cars North America, Inc. are proud of our commitmentto quality, workmanship, and to you, our customer.

If this vehicle does not conform to its applicable warranties andPorsche or its dealers have not repaired the vehicle after a reasonablenumber of repair attempts or the vehicle has been out of service for aspecified number of days, you may be entitled under the provisions ofyour state “Lemon Law” to a replacement or repurchase of the vehicle.

Porsche Cars North America, Inc., offers its customers third-party arbi-tration through CAP-Motors, administered by DeMars & Associates,Ltd., a third-party complaint resolution service.

For additional information about CAP-Motors, review page 6 of thisbooklet or contact Porsche Cars North America, Inc., at the address ortoll-free telephone number found on the inside front cover of this book-let.

In addition, in order to seek remedies under your state Lemon Law, youmust first notify Porsche at the address shown on the inside front coverof this booklet, of the problem with your vehicle.

Should you have any concerns or questions regarding your Porscheafter you have contacted your local Porsche dealer, please contactPorsche Cars North America, Inc. at the toll-free number shown on theinside front cover of this booklet.



State of New HampshireNotice to Consumers

The New Hampshire "Lemon Law," RSA 357-D, applies to newmotor vehicles sold or leased (for two or more years) and regis-tered in the State of New Hampshire. A new motor vehicle is de-fined as a passenger vehicle, motorcycle or truck with a grossvehicle weight not exceeding 9,000 pounds.

If, during the express warranty period, you discover a defectwhich substantially impairs the use, market value, or safety ofthis vehicle, and it has not been successfully repaired after threerepair attempts by the manufacturer, its agent, or an authorizeddealer, or it has been out of service by reason of repair of one ormore nonconformities, defects, or conditions for a cumulativetotal of thirty (30) business days, you may be entitled to applyfor a comparable replacement or reasonable allowance for use.

In order for a repair attempt to qualify, you must obtain a writtenrepair order. Neither the manufacturer nor any agent of the man-ufacturer (including the dealership service department) may re-fuse to provide you with a written repair order at your request.The vehicle is deemed to be out of service if it is in for repair fora majority of the day.

You cannot use the Lemon Law if you elect to use the manufac-turer's dispute settlement mechanism.

You may not use the New Hampshire Motor Vehicle ArbitrationProgram if you have stopped making payments on any financingagreement because of the vehicle's condition.

The New Hampshire Motor Vehicle Arbitration Program includesother eligibility requirements which you must meet to qualify.

Forms for electing to proceed before the New Hampshire MotorVehicle Arbitration Board should be included with your new vehi-cle on delivery.

For information as to your rights under the Lemon Law or for ad-ditional forms, contact the New Hampshire Motor Vehicle Arbi-tration Board, 33 Hazen Drive, Concord, New Hampshire,03305, email: [email protected], telephone: (603) 271-6383, oryour dealer.

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Consumer Information State of New HampshireName:__________________________________________________________________________________________________________

Address:________________________________________________________________________________________________________

City:_________________________________________________ State:__________________ Zip:_______________________________

Telephone Number: (__________)_________________________ (where you can be reached during working hours)

Email:________________________________________________@_________________________________________________________

I Wish to Use: New Hampshire New Motor Vehicle Arbitration Board OR Porsche Alternative Dispute Resolution Mechanism

NOTE: The selection of one of these programs precludes the use of the other.

__________________________________________ __________________________Signature Date

Vehicle Information

VIN: W P ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___

Brief Description of Consumer Concern:

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

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NO POSTAGENECESSARYIF MAILEDIN THE

UNITED STATES

BUSINESS REPLY CARDFIRST CLASS PERMIT NO. 26231 ATLANTA, GA.

POSTAGE WILL BE PAID BY ADDRESSEE

Porsche Cars North America, Inc.Attn: Customer Relations980 Hammond DriveSuite 1000Atlanta, Georgia 30328-8187



State of New Jersey Notice to Consumers

We at Porsche Cars North America, Inc., are proud of our commitmentto quality, workmanship, and you, our customer.

