Consumer Ombudsman PO Box 463 Sentrum 0105 OsI.o
Att: Ingrid Stokkelandsvannet / Thomas Iversen
Oslo, 1 December 2015
Case no. 15/7337 - 2: Ktage from Terje Foss ("Complaints") concerning the Tesla Model S P85D (hereinafter "P85D" or "car") concerning the acceleration, horsepower and top speed, and similar complaints
I Introduction I am writing to you on behalf of Tesla Motors Norway AS ("Tesla") in response to the letter of 16 October 2015 concerning fraForbrukerombudet ovennermte complaint and other complaints of a similar nature that are submitted to the Consumer Ombudsman ("complaint"). Representatives from Tesla was in a meeting with the Consumer Ombudsman 2. november2015 agreed to submit a written svarpåklagen by 1 December 2015.
2 Background / complaint Complaints ordered his Tesla Model S - P85D in October 2014 and this was delivered in February 2015 'On the iidspunkt was P85D the Tesla model that had the best performance. P85D is unique in that it has two electric motors, one for each shaft. That means better traction and improved performance in relation to engine variants of the Model S with only one engine, since it can be rendered more motorlaaft the road. Tesla's website suggested that P85D had an engine power of 700 hp, which is the sum of 224 I1k in the front engine and 476 hp in the rear engine (the home page specified engine power for each motor). Homepage also indicated that P85D could accelerate from 0-100 km / h pât3,4sekunder, and have a top speed of 155 miles per hour tilsvarende250l <rrtlt.l
Complaints allege that P85D not meet these specifications in terms of engine power and acceleration, and that the promised upgrade of the top speed was never delivered. As described below, these claims is demonstrably incorrect. Execution specification is verified and obtained by Tesla, independent third party and clients and the upgrade is delivered fully.
They complain that the Consumer Ombudsman has received generally show how the alleged "lack" was nothing petitioners discovered by their own vehicle, but as they discovered on the basis of what others may have experienced with Ligue cars. In the vast majority cases customers say that they are extremely happy with their cars and they do not want raising. It is worth noting that most tlug "n" not to submit any documentation, tests or data that shows any deficiency. As we will explain in this letter, and as for all performance specifications, the results
In Sorn Complaints allege was his folentning that top speed and other emotions at the car would be better at h'ådløst prograrnoppãatering sorn would happen after delivery. As described in this letter were these upgrades gjennornført in April 2015.
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waders, depending among other test parameters and procedures, environmental factors, aspects of the car, and operational and road conditions. None of these conditions, however, will change the simple fact that P85D certainly satisfies the performance specification that was specified for the - which is achieved by both Tesla and others.
Tesla takes customer training and customer service seriously. Creating confidence in Tesla trademark is central to our success as a relatively new ald.ør in automotive market with leading technology. Our efforts have been rewarded with high ratings and prices that we receive for our approach to sales and service. Even complainant, who has owned three Tesla, acknowledges Van high standard of customer service. To preserve a good relationship with our customers, we have been in direct contact with many of those who have complained, and we have offered goodwill payments even though there is no legal grururlag for or obligation ã give concessions. We have done this because we are primarily dedicated to satisfy customers ir¡ren reasonable limits. Complaints have continued, however, to require a completely unjustified rebate would essentially reduce the purchase price of his P85D lil price for a 85D, despite all the significant, real and obvious differences between these variant "ne. ' Plaintiff's claims are unreasonable and are based on statements that are demonstrably false.
3 Tesla has delivered the car they had promised Despite complaints delivers P85D the performance that was promised on our website. The performance is well documented, not only by Tesla, but also by independent third party and also customers. Also experience shows that the measured specifications are achieved and that there attainable. This is also subjectively proven through the delight customers and their passengers experience in Model S.3
4 Tesla Model S P85D acceleration: 0-100 km / h in 3.3 seconds The advanced all-electric driving in a P85D allows it to accelerate from 0-100 KRN / tpâI3,3 seconds. This was measured by a well-documented test of Tesla's engineers and approved by independent third parties and customers, some of them have even achieved better results. While plaintiff's expectations when he bought the car was 0-100 km / h pâ3,4 seconds Complainant car today actually even faster. It can do 0-100 km / h pä3,3 seconds and it is also Maite that it can gore even faster.
