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Tesla lawsuits over pre-paid maintenance plan

I'm curious if others have pursued legal action for the change in terms of the pre-paid maintenance plan.
In 2017, I purchased a 4-year prepaid maintenance plan for $2,400. The invoice makes no mention of a mileage cap.

I came up to my 4th year of ownership and scheduled the 4th maintenance plan on the app for Dec 1st, figuring I'll catch any loose ends before the 4-year warranty ends as well.

As luck would have it, last week I plugged into a supercharger and I immediately got a warning, the car may not start, reduced acceleration. A call to service said bring it in right away, don't wait for the appointment.

$780 later, I learn the battery heater failed and the warranty ended at 50k miles or 4 years. I had 52,950 miles. No flexibility, and the heater isn't covered under the battery or drivetrain warranty.

Not happy, but the warranty was going to happen at some point. I ask if I can delay the 4 maintenance as there's no point to do a warranty check at this point, and I'm told the maintenance plan also has a 4 year, 50k mile cap. The agent sends me a pdf that was "online at the time of purchase for my investigation". I was not informed of such terms, the documents I signed made no statement of terms, and there was no online form I had to review and even hit a checkbox, accepting I read the document.

Am I expected to monitor Tesla documents on a monthly basis to see what changed?

Tesla has no problem contacting me to sell me full-self-driving, at a discount, then at $7,000. I get frequent emails asking me to trade-in and get a new car. But, contacting me to say the program was being retired and Tesla was issuing refunds, for those that contacted them, nope.

I get that Tesla needs to clear their future books. I get they can't cover every repair, and 2,000 miles over the 50k mile warranty is in their legal right.

It doesn't seem correct, legally, to have a pre-paid maintenance plan be canceled without notice.

Am I the only too busy to be monitoring Tesla changing their terms of service? Or, do these posts just get instantly deleted?
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Comments

  • It's all about the paperwork you signed. If it does not reference other docs and has no mention of a mileage limit, a small claims judge would likely side with you.
  • Thanks,
    Service invoice signed simply states:
    Part Quantity Unit Price
    4-Year Maintenance Plan - All-Wheel Drive - Model S (xxxxx-xx-x) 2,400.00

    The issue is how much noise I must make to get Tesla to honor this before I have to pursue court.
  • It is listed in the terms and conditions. Couldn’t be more clear.

    https://www.tesla.com/sites/default/files/blog_attachments/na_tesla_service_plan_agreement_sp.pdf
  • It's all about the terms and conditions for what you buy. While someone could try to argue that the 4-year plan didn't specify a mileage cap and think that to mean that it MUST mean that it was unlimited mileage, that would not be a reasonable assumption.

    Good luck.
  • > @"stingray.don_98527447" said:
    > It is listed in the terms and conditions. Couldn’t be more clear.

    When signing an invoice for the purchase, which represents the contract, with no reference to external documents, is it the obligation for the signer to surf the internet to see if they happen to define additional terms & conditions? It's not like Tesla doesn't have digital means of communicating.

    > It's all about the terms and conditions for what you buy. While someone could try to argue that the 4-year plan didn't specify a mileage cap and think that to mean that it MUST mean that it was unlimited mileage, that would not be a reasonable assumption.

    This wasn't a vehicle used as cab or limo. We're talking 52k miles in 4 years. That seems perfectly reasonable. 4 years was stated on the invoice signed, with no caveats.

    Have others experienced this issue with the maintenance plan? Or, is everyone surfing this forum pretty common to be watching and saw this evolve online?

    > @derotam said:
    > Good luck.

    Thanks
  • "When signing an invoice for the purchase, which represents the contract, with no reference to external documents, is it the obligation for the signer to surf the internet to see if they happen to define additional terms & conditions? It's not like Tesla doesn't have digital means of communicating."
    ______

    No, but I find it hard to believe the form you signed didn't have some verbiage about referring to the terms and conditions. Can you post a picture of the form that you signed?
  • > @SteveOf2 said:
    > This wasn't a vehicle used as cab or limo. We're talking 52k miles in 4 years. That seems perfectly reasonable. 4 years was stated on the invoice signed, with no caveats.
    >

    So now you are wanting a "reasonable" metric? Again... good luck.
  • “ Service invoice signed simply states:
    Part Quantity Unit Price
    4-Year Maintenance Plan - All-Wheel Drive - Model S (xxxxx-xx-x) 2,400.00”

    That’s really all it says? It makes no reference to what “4-Year Maintenance Plan” provides in exchange for the $2,400?

    That seems ludicrous on the part of the seller and buyer.
  • An invoice or receipt is not the maintenance plan.
  • A legal agreement is based on a contract between the buyer and seller. The only signed document is the invoice.
    https://drive.google.com/file/d/1qALxAbEbamSUbxzr_Um1D2vPPjtdQZAn/view?usp=sharing

    > @M-A-B-MCMLXXX said:
    > That’s really all it says? It makes no reference to what “4-Year Maintenance Plan” provides in exchange for the $2,400?
    >
    > That seems ludicrous on the part of the seller and buyer.

    There are lots of things we find ludicrous in hindsight. There was an established trust-factor of goodwill between Tesla and it's customers. As the company grows, it must scale. That's fine. But, it should honor the previous commitments.
  • good luck
  • My invoice only shows a can of corn and what I paid for it.