IMPORTANT: If this Porsche vehicle is defective, you may be en-titled under New Jersey law to a refund of the purchase price oryour lease payments. For complete information regarding yourrights and remedies under the relevant law, contact the NewJersey Department of Law and Public Safety, Division of Con-sumer Affairs, Office of Consumer Protection, Lemon Law Unitat:

P.O. Box 45026Newark, New Jersey 07101Telephone (973) 504-6226 or1 (800) 242-5846

Porsche Cars North America, Inc. offers its customers arbitrationthrough CAP-Motors, administered by DeMars & Associates, Ltd., athird-party complaint resolution service.

For additional information about CAP-Motors, review page 6 of thisbooklet or contact Porsche Cars North America, Inc. at the address ortoll-free telephone number found on the inside front cover of this book-let.

In addition, in order to seek remedies under your state Lemon Law, youmust first notify Porsche, by certified mail, return receipt requested, atthe address shown on the inside front cover of this booklet, of the prob-lem with your vehicle.

Should you have any concerns or questions regarding your Porsche ve-hicle after you have contacted your local Porsche dealer, please contactPorsche Cars North America, Inc. at the toll-free number shown on theinside front cover of this booklet.

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State of New Mexico Notice to Consumers

If the new Porsche vehicle you have purchased does not conform to themanufacturer’s express warranty, you may be entitled under state law toa replacement or to compensation. However, IN ORDER TO EXER-CISE YOUR RIGHTS, YOU MUST FIRST REPORT THE CONDITIONIN WRITING TO PORSCHE CARS NORTH AMERICA, INC., AT THEADDRESS OR TOLL-FREE TELEPHONE NUMBER INDICATED ON THE IN-SIDE FRONT COVER OF THIS BOOKLET.

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State of New YorkNotice to Consumers

If the new Porsche vehicle you have purchased does not conform to themanufacturer’s express warranty, you may be entitled under state law toa replacement or to compensation. However, in order to exercise yourrights, YOU MUST FIRST REPORT THE CONDITION IN WRITING toPORSCHE CARS NORTH AMERICA, INC.

NEW CAR LEMON LAW BILL OF RIGHTS

1. IN ADDITION TO ANY WARRANTIES OFFERED BY THE MAN-UFACTURER, YOUR NEW CAR IF EITHER PURCHASED,LEASED OR TRANSFERED IN NEW YORK STATE OR ISPRESENTLY REGISTERED IN NEW YORK STATE, AND ISUSED PRIMARILY FOR PERSONAL PURPOSES, IS WAR-RANTED AGAINST ALL MATERIAL DEFECTS FOR EIGHTEENTHOUSAND MILES OR TWO YEARS, WHICHEVER COMES FIRST.

2. YOU MUST REPORT ANY PROBLEMS TO THE MANUFACTURER,ITS AGENT, OR AUTHORIZED DEALER.

3. UPON NOTIFICATION, THE PROBLEM MUST BE CORRECTEDFREE OF CHARGE.

4. IF THE SAME PROBLEM CANNOT BE REPAIRED AFTERFOUR OR MORE ATTEMPTS, OR IF YOUR CAR IS OUT OFSERVICE TO REPAIR A PROBLEM FOR A TOTAL OF THIRTYDAYS DURING THE WARRANTY PERIOD, YOU MAY BE ENTI-TLED TO EITHER A COMPARABLE CAR OR A REFUND OFYOUR PURCHASE PRICE, PLUS LICENSE AND REGISTRA-TION FEES, MINUS A MILEAGE ALLOWANCE ONLY IF THEVEHICLE HAS BEEN DRIVEN MORE THAN 12,000 MILES.

5. A MANUFACTURER MAY DENY LIABILITY AND MAY REFUSE

TO EXCHANGE A COMPARABLE CAR OR REFUND YOURPURCHASE PRICE IF THE PROBLEM IS CAUSED BY ABUSE,NEGLECT, OR UNAUTHORIZED MODIFICATIONS OF THE CAR.