Tests by Tesla and independent third parties show that P85D is able to accelerate from 0 to 100 km / h of 3.3 seconds or less:
a magazine Motor Trend tested Model S P85D and achieved 0-60 miles / h (0-97 km / h) Pat 3.1 seconds (see Annex A)
2
For eksernpel as Complaints bought P85D could it cheaper 85D variant accelerates from 0-100 KTR / h in 5.4 seconds, a full two seconds LNER than P85D. Complaints believes that he has not received value for improvement (among others) by these two seconds of acceleration, while the appeal goes on fractions of a second. In addition to the increased performance voldsornme koruna P85D also with other ytelsesrnessige and utseendernessige upgrades that are not tilglengelig for 85D. 3 The Norwegian news page E24, describes for eksernpel experience such "D¿¿ should next be forbudl to make a family car that has that has a so dyrßk jerk as the P85D have. With Jìrehjulstrekk JAR one namely availed itself of all the powers, and even on småvått surface bites the stick and sþter unleashed almost entirely without wheelspin. It all provides an easy and sværr temporary facelift. " See also the passengers 'reactions to ()'
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StreetCarDrags also confirmed 0-60 miles / h (0-97 KRR / Ð 3.1 seconds in a dragster environment (see Annex B).
Drag Times tests show 0-60mph (0-97 kn / Ð pä3,17 seconds (see Appendix C) '
Others have also tested the car and posted videos on YouTube:
Tesla's internal tests of P85D also achieved 0-100 km / h pä3,29 seconds
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As always at the acceleration specified by automakers or magazines showing the indicated times what is possible, not what might be expected of all cars at all times. Acceleration time depends on a plethora of external falforer as weather conditions, road conditions and tire condition, road conditions, road surface and the tire temperature, battery charge, vehicle weight with load, including optional equipment, driver characteristics, test equipment and calibration of equipment.
Test procedures are also important. At Tesla we use an industry approved deployment method to test the acceleration. This method should simulate fNational Hot Road Association (NHRA)] industry standards and reflect what the driver can expect in an official drag strip environment. This test method is common in the US and is used by several car magazines such as Motor Trend and manufacturers worldwide, including Ford and General Motors.
As demonstrated above, the P85D clearly proved that it is able to clear the alleged acceleration - in fact it has repeatedly shown that it can turn this time. However, it is known that allekjøtetøy, FTA Model S to all others, may experience significant differences in acceleration time tested. The Norwegian magazine ViMennBil / TopGear wdersøkte a number of cars that Model S competes with and reported the following data and differences between acceleration time specified by the manufacturer and the time measured for these cars:
a data obtained from viManBivTopGears hjernmeside ftlikk there to see the individual data of the related vehicle)
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100km / Ð3.2 seconds 3.t7Dchtps; /gqs.cUdaB 5.3 seconds (0-60 mph or 0-91krn / t) s http: // so o. Gl In zhLovT Aksel Youtube Video Link
6.3Jazuar XJ 5.7 5.8Audi A8 5.5 6.3Lexus GS450h 5.9 7.97.2Audi A6 9.38.5Porsche Cayenne 5.14.4BMV / i8
0-100 km / h (quoted by 0-100 km / h (dimensions) Bit Late
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Accordingly, we note that the reviewers not only achieved acceleration corresponding Tesla times noted P85D, but in some cases the measured time for P85D actually been faster than Tesla have stated.
There is no doubt that P85D is more than able to cope with the acceleration that Tesla has stated on its website. None of the appellants has refuted some of the front nermte examples where P85D achieved an acceleration equal to or better er¡r Tesla's specifications. They can not disprove it because Tesla's claim is based on fact.
5 Tesla Model S P85D engine power: 700 hp Tesla announced that P85D had an engine power of 700 hp. P85D variant in the Model S is equipped with two electric drir.¡motorer. The front motor is set to have 224 hp, while the rear is set to have 476bk. Together, both engines capacity pä700 hp. Tesla has on its website always been clear that the presentation of PA 700 hp expressly only refers to "power," and not "the vehicle's power" and one has also specified each engine power for themselves. This distinction is important since Tesla has never set any figure for "vehicle power" nor indeed has never indicated any numbers beyond "engine power". The appeal has erroneously mixed these two concepts.
Moreover, the figures relating to the engine power as specified by Tesla numbers that Tesla was iuridisk forptiktet to opptyse about. These were determined by using appropriate standard industry methods promulgated by the UN Committee on Economic, Social and Cultural Rights ICESCR (ECE) Regulation No. 855. Regulations Angket a standard test procedure for measuring the forces of internal combustion engines and electric driwerk. Maximum net forces for each engine Tesla use was measured using the procedure specified in ÖSK Regulations 85 Article 5.3 and Appendix 6. The procedure requires sample of each engine test bench separate from the vehicle and tested in an dynometer to measure maximum net force in each engine. Tests under ICESCR Regulations 85 resulted in the engine power that Tesla was legally obligated to disclose.
