Battery Replacement Warranty Obligation

[Roger S]

Has anyone challenged Tesla in court in California iunder Civil Code, Chapter 3 Deceptive Practices, Section (1) Passing off goods or services as those of another.

Specfically, this applies to the 2014 Tesla Model S Basic Warranty for battery replacement within 8 years and unlimited miles and the use of a 'remanufactured' battery that clearly does not perform to the same expected level of the original battery. My arguement is that this section should protect consumers from having a clearly inferior battery product passed off as a warranty part replacement.

I am looking to establish evidence for my case in which the battery was replaced under warranty at 80 k miles and 7 years, and the replacement under warranty has now failed after only 18 months and 13k miles. Tesla has refused to accept the battery as defective and required me to replace the battery at my cost.

Are there other statues, laws. or consumer protection mandates that require at least an equivalent part be used when a replacement is guaranteed under warranty.

Thank you!

 

[Ostrichsak]

Has anyone challenged Tesla in court in California iunder Civil Code, Chapter 3 Deceptive Practices, Section (1) Passing off goods or services as those of another.

Specfically, this applies to the 2014 Tesla Model S Basic Warranty for battery replacement within 8 years and unlimited miles and the use of a 'remanufactured' battery that clearly does not perform to the same expected level of the original battery. My arguement is that this section should protect consumers from having a clearly inferior battery product passed off as a warranty part replacement.

I am looking to establish evidence for my case in which the battery was replaced under warranty at 80 k miles and 7 years, and the replacement under warranty has now failed after only 18 months and 13k miles. Tesla has refused to accept the battery as defective and required me to replace the battery at my cost.

Are there other statues, laws. or consumer protection mandates that require at least an equivalent part be used when a replacement is guaranteed under warranty.

Thank you!

The terms of the warranty clearly states that the replacement part will return the same performance at the time of failure. Nobody should expect a brand new battery that would return the vehicle to the performance when it was brand new. So, no, I don't think anyone has challenged that because it would be a waste of money. For the many things Tesla could be sewed for legitimately... that ain't one of them.

 

[GHammer]

....and the replacement under warranty has now failed after only 18 months and 13k miles. Tesla has refused to accept the battery as defective and required me to replace the battery at my cost.

What is the failure mode, error codes?

 

[Roger S]

The terms of the warranty clearly states that the replacement part will return the same performance at the time of failure. Nobody should expect a brand new battery that would return the vehicle to the performance when it was brand new. So, no, I don't think anyone has challenged that because it would be a waste of money. For the many things Tesla could be sewed for legitimately... that ain't one of them.

So if I understand that logic, if the battery fails one day before the end of the warranty and therfore my expectation for a warrantied replacement part should only be one day? Shouldn't there be some form of minimum performance expectation for a warranty part replacement. The replecement I just paid for has a 4 year warranty! What is the difference between what I just paid for and what I was given under warranty?

 

[Ostrichsak]

So if I understand that logic, if the battery fails one day before the end of the warranty and therfore my expectation for a warrantied replacement part should only be one day? Shouldn't there be some form of minimum performance expectation for a warranty part replacement. The replecement I just paid for has a 4 year warranty! What is the difference between what I just paid for and what I was given under warranty?

That's correct. Your warranty period is stated clearly as 8 years. This means that your warranty doesn't reset to another full 8 years for a total of 16 years from when the vehicle was manufactured because you got a replacement battery the day before it expired. They're warranty is for 8 years and any replacement is guaranteed to get you back to the same range you had before the total failure... not when it was brand new.

I have no idea what you're talking about 4-year warranty. You're talking about different things now and it seems like you're confusing lots of separate topics here.

 

[Roger S]

What is the failure mode, error codes?

Not sure. The alert I received was only the standard "Maximum battery charge reduced. Ok to drive. Schedule Service"

 

[Roger S]

That's correct. Your warranty period is stated clearly as 8 years. This means that your warranty doesn't reset to another full 8 years for a total of 16 years from when the vehicle was manufactured because you got a replacement battery the day before it expired. They're warranty is for 8 years and any replacement is guaranteed to get you back to the same range you had before the total failure... not when it was brand new.