6. A MANUFACTURER MAY DENY LIABILITY AND MAY REFUSETO EXCHANGE A COMPARABLE CAR OR REFUND YOURPURCHASE PRICE IF THE PROBLEM DOES NOT SUBSTAN-TIALLY IMPAIR THE VALUE OF YOUR CAR.

7. IF A MANUFACTURER HAS ESTABLISHED AN ARBITRATIONPROCEDURE, THE MANUFACTURER MAY REFUSE TO EX-CHANGE A COMPARABLE CAR OR REFUND YOUR PURCHASEPRICE UNTIL YOU FIRST RESORT TO THE PROCEDURE.

8. IF THE MANUFACTURER DOES NOT HAVE AN ARBITRATIONPROCEDURE, YOU MAY RESORT TO ANY REMEDY BY LAWAND MAY BE ENTITLED TO YOUR ATTORNEY’S FEES IF YOUPREVAIL.

9. NO CONTRACT OR AGREEMENT CAN VOID ANY OF THESE RIGHTS.

10. AS AN ALTERNATIVE TO THE ARBITRATION PROCEDUREMADE AVAILABLE THROUGH THE MANUFACTURER, YOUMAY INSTEAD CHOOSE TO SUBMIT YOUR CLAIM TO AN IN-DEPENDENT ARBITRATOR, APPROVED BY THE ATTORNEYGENERAL. YOU MAY HAVE TO PAY A FEE FOR SUCH AN AR-BITRATION. CONTACT YOUR LOCAL CONSUMER OFFICE ORATTORNEY GENERAL’S OFFICE TO FIND OUT HOW TOARRANGE FOR INDEPENDENT ARBITRATION.

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State of North CarolinaNotice to Consumers

If the new Porsche vehicle you have purchased does not conform to themanufacturer’s express warranty, you may be entitled under state law toa replacement or to compensation. However, IN ORDER TO EXER-CISE YOUR RIGHTS, YOU MUST FIRST REPORT THE CONDITIONIN WRITING TO PORSCHE CARS NORTH AMERICA, INC., AT THEADDRESS OR TOLL-FREE TELEPHONE NUMBER INDICATED ON THE IN-SIDE FRONT COVER OF THIS BOOKLET. If your vehicle has been in-spected by the Dealer and your concern is still not corrected to yoursatisfaction, Porsche Cars North America, Inc. recommends that youcontact 1-800-PORSCHE for assistance.

BEFORE YOU MAY BRING ANY ACTION IN A COURT, YOU MUSTRESORT TO PORSCHE CARS NORTH AMERICA, INC.’S INFORMALDISPUTE RESOLUTION MECHANISM IDENTIFIED AT THE AD-DRESS OR TELEPHONE NUMBER INDICATED ON PAGE 6 OF THISBOOKLET.

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State of OhioLemon Law Rights Notice to Ohio Consumers

IMPORTANT: IF THIS VEHICLE IS DEFECTIVE, YOU MAY BE ENTI-TLED UNDER STATE LAW TO A REPLACEMENT OR TO COMPEN-SATION.

NOTICE:OHIO LAW REQUIRES YOU TO USE A QUALIFIED ARBITRATIONPROGRAM BEFORE SUING THE MANUFACTURER OVER NEW CARWARRANTY DISPUTES. FAILURE TO ARBITRATE YOUR CLAIMMAY PRECLUDE YOU FROM MAINTAINING A LAWSUIT UNDERSECTION 1345.75 OF THE REVISED CODE.

Porsche Cars North America, Inc. participates in CAP-Motors, adminis-tered by DeMars & Associates, Ltd., a dispute resolution program (P. O.Box 1424, Waukesha, WI 53187-1424, Tel.: (800) 279-5343). CAP-Motorshas been approved by the Ohio Attorney General as a qualified arbitrationprogram under Section 1345.71 et seq. of the Ohio Revised Code.

