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repair or correct any defect which substantially impairs the use, value or safety of the vehicle
This will be extremely difficult to prove. That word is so vague and broad you'll be hard pressed to get a lawyer that A: will fight with Scions legal department for years and B: be able to prove it.
The only bright side of the whole thing is if they fight it and lose they pay your attorney fees. The down side is if you can find a lawyer that can't define substantial you're stuck with the car. Good luck.
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