Can they do this? Renege on an email about Ranger visit charges?

[msnow]

I'm in a similar boat as OP. I was concerned about being 2.5 hours from a Service Center and my sales person put my fears at ease by telling me about free ranger service. This was reiterated on my pickup day in July 2016. So my first need for this "free service" was in November 2016 when my front facing camera quit working. They agreed to do it once for free and it was a great experience. They swapped the camera in my garage at home. The sales person confirmed that he did give me the wrong information about the free ranger service.

I was hoping I wouldn't need it again, but now here we are 11 months from my original purchase and I have the infamous door handle issue where it presents but doesn't open. I have to enter my car through the passenger side which is more than a little embarrassing for a 6 figure car. I called and this time they are refusing to stand behind their verbal commitment for free ranger service.

Like posted above, contract law I believe would support a verbal commitment at time of purchase and would win in small claims court (and there is no dispute, salesperson agrees that he told me that)... but taking it there seems silly and hopefully unnecessary. Is there some sort of escalation process anybody would recommend? Who is the next level up in the service/sales organization?

The local manager then the district manager but sadly if you don't have it in writing and your sales person has a faulty memory or flat out denies it now, your out of luck.

 

[renshcp]

Thanks, I'm going to follow up with the sales manager on Wednesday.

 

[rxlawdude]

"Like posted above, contract law I believe would support a verbal commitment at time of purchase and would win in small claims court (and there is no dispute, salesperson agrees that he told me that)"

Nope. A sales person is not authorized to make promises on behalf of Tesla. If you read the Terms and Conditions, it spells this out quite explicitly to the effect that "no person has the authority to modify these terms." Even Elon Musk's tweets and statements are, from a pure legal standpoint, not contractually enforceable.

 

[renshcp]

Nope. A sales person is not authorized to make promises on behalf of Tesla. If you read the Terms and Conditions, it spells this out quite explicitly to the effect that "no person has the authority to modify these terms." Even Elon Musk's tweets and statements are, from a pure legal standpoint, not contractually enforceable.

Thanks for your response. Are you a lawyer? I'd like to get some solid advice here.

If I recall correct from the very little amount of law coursework I've had, a verbal contract is as valid as a written one and trumps something that people will be reasonably not expected to read like TOS. The challenge with verbal is proving you have it, but in my case there is no dispute. Both sales and service acknowledge what sales told me. But it's been a number of years and I could be mis-remembering.

 

[rxlawdude]

Thanks for your response. Are you a lawyer? I'd like to get some solid advice here.

If I recall correct from the very little amount of law coursework I've had, a verbal contract is as valid as a written one and trumps something that people will be reasonably not expected to read like TOS. The challenge with verbal is proving you have it, but in my case there is no dispute. Both sales and service acknowledge what sales told me. But it's been a number of years and I could be mis-remembering.

Yes, I'm a lawyer, although my specialty is in healthcare law and ethics.

You are correct that oral contracts MAY be enforceable, but only in limited scenarios. Here, we are dealing with an agent (legal term of art for the employee) representing the principal (Tesla) making an oral statement that contradicts, or is at least not supported by, the written materials and contract. Further, the contract specifies that no person may modify the terms and conditions.

Now, from an ethical standpoint, should Tesla do something to mitigate their employee's error? I would say yes. But they have no legal obligation to do so.

 

[renshcp]

Yes, I'm a lawyer, although my specialty is in healthcare law and ethics.

You are correct that oral contracts MAY be enforceable, but only in limited scenarios. Here, we are dealing with an agent (legal term of art for the employee) representing the principal (Tesla) making an oral statement that contradicts, or is at least not supported by, the written materials and contract. Further, the contract specifies that no person may modify the terms and conditions.

Now, from an ethical standpoint, should Tesla do something to mitigate their employee's error? I would say yes. But they have no legal obligation to do so.

Thanks, great response and I appreciate you taking the time to spell out all the details.

 

[renshcp]

So the Service Center just called me back and told me they now have the ability to send out a "mobile tech" for free as part of a new service approach they are trying. She clarified that a truck and trailer situation would still be $3 per mile, but the type of work they can do in my garage is free. Wow, that's a 180 degree from when I spoke with her a couple days ago and I didn't have to plead with the sales manager

Perhaps this is part of a new service approach with the Model 3 rolling out? I didn't question the shift in policy too much because I was just grateful they came around so fast. I'd be interested to hear if this "new approach" is something others experience.

#satisfiedcustomer

 

[cpa]

Yeah, mostly, I believe.

Tesla has been all over the map with regards to their Ranger Service Program in the three years that we have had our Model S.

Tesla also has ambitious plans to establish service centers, but over our three years of ownership, Tesla has added very few.

The nearest Service Center to us is about 150 miles away. About 15 months ago, Tesla placed a resident Ranger in our town to service our vehicles. The one time he had to flat bed the car to the SC, there was no charge.

I think that Tesla is planning to increase substantially these resident Rangers to service a large geographical area until they have the funds to open up Service Centers.