Appendix D shows approvals from the Dutch Vehicle Office (RDW) 6 which shows test results and engine power according to the ICESCR Regulation 85 for both front and rear engine car similar to Complainant's vehicle. Approvals shows a maximum net power at 193 kW (259 hp) for front engine and 375 kW (503 hp) for the rear. The targets are thus certified and approved by the EU regulatory authorities and reflects the fact an engine larger than what Complaints have expected 'ICESCR Regulation 85 applies to all vehicles, both bensindrer¿ne or electrical, and results are measured force approved by the regulatory body ( supervisory authority). Such verified and approved of it all carmakers disclose their data on engine power.
In the only right decision about an alleged discrepancy between the alleged and actual engine performance, Svein Helge Thomassen towards Nissan Nordic Europe OY, LB-2006-18354, came Court of Appeal untiI that as long as the engine performance was defined and measured in accordance with government regulations (with reference to the same regulations as Tesla bases its measurements on) can not in law be deemed to be a shortage - although in that case it was alleged that
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6 RDVy 'is a public body sorn has the authority to license and register vehicles in the European market and authorize and monitor the vehicles' technical state. See
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traction on the way was significantly worse. In other words, what is critical when assessing the effect specified by the manufacturer's data based on measurements from testing by public authorities. That is exactly what Tesla has done.
Same decision of Court of Appeal mentions that discrepancy in relation to the customer's "expected performance" may pose a deficiency, but there is no loss of "expected performance" in this case that would come close to â g¡øre a shortage. The "expected performance" best matches the Model S 'torque data, as in the real world ú.g¡ør acceleration and performance that compete with the most exotic superbiler.T But whatever the competition is, however, "expected performance" most mirrored in the human reaction . We have included links to videos online showing reactions that are typical after experiencing P85D and indicative of the vehicle's "expected performance": See, for example https: //goo.elllqHVK6 and
Google URL Shortener vcwOXH. With such acceleration world shall leave little doubt that PB5D under any circumstances deliver "expected performance".
Finally noted that the petitioners ignore the effect of their motors in addition to having been in accordance with the stated specifications also actually exceeded these. One characteristic aspect of Tesla's cars is that the computer program can be programmed via a wireless network. This means that the operating algorithms can be refined and adjusted to improve the vehicle's performance over time. The appellant's engine, so it has been tested and verified direction according ØSKForslaift 85, has actually økLfra 700 hp t1L762 hp since delivery of the car to him. Man achieved this by progamoppdatering which increased the electric current limit for the engines. There was no need for any changes to the hardware itself. Complainant's car actually has better engine today (762 hp) than when it was purchased (700 hp). The same applies for other P85D cars since both newly built and existing P85D models benefiting from these upgrades.
6 Upgraded Software
Complaints have also complained that he has not received "upgrade" in top speed as he had expected. The upgrade that complainant refers to the wireless software update that Tesla promised that would increase vehicle yteer.zne and increase top speed. Complaints takes simply wrong here, since the upgrade was actually delivered. It was performed two updates in April 2015. The first, which was installed on 10 April 2015 increased the electronically limited top speed of P85D from 130 to 155 miles / h (etler 250 kn / Ð. It also improved the vehicle's responsiveness by increasing acceleration in high speed. The second update, which was installed on 21 April 2015 introduced a new engine which reduced modelltypens acceleration of 0-100 from 3.4 seconds to 3.3 seconds current.
As seen from these upgrades keep Tesla constantly on the improvement of the cars. In most cases, even existing customers benefit from the new properties and the increased sense since the new software programs are launched. We deliver cars that provide what they promise and in many cases we will surprise our customers by exceeding their expectations as the cars literally gets better over time.
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See video of the Model S P85D sorn outperforms one Fenari 458 Italia and Lamborghini Aventador (two of the world's best sports cars) in an acceleration test: htto: //www.klikk.no/motor/articlel 496800.ece
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7 Conclusion Tesla has specified engine power, acceleration measurements and upgrades for P85D edition of Model S. The published performance data and performance is independently been proven and verified, which means that the petitioners have received both an acceleration of 0-100 km / h and the performance they paid for. Plaintiff's claim is thus unfounded ogbør awise.
With best regards
Gystad Area Manager Norway