If you have a problem arising under a Porsche new vehicle warranty, weencourage you to bring it to our attention. This step is optional and maybe terminated at any time by you or Porsche. If we are unable to resolveit, you may be eligible to file a claim with CAP-Motors.

CAP-Motors staff may try to help resolve your dispute through mediation.If mediation is not successful, or if you do not wish to participate in me-diation, eligible consumers may present their case to an impartial thirdparty arbitrator at an informal hearing. Within 40 days after you file yourcase, the arbitrator will render a decision that you may accept or reject.Porsche will be bound to the decision if you accept it.Call CAP-Motors to file a claim or to receive more information as to whatclaims are eligible. There is no charge for the call.

Further information about CAP-Motors program may be found on page35 of this booklet.

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State of PennsylvaniaNotice to Consumers


If the new Porsche vehicle you have purchased does not conform to themanufacturer’s express warranty, the Pennsylvania Automobile LemonLaw provides that Porsche Cars North America, Inc. may have to re-place it or pay you a refund, at your option.

If you discover a defect that substantially impairs the use, value, orsafety of this vehicle, contact the manufacturer or its authorized serviceand repair facility immediately.

Your lemon law rights only cover defects which occur within one yearafter delivery or 12,000 miles of use, or the term of the express war-ranty, whichever comes first.

The law states that it is reasonable for the Porsche dealer, PorscheCars North America, Inc. or its agent to make up to three separate at-tempts to correct the same defect.

After three unsuccessful repair attempts, or after a total of thirty calen-dar days in which the vehicle is out of service for repair, you may be en-titled to a comparable replacement Porsche vehicle or a refund of thepurchase price less an allowance for your actual use.

If a dispute arises concerning a defect, you must first resort to the in-formal dispute settlement procedure established by Porsche Cars NorthAmerica, Inc. to assert your lemon law rights.Porsche Cars North America, Inc. or the Porsche dealer must provideyou with an itemized statement of all repair work performed when yourvehicle is returned from service. Keep those records for future refer-

ence.

For more information, contact the Office of Attorney General, Bureau ofConsumer Protection, Strawberry Square, 14th Floor, Harrisburg, PA17120, Telephone: (717) 787-3391. If you should have any questionsconcerning your Porsche vehicle, please contact Porsche Cars NorthAmerica, Inc. at the address or toll-free telephone number listed on theinside front cover of this booklet.

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State of Rhode IslandNotice to Consumers


“LEMON LAW” INFORMATIONIF THIS VEHICLE IS DEFECTIVE, YOU MAY BE ENTITLED UNDER RHODEISLAND LAW TO A REFUND OF THE PURCHASE PRICE, YOUR LEASEPAYMENTS, OR A REPLACEMENT VEHICLE, AT YOUR OPTION. FOR IN-FORMATION REGARDING YOUR RIGHTS AND REMEDIES, CONTACT THERHODE ISLAND ATTORNEY GENERAL’S OFFICE AT (401) 274-4400.

If the Porsche vehicle you have purchased does not conform to the man-ufacturer’s express warranty, you may be entitled under state law to areplacement, or to compensation. However, IN ORDER TO SEEKREMEDIES UNDER YOUR STATE LEMON LAW, YOU MUST FIRSTPROVIDE PORSCHE CARS NORTH AMERICA, INC. WITH THE OP-PORTUNITY TO CORRECT THE ALLEGED DEFECT. If your concernis still not corrected to your satisfaction, Porsche Cars North America,Inc. recommends that you contact its Customer Commitment Depart-ment for assistance. BEFORE YOU MAY BRING ACTION IN ACOURT, YOU MUST RESORT TO PORSCHE CARS NORTH AMER-ICA, INC.’S INFORMAL DISPUTE RESOLUTION MECHANISM IDEN-TIFIED AT THE ADDRESS OR TOLL-FREE TELEHONE NUMBERINDICATED ON PAGE 6 OF THIS BOOKLET.

