GM claims the problems with the transmission do not fall under the factory warranty, as it is a design defect and not a manufacturing defect. According to GM’s motion to dismiss, which was obtained by Car Complaints, the automaker’s warranty is only for vehicles that have “a defect that is so basic it renders the vehicle unfit for its ordinary purpose of providing transportation.” It says the plaintiffs in this class action suit “make only conclusory allegations that their vehicles are ‘unfit for their ordinary and intended use,’ but allege only inconvenience and mild discomfort.”