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Can you delay your delivery after finalizing your order?

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Kraken - I got this letter in the mail today. I appears CapitalOne violated the Service Members Relief Act, and the Department of Justice went after them. The end result was a check for all the fees they charged me while I was in Iraq.

If Tesla gives you a hard time about your deployment, show them this letter and ask them if they want the Department of Justice to come down on them for not holding your car or giving you your money back.

Good luck brother!


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I STILL firmly believe that Tesla will accommodate military being deployed on active duty to a combat zone. If it isn't already a policy, it will/should be whenever the "right" person at Tesla is notified that this is an issue and will be going forward. We (someone) has to get word to the "right" person and get this straightened out with a reasonable policy that works for Tesla, and all military member's that may have this issue.
 
For military currently deployed they will extend. It wasn't indefinite, but if anyone reading this thinks they might end up in that situation, talk to them.

While indefinitely might be a little strong, 60 days is short. We reserved knowing we would be gone March-May. While we were hoping we'd have the vehicle at the end of May (we're down a vehicle right now), it definitely was looking like it was going to be August-November in reality. Now our deployment is looking like it will be 70-80 days (until yesterday it was just under 60, starting 2 weeks later). If the current windows hold true, we'll likely get a delivery window that basically is the first 2 weeks of our deployment, and 60 days would very possibly be before we get back. We can send in a copy of our orders that will say when we'll be back if they want proof that we won't be waiting forever... If it does get finished 65 days before we're supposed to get back, it'd be nice if they could just leave it in the factory parking lot until our orders are up, rather than having to have someone else go get it because of a difference of 10 days or less.

Realistically, this is only a temporary issue as their order-delivery time is in flux. Once it stabalizes, people will have the ability to purchase knowing how delivery will relate to the timing of their deployments.


Kraken - Talk to a JAG Officer about the Service Members Relief Act (SMRA) and how it might apply to your contract with Tesla. Congress enacted the SMRA because service members like you and me were getting absolutely SCREWED every time we got deployed. I know guys that lost everything because of a deployment... their house, they're jobs, their credit... everything.

I learned all about the SMRA in 2008 through a family member of mine that happens to be a judge. It did wonders for me when I was recalled for Iraq, and I would of been in a lot of trouble if it wasn't for that law.

When I was recalled, I owned a business and was obligated to fulfill several contracts that carried penalties for failing to perform. Being deployed to a combat zone obviously put me in a situation where I couldn't fulfill my end of the deal. The SMRA forced those organizations to either suspend the contract, or dissolve it completely without penalty.

And when I say suspend, I mean that if on the day you leave you have 25 days left to pick up the car... they have to give you 25 days from the day you get back. The period you were gone cannot be taken into consideration. Legally, it has to be as if the deployment never happened and you were never gone. Does that make sense?

In your case, it would behoove Tesla to suspend the deal until you get back. The alternative is that they end up with a car that they have to sell, AND they would have to give you your deposit back.

I'm not a lawyer, but knowing the way the SMRA worked for me back in 2008, I can say with some certainty that Tesla only has two real choices here. 1) they can either suspend your contract and store your car for a few months or 2) give you your deposit back and let you go through the entire sales process again under a new contract.

Tell them about the SMRA by asking them if they are aware of it. If they give you trouble, ask for the address to their General Counsel (lawyer speak for Tesla's lawyers) then have a JAG Officer write them a letter. That did it for me.

What am I missing? It sounds like kraken is saying they are accommodating, it's more a matter of a week or two regarding delivery. I don't understand why there is talk of lawyers and suing and Tesla doing the right thing.
 
What am I missing? It sounds like kraken is saying they are accommodating, it's more a matter of a week or two regarding delivery. I don't understand why there is talk of lawyers and suing and Tesla doing the right thing.

Agreed. Tesla clearly IS doing the "right thing." As for me personally; I have believed this all along. I don't believe talk of lawyers and/or suing is or will ever be necessary with this company. I don't even think mentioning the SMRA will ever be necessary. I firmly believe that doing the right thing for deployed/deploying military IS already policy. Meaning that any employee in a position related to this subject would know the correct answer. In the unlikely event that it isn't already policy; I believe it will be.
 