    The ingredients are actually listed on the can.
  • They quietly canceled the maintenance plan in early 2019 and made no announcement. They did not contact owners who had money on the table. The intention was to keep customers’ money. The plan was conceived in the early days to to fund service centers and give them something to do. Then along came the M3 in large numbers and they needed that capacity back. They clearly had an obligation to contact owners, say the program was being terminated and ask how they would like to be refunded. They did none of that. About the same time customer service disappeared. So long as people will push money at them and put up with this treatment, it will continue.
  • > @SteveOf2 said:
    > A legal agreement is based on a contract between the buyer and seller. The only signed document is the invoice.
    > https://drive.google.com/file/d/1qALxAbEbamSUbxzr_Um1D2vPPjtdQZAn/view?usp=sharing
    >
    > > @M-A-B-MCMLXXX said:
    > > That’s really all it says? It makes no reference to what “4-Year Maintenance Plan” provides in exchange for the $2,400?
    > >
    > > That seems ludicrous on the part of the seller and buyer.
    >
    > There are lots of things we find ludicrous in hindsight. There was an established trust-factor of goodwill between Tesla and it's customers. As the company grows, it must scale. That's fine. But, it should honor the previous commitments.

    Still waiting to see a copy of the document that you signed
  • narrenschiff_92841313,

    Once again you are pushing a false narrative. Tesla will honor existing service agreements. They have just discontinued 'selling' it. You can continue to use the service agreement as agreed upon when purchased OR you can request a refund at any time for the unused portion of the contract term. You keep insinuating that Tesla canceled the existing contracts and kept the money, which is not true.

    https://forums.tesla.com/discussion/164659/annual-service-discontinued-if-you-prepaid-theyre-keeping-the-money
  • @SteveOf2 ” There are lots of things we find ludicrous in hindsight.”

    There sure are!

    I see the invoice lists a part number. That PN description would be of interest here.
  • > @"stingray.don_98527447" said:
    > Still waiting to see a copy of the document that you signed

    Not sure how to embed pictures, but here's the line item of the invoice:
    https://drive.google.com/file/d/1qALxAbEbamSUbxzr_Um1D2vPPjtdQZAn/view?usp=sharing> @"stingray.don_98527447" said:


    > narrenschiff_92841313,
    > Once again you are pushing a false narrative. Tesla will honor existing service agreements. They have just discontinued 'selling' it. You can continue to use the service agreement as agreed upon when purchased OR you can request a refund at any time for the unused portion of the contract term. You keep insinuating that Tesla canceled the existing contracts and kept the money, which is not true.
    >
    > https://forums.tesla.com/discussion/164659/annual-service-discontinued-if-you-prepaid-theyre-keeping-the-money

    This is the problem. As narrenschiff_92841313 posted, although they're happy to contact me to sell me new things, there was no notification sent to me. And, for the document I signed, there was no reference to a mileage expiration, so I still had 2 months left. Now, I'm told it was expired.
  • https://drive.google.com/file/d/1qALxAbEbamSUbxzr_Um1D2vPPjtdQZAn/view
  • That is a receipt, not a contract.
  • > @"stingray.don_98527447" said:
    > That is a receipt, not a contract.

    it's a signed document, between the seller (Tesla Service) and myself. Are you saying that purchased items (like the windshield wipers or fob battery) can be taken back by Tesla?
    I'm not sure if you're really trying to have a discussion, or just looking for an argument.

    I posted here, looking for some insight into what others have experienced. Apparently, this is a thing, as outlined here: https://forums.tesla.com/discussion/164659/annual-service-discontinued-if-you-prepaid-theyre-keeping-the-money and it's a recognized problem.

    Hope others find this helpful, and I'll post back when I get closure.

    I appreciate the constructive conversation, questions and links.
    Steve
  • > @SteveOf2 said:
    > https://drive.google.com/file/d/1qALxAbEbamSUbxzr_Um1D2vPPjtdQZAn/view
    >
    >

    You ordered a Part number, that is what you ordered and paid for. The short description on that invoice is just that, a SHORT description. It doesn't not specify everything about that part number. When you order any part, that "part" might be one single part, or something that may have multiple pieces/parts for that part. When you order a Rear Drive Unit, you don't order all the sub-parts for it. It would all come together as one assembly.

    You ordered a part number, you would have to go back to Tesla documentation that fully defines that part number(Terms and Conditions)

    Sorry.
  • Let us know how your lawsuit goes lol
  • Here's another way to look at it.... You go out and buy an oven/stove/refrigerator/microwave....and you get the extended warranty on it but no one gives you any brochure or anything that tells you the terms and conditions of the warranty... You are still restricted by the terms and conditions of the warranty.
  • https://www.reactiongifs.com/wp-content/uploads/2011/05/scarjo_popcorn.gif
  • > @derotam said:
    > Here's another way to look at it.... You go out and buy an oven/stove/refrigerator/microwave....and you get the extended warranty on it but no one gives you any brochure or anything that tells you the terms and conditions of the warranty... You are still restricted by the terms and conditions of the warranty.

    I've never had an issue with Home Depot, Lowes or any other company that has maintenance contracts. They make it clear upfront, have you sign a document to the warranty claims. They have the experience to know how to handle these sorts of interactions.
    This is just part of Teslas early growth for how to support their customers.
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