The complaint alleges that buses sold by Temsa North America, Inc. are defective and unfit for their purported purpose, because their systems fail too often and they require too much repair and replacement to be feasible as part of a regular bus fleet.
The class for this action is all persons and entities in the US who are users, buyers, subsequent buyers, owners, subsequent owners, and lessors of the Temsa TS45 motor coach vehicles.
Navaho Tours, Inc. brings this action against Temsa North America, Inc. (based in the US) along with other Temsa and Temsa-related companies in Turkey and Belgium. The complaint says that Temsa makes these kinds of buses in a factory in Adana, Turkey for the US and European markets. According to the complaint, Temsa exports 40% of the buses it makes, with 94% of these exports going to the US and Europe. Temsa has dealers and distributors in thirty counties.
The complaint quotes Temsa’s website as saying, “Temsa puts highest emphasis on quality, reliability and longevity of the products. Because of the company’s passion for quality and value, Temsa ensures that it sources parts from the world’s leading manufacturers, making Temsa the bus expert that can give the customer far more—for less.” The complaint claims, however, that the company should have known of the defects in the vehicles when they were made or tested.
Navaho provides buses or motor coaches for hire. While the complaint does not detail all the problems it claims to have experienced with the TS45 coach, it mentions “significant mechanical and electrical defects” including “significant vibration during operation of the Subject Vehicle, among other manufacturing and design defects.” It claims that the problems are serious enough that its customers refuse to use the vehicle.
According to the complaint, between around March and December 2017, Navaho took the bus for repair on six separate occasions, yet it has not yet been fixed. It claims the problems have cost Navaho additional expenses, including “diminished value … out-of-pocket costs such as repair invoices and related hotel/taxi charges, and the costs to replace the Subject Vehicle with a suitable replacement motor coach.”
The complaint claims that Temsa cannot fix the defects (which are never described in detail) and that the vehicle is so unreliable, Navaho has had to give up using it.
The complaint alleges breaches of express and implied warranties, tortious breach of warranty, and negligent design and failure to warn, and negligent misrepresentation.