I have no idea what you're talking about 4-year warranty. You're talking about different things now and it seems like you're confusing lots of separate topics here.

When you pay for your own replacement battery the warranty covers 4 years or 50k mileage, if it is replaced under warranty you have only to the end of the 8 year warranty. This is not a claim for an additional 8 year warranty, this is a claim for a minimum expectation as a consumer that we are protected by conusmer protect laws for an enforcable warranty and not a band aid.

 

[maximizese]

So it seems as if the warrantied battery last 7yrs/80K miles, was replaced under warranty with a refurbished battery pack by Tesla at no cost but the refurbished battery pack lasted 18 months (6months beyond the original warranty period), and now Roger S paid Tesla Service to replace the 18 month old failed refurbished battery pack with what Tesla sold them and offered a 4yr/50K(?) mile warranty on the paid battery pack.

Now I'm assuming that Roger would like to know if there's a difference between the product quality and expected longevity between the 18 month failed refurbished battery pack and the pack they just paid Tesla to install.

 

[Roger S]

So it seems as if the warrantied battery last 7yrs/80K miles, was replaced under warranty with a refurbished battery pack by Tesla at no cost but the refurbished battery pack lasted 18 months (6months beyond the original warranty period), and now Roger S paid Tesla Service to replace the 18 month old failed refurbished battery pack with what Tesla sold them and offered a 4yr/50K(?) mile warranty on the paid battery pack.

Now I'm assuming that Roger would like to know if there's a difference between the product quality and expected longevity between the 18 month failed refurbished battery pack and the pack they just paid Tesla to install.

That is correct. Thank you. It is my understanding that the laws protect consumers from being given a lessor part for a warranty claim. So 13k range on a battery pack does not seem like for like in any defintion. In fact, reputationally I am surprised Tesla would not take more accountability over the failure rate of remanufactured v. new.

 

[NV Ray]

Not sure. The alert I received was only the standard "Maximum battery charge reduced. Ok to drive. Schedule Service"

Check out this Facebook Group I started last Nov after my own experience. Will also send you a PM. Tesla BMS_u029 | Facebook

 

[mongo]

That is correct. Thank you. It is my understanding that the laws protect consumers from being given a lessor part for a warranty claim. So 13k range on a battery pack does not seem like for like in any defintion. In fact, reputationally I am surprised Tesla would not take more accountability over the failure rate of remanufactured v. new.

The law: Codes Display Text

​

CHAPTER 3. Deceptive Practices [1770- 1770.]​

( Chapter 3 added by Stats. 1970, Ch. 1550. )


​

1770.​

(a) The unfair methods of competition and unfair or deceptive acts or practices listed in this subdivision undertaken by any person in a transaction intended to result or that results in the sale or lease of goods or services to any consumer are unlawful:

(1) - (5) not applicable

(6) Representing that goods are original or new if they have deteriorated unreasonably or are altered, reconditioned, reclaimed, used, or secondhand.

(7) Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another.​

Unless Tesla enticed you to buy a car by claiming warranty packs would be new, I'm not seeing how this law applies to your situation.

 

[MP3Mike]

The replecement I just paid for has a 4 year warranty! What is the difference between what I just paid for and what I was given under warranty?

You would have to compare part numbers to know for sure, but there very well could be no difference.

 

[ucmndd]

So if I understand that logic, if the battery fails one day before the end of the warranty and therfore my expectation for a warrantied replacement part should only be one day?

Exactly this, yes.

The Tesla battery warranty is clear. Replacement under warranty does not extend the terms of the original warranty in any way.

They owed you an 8 year unlimited mile battery warranty, which it appears you received. The fact the battery was replaced once under said warranty, be it one day in or 7 years and 364 days in, is inconsequential.

 

[zamardii12]

Has anyone challenged Tesla in court in California iunder Civil Code, Chapter 3 Deceptive Practices, Section (1) Passing off goods or services as those of another.

Specfically, this applies to the 2014 Tesla Model S Basic Warranty for battery replacement within 8 years and unlimited miles and the use of a 'remanufactured' battery that clearly does not perform to the same expected level of the original battery. My arguement is that this section should protect consumers from having a clearly inferior battery product passed off as a warranty part replacement.

