AP 2.0 Bait and Switch?

[Mike's X]

lets not forget blindspot warning, front collision avoidance, myriad other things besides autosteer or self driving. None of those other things require regulatory approval, they just don't work - - automatic windshield wipers? auto dimming headlights?

 

[Mike's X]

Ever wonder why some people are irritated by self-entitled folks that have a few bucks in the bank? Exhibit A.

Haha . I am entitled to get what I paid for, I did not, why does this cause so much visceral reaction?

 

[liuping]

(d) The delivery of the advertised product which is defective, unusable or impractical for the purpose represented or implied in the advertisement. [Guide 4]

Section D is the relevant one -

I suspect NON Tesla fanboys and girls on a jury would agree that the car was promised (i.e. the contract) to have 12 life and safety features and was delivered with none of them at delivery.

What "advertisement" are you referring to? The webpage is the only advertisement I know of, and it say the features are "expected" to be delivered in December 2016. That was true at the time of delivery, so the vehicle was delivered as represented in the advertisement.

The expectation did not come true, but that is a different issue. I think a decent attorney, could convince a jury of the distinction. Especially since the update is shipping a few days after the "expected" time frame, and it was clear that Tesla was not trying to do a "switch" and not provide the expected functionality.

 

[Mike's X]

The advertisement is the contract

 

[Mike's X]

and the specification is "at delivery" which in my case was December 23

 

[Canuck]

Nope no disclaimers when I ordered it - it said available and my contract said the features would be in the car. They are not.

Unlikely since you had to have ordered it from the webpage and it said "expected". I agree it's bad marketing. I don't agree it's bait and switch. Those are two very different things.

 

[Canuck]

The advertisement is the contract

Ummm... no... it's potentially extrinsic evidence of the contract... but then there's the parol evidence rule which may exclude it from evidence entirely.

 

[Mike's X]

Nope ordered it in the store with the salesperson, who promised that those items were going to be delivered with the car and even showed us the features during our test drive.

 

[Canuck]

Nope ordered it in the store with the salesperson, who promised that those items were going to be delivered with the car and even showed us the features during our test drive.

Orally or in writing?

 

[Mike's X]

Screen Shot 2017-01-09 At 10.33.41 PM

• Mike's X
• Jan 9, 2017

Oral and written on the vehicle confirmation sheet - I ordered AP 1.0 and they replaced it without my consent and without informing me to AP 2.0

 

[wbrumfiel]

Sell it and move on, you won't be missed

 

[Canuck]

Oral and written on the vehicle confirmation sheet - I ordered AP 1.0 and they replaced it without my consent and without informing me to AP 2.0

Ahhh, I get it now. And you're going to argue that by changing all AP1.0 to AP2.0 on every Tesla vehicle around the time of your purchase, and you getting AP2.0 instead, it was all a bad faith conspiracy bait and switch? Good luck with that one. In my view, those facts make your case even weaker than it was before. You're one of the very few who prefer AP1.0 hardware and software today, over AP2.0 hardware with software yet to come.

Relax and be happy. Your feature will come soon.

Unless, of course, you have ulterior motives for your buyer's remorse, which I strongly suspect is the case.

 

[Mike's X]

My buyers remorse is that none of it works and you guys keep telling me to have faith and be patient - the last time they rolled out AP it took a year to get it working. and again I could give 2 sh*ts about AP, I just want the safety features that are completely missing. Why is that software so difficult?

 

[wbrumfiel]

My buyers remorse is that none of it works and you guys keep telling me to have faith and be patient - the last time they rolled out AP it took a year to get it working.

Sue them, you won't win.

 

[Canuck]

My buyers remorse is that none of it works and you guys keep telling me to have faith and be patient - the last time they rolled out AP it took a year to get it working.

Okay, don't have faith and be patient. My point was only that I don't agree it's bait and switch or that you can blame your accident on the vehicle.

We're also all encouraging you to sue...

 

[Mike's X]

Sell it and move on, you won't be missed

Naw, aint gonna take 30K hit over it; it's gonna be Tesla's problem one way or another - already asked them to take it back and cancelled my Powerwall and Model 3 reservations.

 

[GHammer]

SUE! SUE! SUE! SUE!

 

[Canuck]

Naw, aint gonna take 30K hit over it; it's gonna be Tesla's problem one way or another - already asked them to take it back and cancelled my Powerwall and Model 3 reservations.

Oh no, I better sell my TSLA shares!

 

[Mike's X]

Oh no, I better sell my TSLA shares!

Eh! Up to you, but if the culture of the company is to continue this dubious marketing scheme they will never reach critical mass. And if they do, God help them.

 

[millertime]

You actually received much more advanced hardware than you signed up for at the time you placed your order. Many, many threads are filled with others complaining the they missed out on AP2 hardware. Ask yourself if you really want the software update before its ready? I think the visceral reaction you are getting from folks on here has more to do with your angry presentation of your case and your lack of patience.

The software you are so upset about is in final testing with select customer cars this week. If it is working as intended, you will have it shortly. This is exceptionally complicated software that has the potential to have life threatening consequences if it is not done right. Again, do you really want it before it's ready. Try to enjoy your car and ALL of the awesome features that are working today. It is the quickest SUV ever produced, it is very fun to drive (off autopilot), and you can enjoy that you are contributing, in a meaningful way, to the transition to sustainable transportation.

Having an S without any autopilot (that I thoroughly enjoy driving), and an X with AP1 that is a blast, I am speaking from an informed position. I understand your frustration, but I can't help but think much of your anger at Tesla and its delay in AP2 software has a lot to do with your accident with your brand new car. A car that had working side and rear view mirrors...