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State of South CarolinaNotice to Consumers

If the new motor vehicle you have purchased does not conform to themanufacturer’s express warranty, you may be entitled under state law toa replacement or compensation. However, IN ORDER TO EXERCISEYOUR RIGHTS, YOU MUST FIRST REPORT THE CONDITION INWRITING, BY CERTIFIED MAIL, TO PORSCHE CARS NORTHAMERICA, INC., AT THE ADDRESS OR TOLL-FREE TELEPHONE NUM-BER LISTED ON THE INSIDE FRONT COVER OF THIS BOOKLET ANDPROVIDE PORSCHE CARS NORTH AMERICA, INC. WITH THE OP-PORTUNITY TO CORRECT THE ALLEGED DEFECT.

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State of TennesseeNotice to Consumers

We at Porsche Cars North America, Inc., are proud of our commitmentto quality and workmanship, and to you, the customer.

If the Porsche vehicle you have purchased does not conform to themanufacturer’s express warranty, you may be entitled under state law toa replacement or to compensation. However, IN ORDER TO SEEKREMEDIES UNDER YOUR STATE LEMON LAW, YOU MUST FIRSTREPORT THE CONDITIONS IN WRITING AND BY CERTIFIED MAILTO PORSCHE CARS NORTH AMERICA, INC. AT THE ADDRESS ORTOLL-FREE TELEPHONE NUMBER INDICATED ON THE INSIDE FRONTCOVER OF THIS BOOKLET, AND PROVIDE PORSCHE CARS NORTHAMERICA, INC. WITH THE OPPORTUNITY TO CORRECT THE AL-LEGED DEFECT. If your concern is still not corrected to your satisfac-tion, Porsche Cars North America, Inc. recommends that you contactits Customer Commitment Department for assistance. BEFORE YOUMAY BRING ACTION IN A COURT, YOU MUST RESORT TOPORSCHE CARS NORTH AMERICA’S INFORMAL DISPUTE RESO-LUTION MECHANISM IDENTIFIED AT THE ADDRESS ON PAGE 6OF THIS BOOKLET.

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State of TexasNotice to Consumers

If the new motor vehicle you have purchased does not conform to themanufacturer’s express warranty, you may be entitled under state law toa replacement or compensation. However, IN ORDER TO EXERCISEYOUR RIGHTS, YOU MUST FIRST REPORT THE CONDITION INWRITING TO PORSCHE CARS NORTH AMERICA, INC., AT THEADDRESS INDICATED ON THE INSIDE FRONT COVER OF THISBOOKLET.

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State of VermontNotice to ConsumersVermont Registered Vehicles

We at Porsche are proud of our commitment to quality, workmanship,and to you; our customer.

If, during the express warranty period, you discover defects which sub-stantially impair the use, market value, or safety of this vehicle, and ithas not been successfully repaired after three repair attempts by an au-thorized dealer, or it has been out of service for repair for a cumulativetotal of thirty (30) calendar days, you may be entitled to apply for acomparable replacement or a refund of your purchase price less certainallowances.

If you wish to seek a repurchase or replacement under the VermontLemon Law, you must notify Porsche Cars North America, Inc.,and elect whether to arbitrate your claim through CAP-Motors,administered by DeMars & Associates, Ltd., a dispute resolutionservice, or the Vermont Motor Vehicle Arbitration Board. Yourelection of one of these dispute resolution mechanisms pre-cludes you from arbitrating your claim through the other. Formsfor the Vermont Motor Vehicle Arbitration Board have been included withyour new vehicle in the glove compartment. If, for some reason, you areunable to locate any of the information discussed in this notice, pleasecontact the Customer Commitment Department of Porsche Cars NorthAmerica, Inc. at the toll-free number or the address shown on the insidefront cover of this booklet. Pending the arbitration hearing, you mustprovide Porsche Cars North America, Inc. with an opportunity to correctthe defect. If you are satisfied with the repair, the arbitration proceed-ings may be terminated but may be recommenced at any time duringthe express warranty period if the repair proves unsatisfactory.