I am looking to establish evidence for my case in which the battery was replaced under warranty at 80 k miles and 7 years, and the replacement under warranty has now failed after only 18 months and 13k miles. Tesla has refused to accept the battery as defective and required me to replace the battery at my cost.

Are there other statues, laws. or consumer protection mandates that require at least an equivalent part be used when a replacement is guaranteed under warranty.

Thank you!

How much is the replacement battery?

 

[cbdream99]

Unfortunately, anything replaced under warranty is only covered till the end of the original warranty. Tesla is under no obligation to extend it beyond the original warranty even 1 day. However, if you are able to talk to a real person in charge in local SC to see if there is any chance of a reduced cost as a goodwill gesture. From what I read, the earlier version has a poorly drain designed drain that makes the battery, pretty sure Tesla never go back and fix it. If feasible you may talk to 057tech to see if their cost will be lower or make more economic sense for you.

 

[zoomer0056]

@Roger S , what was the warranty on the second battery?

 

[mongo]

@Roger S , what was the warranty on the second battery?

Per the current warranty agreement, there is no extension as a result of warranty service.
https://www.tesla.com/sites/default/files/downloads/Model_3_New_Vehicle_Limited_Warranty_NA_en.pdf

General part warranty timing only applies to parts purchsed by owner, not those replaced under warranty.
https://www.tesla.com/sites/default...sories-body-repair-limited-warranty-en-us.pdf

 

[zoomer0056]

that clearly does not perform to the same expected level of the original battery.

It will have to be proven that the replacement "expected level" was not as warrantied. Did service explain what the warranty was on the second battery. Did service say what their expectations were? TMC can point to some great info but will require some work to read up and understand/interpret it all. Also, search the rest of TMC for more info. You might find someone who fought Tesla for battery waranty. After this thread lives a little, a consultation with a lawyer may prove beneficial.

 

[Roger S]

Per the current warranty agreement, there is no extension as a result of warranty service.
https://www.tesla.com/sites/default/files/downloads/Model_3_New_Vehicle_Limited_Warranty_NA_en.pdf

General part warranty timing only applies to parts purchsed by owner, not those replaced under warranty.
https://www.tesla.com/sites/default...sories-body-repair-limited-warranty-en-us.pdf

Thanks. I am well aware of Tesla's current warranty agreements. My question speaks to the California Code of Regulations, specifically the Bureau of Automative Repair and their position on False or Misleading Statements covering the obligations for a motor vehicle part or component or service. For those of us who live in California, it is this Act that governs the nature, extent, duration, terms or cost of a guarantee of a motor vehicle part. Again, thanks for the information however I am simply verifying if anyone in this community has challenged Tesla's battery replacement warranty obligation?

Also I understand it is probably a very small proportion of owners who had a battery replacement at the end of their warranty, and had an immediate or secondary failure shortly after the warranty expired. The Tesla Service Center was extremely supportive and called my battery failure 'highly unusual'. Unfortunately, after several attempts to receive approval for a goodwill replacement it was decliend by the manufacturer. Seeking anyone who experienced a similar defective part replacement, and would like to join me in the pending court action.

 

[mongo]

Thanks. I am well aware of Tesla's current warranty agreements. My question speaks to the California Code of Regulations, specifically the Bureau of Automative Repair and their position on False or Misleading Statements covering the obligations for a motor vehicle part or component or service. For those of us who live in California, it is this Act that governs the nature, extent, duration, terms or cost of a guarantee of a motor vehicle part. Again, thanks for the information however I am simply verifying if anyone in this community has challenged Tesla's battery replacement warranty obligation?

Also I understand it is probably a very small proportion of owners who had a battery replacement at the end of their warranty, and had an immediate or secondary failure shortly after the warranty expired. The Tesla Service Center was extremely supportive and called my battery failure 'highly unusual'. Unfortunately, after several attempts to receive approval for a goodwill replacement it was decliend by the manufacturer. Seeking anyone who experienced a similar defective part replacement, and would like to join me in the pending court action.

Yes, and I link the appropriate law earlier:

The law: Codes Display Text

Unless Tesla enticed you to buy a car by claiming warranty packs would be new, I'm not seeing how this law applies to your situation.

This response was directed at warranty coverage of in-warranty repairs.