The language surrounding the condition of TDIs being bought by Volkswagen has just gotten a lot more specific. The court documents have become much more specific following attempts from owners to return cars that stretched the definition of operable.
When the court documents first came out following the agreement between VW and lawyers representing owners, the language surrounding what condition a car had to be returned in was pretty vague. The rules pretty much only said that cars being returned had to be operable under their own power.
That led one Cincinatti owner to try to return a Golf from which all doors, all but one seat, the bumper, the radio, and just about everything else that could be removed had been removed. The story was first reported by Jalopnik, and led VW to cry foul.
The court, it turned out, agreed, that deliberately removing parts was not in the spirit of the law. In fact, even lawyers representing the owners agreed. Just before Christmas a judge warned owners not to strip their cars. Now, the language of the agreement has been changed to better define the rules.
Operable, per the court documents, now means “reasonable condition such that it can be driven lawfully and safely on public roads even if [the car] has a mechanical issue that can be repaired, under a common-sense understanding of what is an acceptable condition for driving.”
The document then goes on to say that deliberately removing parts is verboten.
“Vehicles that (i) have undergone intentional physical or mechanical stripping or removal of any OEM equipment or parts accounted for in the Buyback Amount, including, […] wheel covers, navigation systems, or radios, or has been damaged, vandalized, or otherwise altered for no legitimate purpose in a manner that reduces the vehicle’s value as calculated in the Buyback Amount […] shall be deemed ineligible for the Buyback.”
The new language also forbids painting, keying, or doing anything that will permanently alter the appearance of the car or its performance. All of which shows the importance of specificity in legal documents.
[source: Jalopnik]
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