Alright, the thing is that if their time from order to delivery gets down to a month or so as it seems it will, it really is a non-issue except for the rare circumstance (which is possible) that someone gets rapidly deployed within weeks of making their order. Until their schedule is more predictable, their best method is to use a case-by-case answer. In our case, their 60 day solution worked until our next deployment got extended by several weeks. I called to talk to them about that, and the guy put into the system to deliver no earlier than a certain date. I dont know if they will start building our car at a timeframe that will have it ready when we need it, or if we will just enter a really long (o r short) wait by being put to the back of the line at that point.

I'm not sure if any of the change in mentality was due to conversation about SCRA on this forums or just someone different answering the phone (which would be odd since the managers were in on the 60 day decision, and it would also go against the article posted above about not being able to delay delivery for customers). I also don't know exactly if SCRA does or does not apply. After reading it, there is a section that is vague enough that it could apply if someone wanted to. Such is the case with most gov't docs i've seen, they keep them vague so that in one case it can favor one decison, and in another it can still favor the complete opposite based on who the benefactor of the decision is....

unfortunately, they will always run the risk of someone randomly being deployed for up to a year after ordering.

In our case I can tell them a date I'm 99.9% sure we will be back by. I think they are adhering to that date now (We haven't received an updated window like most of the people who had reservation and finalization dates close to ours, though solar city has contacted us). I really hope they do, as that is the correct answer to someone in our situation.

- - - Updated - - -

another issue with being military is the fact that we don't live where we register our car. We will do a factory delivery because we live less than an hour from the factory, but we will register in Florida. All of our paperwork is being done so that it says we are working through the Dania Beach store, so it is possible that the reason we haven't been given updated windows like other people around us on the timeframe is because we are being incorrectly batched with cars going to the East Coast/Florida, rather than them actually adhering to the date they told me they have in the system for our deliver no earlier than date. I doubt this is the case, and I trust that they are actually adhering to what they told me, but I'm getting ready in case they aren't.
 
Hi everyone,
I just wanted to know if Tesla is only willing to delay delivery for military personal or for any customer who is in a difficult situation.
I went for my first test drive of the Model S, and reserved the car less than one month ago. Today I got my delivery button with an estimated delivery date of March 13th-March 27th.
Last month when I test drove the car, the lady at the showroom told me that the wait was 6-9 months. I was looking to take delivery of the car for my college graduation in May, and planned accordingly. Do you think that if I explained my situation to Tesla, they would be cooperative in delaying the car for 6-8 weeks?
 
Hi everyone,
I just wanted to know if Tesla is only willing to delay delivery for military personal or for any customer who is in a difficult situation.
I went for my first test drive of the Model S, and reserved the car less than one month ago. Today I got my delivery button with an estimated delivery date of March 13th-March 27th.
Last month when I test drove the car, the lady at the showroom told me that the wait was 6-9 months. I was looking to take delivery of the car for my college graduation in May, and planned accordingly. Do you think that if I explained my situation to Tesla, they would be cooperative in delaying the car for 6-8 weeks?

No.

You test drove the car AFTER you finalized the car and signed the paperwork?

I doubt that the show room lady was aware of that fact that you had already finalized.

It's not Teslas responsibility to make sure that you are capable of affording the car. As an investor, I support Tesla in acting according to the signed agreement and giving our service man and women the benefits according to law.

Once they start making exceptions, there will be no end to it: graduation, wedding, death in the family, smaller bonus check, new baby, etc etc.

You can't do business that way. Tesla is not a layaway business... :)
 
You test drove the car AFTER you finalized the car and signed the paperwork?

I doubt that the show room lady was aware of that fact that you had already finalized.

No I didn't.
I test drove the car, put down my deposit a few days later, and then finalized my car about a week ago..
Here are the exact dates:

1/11/13- Visited Tesla Showroom for the first time ever!
1/12/13- Test drove the Model S performance with my parents
1/14/13- Put down $5,000 deposit and reserved my car: Res. # 18,278
2/04/13- Got my 'Finalize' button, built my car: Awesome, I also received my finalize button today.
Got the finalize button at 8:34PM, Reservation #18,278. Finalized my car at 9:42
Tesla Model S Performance, Pearl White, All Glass Panoramic, Carbon Fiber Spoiler, 19" Wheels, Tan Interior, Carbon Fiber Decor, Tech Package, Sound Package, Paint Armor, Twin Chargers + High Power Wall Connector.
Initial delivery window: March/April
2/10/13- Recieved my Delivery button... Delivery Estimate March 13-March 27