In order for a repair attempt to qualify, you must obtain a written repairorder. In calculating the thirty day repair time, the vehicle is deemed tobe out of service if it is in for repair for a majority of the day. You maynot pursue remedies under the Lemon Law if you have stopped makingpayments on any financing agreement because of the condition of thevehicle. Vermont’s Motor Vehicle Arbitration Program includes other eli-gibility requirements which you must meet to qualify. The VermontLemon Law applies to new vehicles sold or leased for two or moreyears and registered in the State of Vermont.

For further information as to your rights under the Lemon Law or forms,contact the Vermont New Motor Vehicle Arbitration Board, 120 StateSt., Montpelier, Vermont 05603, telephone (802) 828-5943, or yourdealer. You may also wish to contact Porsche at the address or toll-freetelephone number listed on the inside front cover of this booklet.

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State of VirginiaNotice to Consumers

If the new Porsche vehicle you have purchased does not conform to themanufacturer’s express warranty, you may be entitled under state law toa replacement or to compensation. However, in order to exercise yourrights, YOU MUST FIRST REPORT THE CONDITION IN WRITINGTO PORSCHE CARS NORTH AMERICA, INC., AND PERMITPORSCHE CARS NORTH AMERICA, INC. AN OPPORTUNITY TOREPAIR ANY NONCONFORMITY.

Notice to Consumers Pursuant to Title 59.1, Code of Virginia,Chapter 17.6

Porsche Cars North America, Inc. may, at times during the life of aPorsche vehicle, offer an adjustment program to pay all or part of thecost of certain repairs beyond the terms of the warranty. Under normalcircumstances you will simply be asked to bring the vehicle to the near-est authorized Porsche dealer for repairs. Check the terms and condi-tions of any notice for details. You may also check with your dealer atany time to determine whether any adjustment program is applicable toyour motor vehicle.

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State of West VirginiaNotice to Consumers

IMPORTANT: IF THIS PORSCHE VEHICLE IS DEFECTIVE, YOUMAY BE ENTITLED UNDER THE STATE LAW TO A REPLACEMENTOR TO COMPENSATION. HOWEVER, TO BE ENTITLED TO A RE-PLACEMENT OR COMPENSATION, YOU MUST FIRST NOTIFYPORSCHE CARS NORTH AMERICA, INC., OF THE PROBLEM INWRITING AND PROVIDE PORSCHE CARS NORTH AMERICA, INC.AN OPPORTUNITY TO REPAIR THE VEHICLE.

Porsche Cars North America, Inc. offers its customers third-party arbi-tration through CAP-Motors, administered by DeMars & Associates,Ltd., a complaint resolution service. For additional information aboutCAP-Motors, review page 6 of this booklet or contact Porsche CarsNorth America, Inc. at the address or toll-free telephone number foundon the inside front cover of this booklet.

In addition, in order to seek remedies under your state Lemon Law, youmust first notify Porsche, by certified mail, at the address shown on theinside front cover of this booklet of the problem with your vehicle andprovide Porsche an opportunity to repair it.

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State of WisconsinNotice to Consumers

We at Porsche Cars North America, Inc., are proud of our commitmentto quality, workmanship, and to you, our customer.

If the new Porsche vehicle you have purchased does not conform to itswritten warranty, you may be entitled to a replacement or refund underWisconsin‘s Lemon Law. That law states that a consumer may claimand receive a refund or replacement vehicle if all of the following aretrue:

1) The new vehicle has a condition or defect covered by the vehicle‘swarranty that substantially impairs the use, value, or safety.

2) The condition or defect is not the result of abuse, neglect, or unau-thorized modification or alteration of the motor vehicle by the con-sumer.

3) Before the warranty expires or within one (1) year of delivery,whichever is sooner:

• The same defect is subject to repair by the manufacturer, motorvehicle lessor, or authorized dealer at least four (4) times and theproblem continues; or,

• The motor vehicle is out of service for a total of 30 days becauseof defects covered by the vehicle‘s warranty. The 30 days neednot be consecutive.

