> In Australia, for example, the company claims different NOx emission standards mean the engines didn't breach regulations. ®
Perhaps, but
https://www.accc.gov.au/consumers/consumer-rights-guarantees/repair-replace-refund#repair-replacement-or-refund
“You can ask for a replacement or refund if the problem with the product is major.
Replaced products must be of an identical type to the product originally supplied. Refunds should be the same amount you have already paid, provided in the same form as your original payment..”
A product or good has a major problem when:
* it has a problem that would have stopped someone from buying it if they’d known about it
* it is unsafe
* it is significantly different from the sample or description
* it doesn’t do what the business said it would, or what you asked for and can’t easily be fixed.”
If I were VW, I would be avoiding the trying a bit more mea culpa in my response rather than try to argue that line, irrespective of whether it is legally the case.