• To obtain a refund or replacement, you must provide written notifi-cation to Porsche Cars North America, Inc. of the nonconformingcondition and request a refund or replacement of the vehicle. Amotor vehicle lemon law notice form can be found at the Wiscon-sin Department of Transportation website. Porsche Cars North

America, Inc. has 30 days to respond to said written notification.The written notification should be sent to Porsche Cars NorthAmerica, Inc. at the address indicated on the inside front cover ofthis booklet.

Porsche Cars North America, Inc. offers its customers third-party arbi-tration through CAP-Motors, administered by DeMars & Associates,Ltd., a mediation/arbitration program. This program has been certifiedby the Wisconsin Dept. of Transportation. Before bringing legal actionagainst Porsche under Wisconsin‘s Lemon Law, you must first resort tothird-party arbitration through CAP-Motors. However, if you choose toseek remedies which are not created by either the Wisconsin LemonLaw or the Magnuson-Moss Warranty Act, you need not use CAP-Motorsalthough that option is still available to you.

CAP-Motors may attempt to mediate a settlement between you and themanufacturer. Mediation is voluntary on your part and may be termi-nated at any time. A decision shall be rendered within forty (40) calen-dar days from the date of original receipt of the dispute, in the eventmediation fails to settle the dispute.

CAP-Motors decisions are binding on Porsche but not the consumer.Porsche will comply with the decision within 20 days after receiving no-tice of the consumer‘s acceptance. The decision and findings of CAP-Motors may be admissible as evidence in any court action.

For additional information about CAP-Motors, review the information onpage 6 of this booklet or contact CAP-Motors at the address indicatedbelow or at the toll free telephone number listed below.


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Should you have any concerns or questions regarding your Porsche au-tomobile after you have contacted your local Porsche dealer, pleasecontact Porsche's Customer Commitment department, which you maycall, toll-free at 1 (800) PORSCHE or contact the:

Porsche Cars North America, Inc.Attn. Customer Commitment980 Hammond DriveSuite 1000Atlanta, Georgia 30328

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(Please check) Change of Address c Change of Ownership c

Vehicle Identification: VIN W P __ __ __ __ __ __ __ __ __ __ __ __ __ __ __

Vehicle Description: Model ________ ____________, Year ________ Vehicle Type (check one): Coupe__, Cabrio__, Sedan__, SUV__

Vehicle Was Purchased: (please check) New ___, Used ___ Date Acquired: ____ /____ /____

(please print)Owner/Driver: ______ ________________________ ___ ____________________________________ _______

Prefix First Name MI Last Name Suffix

Mailing Address: _____________________________________________________________

_____________________________________________________________

________________________________________ ____ ____________________ ______City State Zip Country

Telephone Number: Work (_______) _______–_________, ex., _________ Home (_______) _______–_________

Email ____________________________@__________________________________________________

If you have any questions about Porsche or the benefits of being an owner, please call 1 (800) PORSCHE.

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UNITED STATES




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(Please check) Change of Address c Change of Ownership c

Vehicle Identification: VIN W P __ __ __ __ __ __ __ __ __ __ __ __ __ __ __

Vehicle Description: Model ________ ____________, Year ________ Vehicle Type (check one): Coupe__, Cabrio__, Sedan__, SUV__

Vehicle Was Purchased: (please check) New ___, Used ___ Date Acquired: ____ /____ /____

(please print)Owner/Driver: ______ ________________________ ___ ____________________________________ _______

Prefix First Name MI Last Name Suffix

Mailing Address: _____________________________________________________________

_____________________________________________________________

________________________________________ ____ ____________________ ______City State Zip Country

Telephone Number: Work (_______) _______–_________, ex., _________ Home (_______) _______–_________

Email ____________________________@__________________________________________________

If you have any questions about Porsche or the benefits of being an owner, please call 1 (800) PORSCHE.

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UNITED STATES




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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF … · Porsche Cars North America, Inc....

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